Spinal cord injuries are serious and, more often than not, have severe and long-lasting impacts on victims. The ramifications of these injuries can manifest in different ways depending on the incident and area affected. The pain from spinal cord injuries can range in severity from minor aches and discomfort to complete paralysis. As you attempt to restore your health and well-being after the accident and return to a semblance of normalcy, you might consider working with a personal injury lawyer who can help secure the fair compensation you deserve.
At Bergeron Clifford, we classify cases involving spinal cord injuries as catastrophic. We have a great deal of experience with clients who have suffered these injuries, and we specialize in helping them receive fair compensation so they can attempt to live as close to how they did before their accident.
When you seek out a spinal cord injury lawyer, you may need compensation for time lost from work or because of an inability to go back to your job or perform at the same level as before. This kind of compensation is likely needed to help you pay for common expenses, alterations or modifications made to your home to accommodate your new needs, and perhaps even a personal support worker who is there to assist you with everyday tasks.
A back, neck, or spinal cord injury can happen due to various circumstances—in a car accident, while playing sports, or even during a slip and fall. You may pull or tear your muscles, slip a disc, or otherwise damage your spine. The World Health Organization (WHO) estimates that annually, up to 500,000 people worldwide suffer from a spinal cord injury (SCI).1 Additionally, injuries caused by the above-mentioned circumstances can also impact the neck or the head, causing farther-reaching problems.
Back injuries can include herniated discs, back sprains and strains, pinched nerves, and even fractured vertebrae. These injuries can result from physical activities such as sports and work-related tasks. It is not uncommon to see back injuries as a result of various accidents, such as car crashes.
It is worth noting there are a number of factors involved in a back injury case, including whether the defendant exercised their duty of care to prevent the incident that led to the injury.
The spinal cord is a critical part of your central nervous system, facilitating certain motor functions and sending sensory nerve information to the brain. It extends down your back from your brain to your lumbar vertebrae.
A spinal cord injury (SCI) occurs when there is nerve damage or trauma to the spinal column itself. This can result from a direct or penetrating impact or occur due to stretching, leading to increased pressure, tearing, or loss of blood flow to the spinal cord. While back injuries are typically muscular in nature, they can also be due to a nerve injury to the lumbar spine.
An SCI specifically focuses on an injury from the base of your skull to the cauda equina (below your tailbone). In severe cases, spinal injuries can result in partial or complete paralysis. The impact of a spinal cord injury can also result in long-term physical, emotional, and mental pain to the individual and their family.
The neck is a sensitive area of the body that is in close proximity to both your brain and spinal cord. In some cases, even a minor incident can have catastrophic results. Many of the most common neck injuries include whiplash, slipped discs, and fractures, as well as muscle strains.
Extreme neck trauma can also be linked to spinal cord injuries leading to severe pain and potentially paralysis. In addition, the risk of brain damage is a major concern, which is why neck injuries are treated so delicately. Research indicates that more than 68% of victims suffering from brain injuries also reported feeling neck pain.2
While minor neck injuries may need time and medication to heal, typically recovering within a few weeks, more severe issues may require surgeries, physical therapy, and long-term care. This is particularly the case when such injuries are associated with brain or spinal cord trauma.
Spinal Cord Injury Help After a Serious Accident
At Bergeron Clifford, we handle each of these cases with the utmost care. It can be difficult to determine a course of action after one of these devastating injuries. You might feel isolated and confused, unsure about your next steps, or wondering if you will ever be able to recover from the incident fully. With years of experience working with clients who have endured spinal cord injuries, we bring our professionalism and expertise to every case we take. We invite you to share how this accident has impacted your life and health, guiding us in formulating the best approach to secure fair compensation for any costs and damages you have incurred.
Compensation For Your Injuries
The effects of a spinal cord, neck, or back injury on your quality of life might be immediately apparent, or they may emerge over time. Initial medical interventions such as tests and surgeries might prevent your return to work, while medication costs could mount significantly. If your injury precludes you from returning to your previous job, you may need to engage a personal support worker for assistance with daily tasks, adding to your financial burden. Psychological impacts are equally significant, potentially affecting your independence and leading to a decline in mental health. Compensation will differ significantly from case to case and will take into account a combination of your immediate injuries and intangible damages.
At Bergeron Clifford, we have a proven track record as spinal injury lawyers. We understand the details that are crucial for building a strong case of this kind and have worked alongside many professionals in the medical field on the diverse effects these types of injuries can have on both physical and mental health.
