Filing a spinal cord lawsuit in NYC involves several steps, such as gathering medical records and evidence proving the injury and its cause, consulting a personal injury attorney experienced in spinal cord cases to assess the claim’s validity, and calculating damages, including medical expenses, lost wages, and pain and suffering. Your attorney will file the lawsuit, and the legal process may involve negotiations, settlement discussions, or court proceedings to secure compensation. 

For more than 50 years, the NYC spinal cord injury lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have provided superior representation to victims who have sustained catastrophic harm due to the negligence of another party. We work with the industry’s best experts to ensure clients receive the financial recovery they deserve. Explore your options for legal recourse by speaking with a New York City spinal cord injury lawyer. With a powerful, results-driven legal ally in your corner, you can optimize your chances of a successful settlement.  

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Understanding Spinal Cord Injuries 

The spinal cord is a vital part of the central nervous system that runs from the base of the brain down the back. It acts as a communication highway, transmitting signals between the brain and the rest of the body. These signals control motor functions (movement) and sensory functions (touch, pain, temperature).  

The spinal cord also plays a role in reflex actions, which are automatic responses to stimuli. Essentially, it helps coordinate the body’s functions and movements by relaying messages from the brain to muscles and organs and vice versa. 

When it is injured, this communication between the brain and body is disrupted. There are two types of spinal cord injuries–complete and incomplete. In the former, the spinal cord is severed, so there is no sensation or motor function below the injury. The spinal cord is partly damaged in the latter, and some motor or nerve functions may remain.  

If the spinal cord injury victim cannot move their legs or area of the lower trunk, they have paraplegia. If they cannot move anything below the neck, they have quadriplegia, also known as tetraplegic.    

Steps to Take Immediately After a Spinal Cord Injury 

The severity of a spinal cord injury generally means that the accident victim is transported to an emergency room. Because they are usually immobilized, they must rely on friends, family, or eyewitnesses to collect evidence at the accident scene. This involves taking photos or videos of the accident scene, obtaining the name and contact information of any eyewitnesses, and, in the case of motor vehicle accidents, getting the name, address, and insurance and contact details of the drivers of all vehicles. 

Seek legal counsel as soon as possible. Your attorney can collect critical evidence, but the longer you wait to hire a lawyer, the more likely it will disappear. For example, surveillance cameras near an accident may record what happened, but security cameras generally keep footage for only one to three months.  

Because medical treatment and rehabilitation begin immediately after the spinal cord injury, you need an attorney on your side.  

Legal Grounds for Filing a Spinal Cord Injury Lawsuit 

The legal grounds for filing a spinal cord injury lawsuit include the following: 

  1. Negligence: The injury occurred due to someone’s failure to act with reasonable care, such as in a car accident or slip and fall. 
  2. Product Liability: A defective product, like faulty medical equipment, caused the injury. 
  3. Medical Malpractice: The injury resulted from a healthcare provider’s error or substandard care. 
  4. Intentional Torts: The injury was caused by deliberate harm, such as an assault. 

        Whether a trip and fall at a grocery store or a rollover collision were the cause of your injury, our attorneys understand the enormous hardships placed on victims and their families as hospital bills pile up and disabling complications impact quality of life.  

        Choosing the Right Lawyer for Your Spinal Cord Injury Case

        A Life-Altering Injury Deserves a Dedicated Lawyer  

        At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our track record in obtaining substantial verdicts and settlements for clients with spinal cord injuries is second to none. Recent examples include: 

        • $6.5 million settlement for a construction accident in which the plaintiff sustained multiple herniated discs and required the implantation of a spinal cord stimulator, as well as a series of epidural steroid injections.  
        • $4.98 million jury verdict for a motor vehicle accident victim who sustained a tear to the posterior tibial tendon, an ankle injury, and a spinal injury. 
        • $2.1 million jury verdict for the victim of a Brooklyn trip and fall accident caused by a faulty steel plate in a city sidewalk covering a vault. The worker, a private waste hauler, suffered two herniated discs in his lumbar spine, which resulted in major surgery–a two-level disc fusion with the insertion of titanium plates to stabilize his spine. 

        Determining Liability in Spinal Cord Injures 

        To file a spinal cord injury lawsuit, the burden is on the plaintiff and their attorney to prove the defendant was negligent or reckless by establishing the four elements of negligence:  

        1. Duty of Care: The duty of care is a legal obligation requiring individuals or entities to act with a reasonable level of caution and prudence to avoid harming others.  
        2. Breach of Duty: The defendant failed to meet that duty through action or inaction. 
        3. Causation: The defendant’s breach directly caused the plaintiff’s injury or harm. 
        4. Damages: The plaintiff suffered actual harm or losses due to the breach. 

