If you’ve suffered a catastrophic injury of the spine, no one needs to tell you that life may never be the same.
Perhaps you can’t work or perform your duties around the house. Maybe you can’t find relief from the pain no matter what position you try—sitting, standing, and lying down all feel equally torturous. Possibly there’s a treatment or surgery that would help, but you can’t afford the out-of-pocket expenses even if insurance covers it in the first place.
Although many accidents are just accidents, sometimes others need to be held accountable for your pain. If you are the victim of brain and spinal damage as a result of another’s negligence, you could be entitled to financial compensation.
It’s time to get help. The truth is, it’s difficult to win personal injury cases on your own.
If you’ve tried to bring a claim yourself, you’ve probably experienced firsthand the discouragement and difficulty of trying to win a suit. Often, people don’t even know where to start.
The amount of paperwork and proof required even to begin the claims process can be staggering. Sometimes it’s unclear whom you should even bring the suit against: A person? An insurance company? A public organization? If these questions have plagued you, it’s time to stop asking them and to get help from Litster Frost.
Call your doctor if you are experiencing:
- Feeling or sensation loss
- Difficulty maintaining body temperature
- Inability to control one’s breathing
- Degeneration of the bone
- Complete or partial paralysis
Do not hesitate to call both your doctor and Litster Frost if you have been involved in an accident. Even if you think the accident may have been your fault, the attorneys can investigate the situation and let you know if the real liability lies with someone’s negligence.
There are many legal options available, and you are entitled to know and understand your rights. There is no need to suffer in silence and absorb your financial loss alone.
8 COMMON CAUSES OF BRAIN & SPINAL DAMAGE
Idaho in general, and Boise in particular, is a relatively safe place to live. However, that does not mean the state is without its dangers. Many small highways wind around the city and get icy in wintertime. In summer, leafy woods may prevent visibility.
Traffic accidents are unfortunately quite common. More than 13,000 people were injured in 2016, according to the Idaho Transportation Department. Many of these injuries occurred to the spinal cord.
Any broken bones, fractures, concussions, or pain resulting from a fall could lead to other complications.
Statistics indicate that gunshot wounds are one of the leading causes of traumatic brain injury and that an estimated 35 percent of all TBI deaths are caused by gunshot wounds. As for spinal injury, a bullet can cause much more trauma to the spine than the typical stab wound, even if the bullet has not penetrated the spinal canal.
Various sports contribute to a high percentage of brain and spinal injuries. In fact, TBI, which may result when the head suddenly hits an object, is the leading cause of death among sports-related injuries. Meanwhile, football, hockey, wrestling, and cheerleading are among the highest-risk sports for catastrophic spinal injury.
Spinal cord injuries may result from slips, falls, vehicle accidents, or being crushed. While some find it easy to get claims covered by their place of employment or additional insurance coverage, others do not. For instance, the United States Department of Labor reports that as of January 2018, only 1,815 of 7,081 total Idaho workers compensation cases resulted in any sort of payment.
Hitting your head in a fall can lead to serious brain swelling. Beware if you see stars or black out; these can be signs of minor to major concussion.
Acts of Violence
According to Mayo Clinic, approximately 12 percent of spinal cord injuries are caused by acts of violence. Victims of domestic violence are especially prone to TBI.
Certain diseases can injure the spinal cord. Some types of arthritis specifically affect the spine and can cause stiffness and pain. The spread of cancer can put pressure on the spinal cord, which causes spinal cord compression. As osteoporosis sets in, bones become brittle and the vertebrae becomes porous; a compression fracture, which is severely painful, could result.
Acts of Violence
* While these are not the only possible causes of brain and spinal injuries, these are very common.
IDENTIFYING NEGLIGENT ACTION CRITERIA
Someone carried the duty or responsibility for your care.
Common negligent workers include:
Caregivers —These people are there to help you, are paid to assist you, and should be reliable
Construction Workers — Specific rules and guidelines apply to roadwork safety
Your caregiver failed to uphold his or her duty to you, resulting in injury to you.
A person’s failure to uphold his or her duty caused you to suffer harm or bodily damage.
Harm was a predictable result of another’s inappropriate action or inaction.
EXAMPLES OF NEGLIGENT ACTIONS
In Construction Zones
PERSONAL INJURY LAWS IN IDAHO
Idaho employs the comparative negligence rule of comparative responsibility law, which means that if both parties played a role in causing the accident, both parties may be responsible for damages.
On the road, this might mean you and the other driver were both behaving irresponsibly. At work, perhaps equipment was malfunctioning (employer’s fault), but you weren’t using it correctly (your fault).
This rule does not mean you don’t have a case, though. It simply means it’s even more important to get legal help and build a strong case to receive as much compensation as possible.
Statute of Limitations
Idaho’s statute of limitations on personal injury is 2 years. If you do not bring your claim against the other party within that time, you lose your chance. That might seem like a long time, but it isn’t. Between recovering from the injury, catching up with life, and gathering documents, the time goes quickly. If you want the best chance of recovering damages, it’s critical you get started now.
If you want to build a strong case, it’s time to start gathering evidence. Police reports, insurance documents, and medical reports are all necessary to paint a full picture of the injury. Your attorneys will need full access to every related document so they can determine whether you have a case and prepare as quickly as possible. It starts with speaking to a lawyer today.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.