Personal Injury Lawsuit

Head And Spinal Injuries Lawsuit

Head And Spinal Injuries Lawsuit

On October 19th, Jose Ayela, a 50-year-old daily laborer, filed a spinal injury lawsuit in a New York court, seeking unspecified damages for head and spinal injuries he had sustained as a result of brutal assault by the owner and other employees of a paint store in New York.

The multiple spinal disk fractures have left the victim permanently disabled. On October 26th, the mother of a Massachusetts football player filed a brain injury lawsuit against Medford School District, holding it responsible for the brain injury suffered by her son. The North Medford High School player was sent back to play despite suffering a concussion earlier.

According to a study published by the Center for Disease Control and Prevention in 2010, about

50,000 U.S. citizens die and more than a million suffer from permanent disability every year due to

accidental brain and spinal injuries. The state and federal laws allow the victims and their families

to seek compensation through brain and spinal injury lawsuits to cover up their medical cost,

future earning loss, physical and emotional damages, rehabilitation, and other expenditures from

individuals or organizations responsible for causing injuries to them.

Grounds for Filing Brain and Spinal Injuries Lawsuit

A brain or spinal cord injury lawsuit covers almost all types of injuries to the brain and spinal cord

caused by

such injuries sustained due to the following reasons:

• Accidental fall due to wet ground, slippery staircases, unprotected or faulty gym equipment,
• and similar conditions
• Machinery failures in factories leading to disability for both workers and visitors
• Defective products, including helmets and airbags, leading to accidental damage to brain
• and spinal cord
• Construction site accidents or hit by falling derbies
• Automobile collisions, rollovers, and accidents
• Assault or violence
• Playground accidents, sports injuries, trampoline injuries, diving, and others
• Physical assaults, bicycle accidents, and intentional strike on head
• Accidents due to lack of security or precautions, such as fall from roller coaster ride or
• pavilion collapse in stadiums
• Unintentional strike using something or pushed against some object
• Railroad accidents
• Surgical error leading to permanent damage to brain and spinal cord
• Nursing home errors resulting in infants suffering from traumatic brain or spinal cord injuries
• Drug side effects or reactions leading to partial damage of brain tissues

Brain and Spinal Injuries Lawsuit: Coverage of Injuries

Brain and spinal injuries are considered among the most serious health hazards. The gravity of

injuries depends on the parts of the brain affected or the extent of damage to it. Brain injuries leave

victims incapacitated, debilitating, and disabled. As demonstrated by various brain injury lawsuits,

one can claim compensation for suffering from:

Permanent brain injuries: One can seek compensation for paralysis, loss of movement of limbs, loss

of sensation, short-term memory loss, or brain injuries that inflict permanent disability.

Traumatic brain injuries: Brain injury lawsuits can also be filed seeking compensation for all kinds of

closed head injury, including sleep disorder, lack of concentration, concussions, impaired memory,

motor coordination problem, emotionally liability, visual problems, libido disorder, impaired

thinking ability, speech disorder, and neurological and psychological disorders, including depression,

irritation, loss of spontaneity, inability to focus, and behavioral and personality changes, caused by

negligence of someone else.

Open head injuries: Injuries to the skull with the potential to infect or impair brain tissues and

impact normal brain functioning can also be covered under a brain injury lawsuit.

Similarly, the most common spinal cord injuries for which compensation can be sought include:

Spinal cord damage: Paraplegia and quadriplegia are two most cited damages in spinal cord injury

lawsuits. While paraplegia causes paralysis in the lower half of the body, quadriplegia renders one

incapacitated completely.

Partial spinal cord injuries: A victim is empowered under the law to seek compensation through

spinal cord injury lawsuit for damages for any injuries, including one-arm paralysis, cervical spinal

injury, damage to anterior spinal artery resulting in partial loss of sensations, central cord injuries

causing motor coordination problems or loss of bladder control, and puncture of wounds resulting in

loss of pain and sensation in the affected area.

Spinal shock: A sudden accident may cause loss of motor functions and sensation for weeks due to

sudden yet temporary injury to the spinal cord.

Brain and Spinal Injuries Lawsuit Compensation

Brain and spinal injury victims or their family members are entitled to seek compensation from those

responsible for causing the injury. The court grants the following types of financial compensation to

victims or their families based on the merit of the case.

Injury compensation: The victim has the right to receive financial compensation for his

injuries, pain, and suffering. The punitive damage in a spinal injury lawsuit is decided on the

extent of injury and its impact on the life and medical condition of the victim.

Medication cost: The victim is entitled to be paid for all kinds of medical costs. He can file

a brain injury lawsuit demanding compensation for emergency treatment, medical tests,

intensive care, equipment, medicines, and diagnosis. He is also entitled to get financial aid

for future medical treatment.

Loss of earning: Compensation for loss of income and employment caused by the injury

is an important part of all brain and spinal injury lawsuits. Such types of injuries often

leave victims disabled, thus impacting their ability to work and earn. Victims can seek

compensation from those responsible for their injuries.

Rehabilitation: Brain and spinal injuries call for long-term rehabilitation, requiring a lot of

financial support, which individuals or companies responsible for injuries are liable to pay.

Other damages: Brain and spinal injury lawsuits also seek damages to cover physical

suffering, mental anguish, loss of consortium claims by spouses, loss of enjoyment, and

punishment for egregious actions.

Brain and Spinal Injuries Lawsuit: Examples

NFL Brain Injury Lawsuit

On July 20, 2011, 75 former NFL players sued the League for concussions they have suffered during

various sporting events organized by it. The brain injury lawsuit filed in the Los Angeles Superior

Court has claimed that the league was aware of the damaging side effects of concussions, such as

dementia, for years, but did not share it with the players to safeguard its commercial interests.

Almeda County Brain Injury Lawsuit

On August 6, 2011, a Californian court awarded $1,075,000 to a man from Alameda County, who

suffered brain injury and skull fracture after falling from the roof of a shopping center. He was

helping police officials in a burglary investigation. A 29-year-old cyclist from the County got $9

million in a quadriplegia settlement. He fell down and suffered from paralysis after the front wheel

of his cycle stuck in the opened cover of a storm drain.

Virginia Brain Injury Lawsuit

In 2006, a Virginia jury awarded $60 million to a gas station manager, who suffered a mild

brain injury because of a rail accident. This was the largest ever brain or spinal injury lawsuit

compensation in the United States. In July 2007, a woman from Hampton got $7.5 million in awards.

She had short-term memory loss, nightmares, and pain after a tractor-trailer rammed her car in an

accident. In another spinal injury lawsuit, a spa owner received $12 million.

Resort Brain Injury Lawsuit

In 2005, a federal court ordered Kiawah Island Golf & Tennis Resort to pay $1,750,000 to a plaintiff

in a brain injury lawsuit. Christopher Cox, a Havard graduate, suffered from mild brain injury after

the metal frame of the hired bike he was riding snapped from the front fork and break off.

San Francisco Kaiser Clinic Brain Injury Lawsuit

Kaiser Permanente clinic in San Francisco paid $5 million to a mother to settle a brain and spinal

injury lawsuit. The mother has alleged that her newly born baby suffered from neurological injuries

and quadriparesis because of the negligence of the clinic staff during the prenatal care. The

clinic paid more than $5.75 million to the relatives of a brain surgery patient who died following

inadequate attention by doctors.

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