Spinal Cord Injuries

One of the most difficult types of injuries is a blow to the spinal cord. This area is part of your body’s central nervous system, which serves as the command center for all of your physical functions. Some describe the spinal cord as the highway that the brain uses to deliver messages throughout your body. When the spinal cord is damaged, this function is impaired, potentially resulting in a host of conditions like paralysis and severe pain. Work injury attorney Patrick E. Knie has assisted helped many people from the Spartanburg area, as well as residents of Greenville, in seeking the compensation they deserve.

Most spinal cord injuries arise from an unexpected accident. Sometimes these events happen in the workplace, where they may be the result of negligence by the employer or by a third party. If no third party was at fault, the injured employee likely will be limited to pursuing benefits through the South Carolina workers’ compensation system. However, if a third party was at least partly responsible for the accident, the victim may be able to pursue a separate negligence claim against that defendant.

This process usually involves showing that the defendant failed to act according to the relevant standard of care. This duty has been developed by courts and generally requires each of us to exhibit the same ordinary skill and care that a reasonably prudent person would use in a similar situation. The specific scope of the defendant’s duty is informed by the context in which the accident occurred. While operating a car or truck, for example, the defendant’s duty would depend on the existing weather conditions, traffic rules, and road hazards that would affect the ability to drive prudently. After showing that the defendant owed the plaintiff a duty, the plaintiff must prove that the defendant’s conduct fell below that duty of care, resulting in a breach.

The final two steps of pursuing compensation in a negligence action require the plaintiff to show that the defendant’s breach caused the accident and provide evidentiary support of the costs and losses that the plaintiff incurred. To establish causation, the plaintiff sometimes enlists an expert witness to help the jury understand how the defendant’s breach was the direct cause of the plaintiff’s injuries. Expert witnesses may include physicians, accident reconstructionists, and scientists.

The evidence of the plaintiff’s damages often includes medical invoices, physical therapy costs, and pay checks showing the wages that the plaintiff would have earned had he or she not been hurt. Some spinal cord injuries result in permanent and debilitating harm to the plaintiff, which may lead to damages for the loss of future earning capacity. The damages in a negligence case can often be extensive and also include a claim from the plaintiff’s spouse seeking compensation for the loss of his or her loved one’s comfort, society, and support. Additionally, victims often seek non-economic damages related to the pain and suffering that they experienced.

The last thing you and your family should have to worry about after a devastating accident is navigating the legal system on your own. Skilled personal injury and workers’ compensation lawyer Patrick E. Knie has represented Spartanburg residents and people from elsewhere in South Carolina, including the area around Greenville. Call us at (864) 582-5118 or contact us online to schedule a free consultation with our team. We can assist accident victims from throughout Greenville, Cherokee, Laurens, and Union Counties.