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IDAHO BRAIN AND SPINAL CORD INJURY LAWYERS

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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

Car Accidents

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.

Slip-and-fall Accidents

Slipping and falling on ice, concrete, or other hard surfaces can result in internal bleeding and brain injuries. Traumatic brain injuries (TBIs) can lead to a lifetime of therapy, recovery, medicine, and rehabilitation.

Gunshot Wounds

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.

Sports Accidents

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.

Workplace Accidents

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.

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.

Some Diseases

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.

* While these are not the only possible causes of brain and spinal injuries, these are very common.

IDENTIFYING NEGLIGENT ACTION CRITERIA

01

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

02

Your caregiver failed to uphold his or her duty to you, resulting in injury to you.

Contributing factors may include physical abuse or intentional or unintentional neglect. Or, a doctor may have failed to perform timely treatment.

03

A person’s failure to uphold his or her duty caused you to suffer harm or bodily damage.

This might occur when a device malfunctions or if a business does not provide a safe environment. In these cases, the manufacturer or business may be held liable. Regardless of the situation, the evidence must show that your injuries did not predate the incident and were caused by the other party.

04

Harm was a predictable result of another’s inappropriate action or inaction.

Reasonable people should be able to expect certain results of their actions. Thus, negligence law dictates that each individual has a duty to act reasonably to try to avoid injuring others.

EXAMPLES OF NEGLIGENT ACTIONS

01

In Construction Zones

Zones should be clearly indicated and appropriate signage must be provided.

02

In Nursing Settings

Potential dangers should be anticipated and marked or removed.

PERSONAL INJURY LAWS IN IDAHO

01

Comparative Negligence

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.

02

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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