Weld County Spinal Cord Injury Lawyer
Spinal cord injuries are one of the more serious injuries a person could suffer. Not only could a person face extensive medical bills, but their quality of life could also be dramatically reduced. Victims of this type of injury should try to obtain compensation if their injury was a result of another’s person’s negligence.
If you possess symptoms of a spinal cord injury caused by an accident, you may benefit from consulting a compassionate injury attorney. Between dealing with the insurance companies and figuring out your legal rights, taking your case on alone could be very stressful. With the counsel of a seasoned Weld County spinal cord injury lawyer, you could be on your way to pursuing your recovery, without having to deal with the stress by yourself.
Severity of a Spinal Cord Injury
It is helpful for spinal cord injury victims in Weld County to be aware that the location of the injury to the spinal cord could affect the severity and type of injury that results. For example, tetraplegia, also known as quadriplegia, occurs from an injury to the cervical vertebrae in the neck region, causing muscle loss in all four limbs. Whereas paraplegia results from an injury to the thoracic or lumbar part of the spine, causing paralysis of the lower half of the body.
Proving Negligence in a Spinal Cord Injury Case
Car accidents, falls, and gunshots are the top three causes that lead to spinal cord injuries. In some cases, auto accidents and falls are caused by negligence. To succeed based on the theory of negligence, the plaintiff has to prove the four elements of negligence. First, the defendant owed a duty of care to the plaintiff. Second, the defendant breached that duty of care. Third, the defendant’s breach caused the plaintiff’s spinal cord injuries. And fourth, that the plaintiff suffered harm as a result of the defendant’s negligent acts.
Deadline for Filing a Claim
A Weld County spinal cord injury plaintiff must file their personal injury lawsuit within two years from the date of the accident, according to Colorado Revised Statute §13-80-102(1)(a)), unless their claim arises under one of the exceptions. In the case of auto accidents, Colorado allows plaintiffs to file their personal injury claim within three years.
Colorado also allows what is called “tolling,” for cases where the plaintiff is either mentally incompetent or under 18 years old, or where the defendant departs from the state of Colorado and cannot be served with the lawsuit. Under the first exception, the statute of limitations would toll, or stop running, until the period of disability ends for the mentally incompetent or minor plaintiff. Under the second exception, the amount of time the defendant is out of state does not count toward the statute of limitations and is therefore tolled.
Consult a Weld County Spinal Cord Injury Attorney Today
Aside from negotiating with insurance carriers and potentially having to fight for your recovery in court, spinal cord injuries are hard enough to deal with. However, you do not have to deal with it alone. Consult a Weld County spinal cord injury lawyer that could review your case and help you fight for your rights. To learn more about your options, call now for a consultation.