              Damage awards are intended to make you whole for those losses and are the basis for compensation. The stronger these elements, the better your ability to be reasonably and fairly compensated. 

              Common Causes Leading to Legal Action 

              Common causes of spinal cord injuries include: 

              • Vehicle Accidents: Car, motorcycle, and bicycle accidents are the leading cause. 
              • Slip and Falls: Falls can cause severe spinal damage, especially among older adults. 
              • Sports Injuries: Contact sports and diving accidents can lead to spinal trauma. 
              • Violence: Gunshot wounds or physical assaults may cause spinal cord damage. 
              • Medical or Surgical Complications: Some injuries occur due to errors during medical procedures. 
              • Industrial or Workplace Accidents: Particularly in construction or heavy labor settings. 

              The average healthcare costs and living expenses directly attributable to a spinal cord injury depend on the level of impairment. Research shows that people with paraplegia will spend $520,000 on medical bills in their first year alone and $67,000 for each subsequent year. 

              The Legal Process for Filing a Spinal Cord Lawsuit 

              The legal process for filing a spinal cord injury lawsuit in New York City involves several key steps: 

              1. Consulting an Attorney: Start by seeking a lawyer experienced in spinal cord injury cases to evaluate the claim. 
              2. Gathering Evidence: Collect medical records, police accident reports, video surveillance footage, and witness statements. 
              3. Filing the Lawsuit: The attorney will file a complaint outlining the allegations and damages sought. 
              4. Pre-Trial Discovery and Negotiations: Both sides exchange evidence, and settlement discussions may occur. 
              5. Trial or Settlement: If a settlement isn’t reached, the case proceeds to trial for a verdict. 

                      Legal representation ensures proper navigation of complex laws and maximizes potential compensation. 

                      Why Legal Representation is Crucial in a Spinal Cord Lawsuit in New York City 

                      As noted, legal representation is crucial in a spinal cord injury lawsuit in New York City because these cases are complex, involving medical evidence, expert testimony, and the need to prove liability. An experienced attorney helps navigate the legal system, ensuring compliance with New York’s specific procedural rules and statutes of limitations.  

                      They can also accurately assess damages, including long-term medical costs and lost income, and negotiate with insurance companies. Effective legal advocacy increases the chances of securing fair compensation for the victim’s injuries and future needs. 

                      Moreover, insurance companies want to settle claims quickly and cheaply. That is their business model. Once you agree to a settlement, you cannot go back for additional monies if it is insufficient to cover your ongoing medical and other needs. As noted, spinal cord injuries result in extraordinary and long-term medical bills. 

                      Potential Compensation for Spinal Cord Injury Lawsuit 

                      Potential compensation in a spinal cord injury lawsuit can include: 

                      • Medical Expenses: Covers past and future medical costs related to the injury, including surgeries, rehabilitation, and assistive devices. 
                      • Lost Wages and Loss of Earning Capacity: Compensation for income lost due to the injury and future loss of earning potential. 
                      • Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life. 
                      • Home Modifications and Care Costs: Covers expenses for long-term care or home adaptations needed due to the injury. 
                      • Punitive Damages: In cases of egregious misconduct, punitive damages may be awarded to punish the responsible party. 

                      Statute of Limitations for Filing a Spinal Cord Injury Lawsuit in New York 

                      In New York State, the statute of limitations for filing a spinal cord injury lawsuit is generally three years from the accident date. Failing to file a spinal cord injury lawsuit by that deadline could mean your case cannot go forward.  

                      However, if the defendant is a government entity, the statute of limitations is much shorter. A Notice of Claim against the city or agency requires filing within 90 days of the incident. You then have one year and 90 days to file a personal injury lawsuit. For example, if your spinal cord injury occurred because you were hit by a bus operated by the Metropolitan Transportation Authority (MTA), you are subject to filing the Notice of Claim within  90 days.  

                      If a spinal cord injury happens due to medical malpractice, the plaintiff has 30 months (about two and a half years) after the event or after knowing negligence caused the injury.  

                      Justice Starts Here. Speak with a Skilled Spinal Cord Injury Attorney in New York

                      If you or a loved one suffered a spinal cord injury due to another party’s negligence, you need an experienced New York City spinal cord injury lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation. We serve clients in Manhattan, Brooklyn, The Bronx, Queens, and Staten Island, as well as those in Long Island, Westchester County, Rockland County, and the Hudson Valley.