Our firm also actively supports Spinal Cord Injury Ontario (formerly known as the Canadian Paraplegic Association Ontario), an esteemed organization advocating exceptional support and improved quality of life for people living with spinal cord injuries.
It is important to recognize the total impact caused by a tragic accident of this magnitude. We seek to understand the difficulties that come along with each of our client’s injuries, working on a case-by-case basis to best identify an approach that will help them retain their dignity and get them fair compensation. There are no catch-all solutions when it comes to this type of injury, and every legal case is different. This is an event that will likely impact the opportunities you have and the way you live for the rest of your life, and we treat it as such.
Although we cannot turn back the clock, we can help make the future more manageable for those living with spinal, neck, or back injuries. Our firm works on a contingency fee basis aiming to extend our legal services to as many clients in need as possible without the stress of upfront costs. To also ensure access to legal recourse, we offer free consultations. It is during this time that you can share your story, and we can start building a strong case on your behalf. To find out more about our services, please contact us. We are here for you.
The scope of compensation for a spinal cord injury can be extensive, depending on the particulars of your case. Transparency and thoroughness are crucial when discussing the impact of your injury with your legal representation. Depending on the severity of your case, your compensation could cover lost wages, rehabilitation and medical costs, or even long-term care, such as the services of a personal support worker.
While many spinal cord injury cases are resolved through settlement negotiations, there remains the possibility of your case proceeding to trial if a fair settlement cannot be reached. At Bergeron Clifford, we prepare all of our cases for trial to ensure our clients have the best options in and out of court. Should your case go to trial, your lawyer will prepare your case thoroughly and advocate for your rights before a judge and jury if necessary.
Liability in a spinal cord injury case is determined by evaluating various factors, such as the actions or negligence of the parties involved, any violations of traffic laws or safety regulations, witness testimonies, expert opinions, available evidence, and applicable laws. An experienced spinal cord injury lawyer will investigate these factors to establish liability.
In situations where the party at fault has no insurance or insufficient coverage, you may still have options for compensation. If you have your own insurance policy, such as uninsured/underinsured motorist coverage or other applicable policies, you may be able to seek compensation from your own insurance company. Our team can help you navigate these alternatives to ensure appropriate compensation is obtained.
In Ontario, there is a limitation period for filing a spinal cord injury case. Generally, it is two years from the date of the accident or from the date you discovered your injury, referred to as the “discoverability” principle. However, there are exceptions and variations to this limitation period. It is crucial to consult with our team as soon as possible, even if the incident occurred some time ago, to understand the specific deadlines and potential options available to you.
Engaging a lawyer specializing in spinal cord injury cases is crucial due to the intricate nature of these cases. Such a lawyer brings to the table specific expertise, experience, and knowledge necessary for evaluating the merits of the case, ensuring fair compensation, negotiating with insurance companies, and providing the required support and guidance throughout the process.
The duration to resolve a spinal cord injury case varies depending on various factors, such as the complexity of the case, the willingness to settle, and court availability. While some cases can be resolved through negotiation within months, others may require litigation and can take significantly longer to reach a resolution. Consulting with our team can provide you with a more accurate estimation based on the specifics of your case.
1. World Health Organization. 2013. “Spinal Cord Injury.” Who.int. World Health Organization: WHO. November 19, 2013. https://www.who.int/news-room/fact-sheets/detail/spinal-cord-injury.
2. King, Jeffrey A., Michael A. McCrea, and Lindsay D. Nelson. 2020. “Frequency of Primary Neck Pain in Mild Traumatic Brain Injury/Concussion Patients.” Archives of Physical Medicine and Rehabilitation 101 (1): 89–94. https://doi.org/10.1016/j.apmr.2019.08.471.
If you have injured your back or neck, contact us at 866-384-5886 or fill out our online form. We represent clients throughout Eastern Ontario and can meet you at our offices in Kingston, Ottawa, Whitby, Carleton Place, Perth, at your home or hospital, or wherever is most convenient for you.
A Proud Community Partner of Spinal Cord Injury Ontario
Recovering from, or adapting to, a serious injury can take time. However, given enough time and proper care, many injured people are able to return to a life very much like the one they knew before suffering the injury.
When most people hear that someone has a brain injury, they automatically assume that the person suffered a catastrophic injury because brain injuries can be permanent and forever change the injured person’s life. However, in the context of motor vehicle […]
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