If you or a family member suffered spinal cord injury due to the negligent or wrongful conduct of another, we can help you recover compensation through a legal claim.
An estimated 17K new spinal cord injuries (SCIs) occur every year, meaning that more than 240K men, women, and children in the U.S. are currently living with a chronic SCI, according to The National Spinal Cord Injury Statistical Center (NSCISC). The most common causes of SCI are auto accidents (38.3%), falls (31.6%), acts of violence (13.8%), followed by sporting accidents (8.2%), and medical or surgical complications (4.6%).
We know that the average health care costs and living expenses that are attributable to SCIs can produce a hefty bill. That’s why attorney Sean Cleary will evaluate the expected costs of your bills and care in the future and claim for a specific amount of compensation to cover them.
The Law Offices of Sean M. Cleary understands how life-altering a spinal cord injury can be. We strive to protect the rights of people suffering from spinal cord injuries and advocate on your behalf, as well as afford you and your loved ones the opportunity to be informed and in control of your claim process.
SCIs occur for many different reasons including the careless or reckless acts of another party. Depending on the severity of the injury, its effects may be mild, moderate, or severe enough to cause death. To avoid further health damage, SCIs should be treated as quickly as possible after they occur. For some sufferers, the effects of an SCI may be temporary, while for others the effects will be lifelong. The most common causes of SCIs in Florida, as presented by NSCISC are:
If another party’s negligence caused your injury or the injury your loved one suffered, you need and deserve compensation for your accident-related expenses. The compensation recovered after making a claim can cover all medical bills and lost wages, as well as future medical care costs and pain and suffering. Depending on the circumstances that lead to your SCI, a claim to recover the compensation you need during this difficult time may be brought against:
Our Miami-based compassionate attorney can help you file a spinal cord injury claim to hold the liable party financially responsible. In our initial free consultation, we can help you understand the role of others in causing your injuries and determine if you are eligible to pursue legal action.
The spine is not built to handle the sudden impact of a car accident. While the spinal cord will act as a shock absorber for the rest of the body, it may suffer from tearing ligaments, pinching nerves, and other damage.
Slip and fall accidents and falls from a height account for a large percentage of SCIs. Statistics show that approximately one-fourth of all such injuries can be referred to as a fall, especially among 65-year-old victims.
These types of accidents can occur on the premises of a negligently maintained propriety or restaurant or even while on the job.
The duty of care of homeowners requires that they warn guests of any known dangers such as slick floors, loose tiles or ceiling parts, aggressive pets, or any other threats that might not be obvious to guests.
People frequently slip and fall in retail stores, sporting and entertainment venues, restaurants, gas stations, and other locations.
Managers and owners of these public venues have an even higher duty of care toward guests because they have invited the public onto their premises for the specific purpose of transacting business.
Acts of violence, including gunshot wounds and knife wounds, account for an important percentage of the SCIs that are suffered each and every year in the U.S.
Some of the most worrisome cases of paralysis are those directly related to medical malpractice. Paralysis from medical malpractice is very much a reality in Florida hospitals following medical procedures and surgery. These are the most common causes of paralysis when medical malpractice is involved:
Medical errors during childbirth. Doctors are forced to act swiftly throughout labor and delivery, but mistakes can happen. Standard medical practices can place the mother and infants in jeopardy if too much force is used during delivery. This can lead to damage to the bundle of nerves known as the brachial plexus, and can permanently damage the newborn’s arm functionality.
Inaccurate diagnosis or failure to treat. When medical professionals fail to diagnose or treat your condition properly or to do so in a timely fashion, the condition may result in permanent spinal cord damage that is past the point of treatment.
Surgical errors during spinal cord or brain procedures. Brain, back, and neck surgeries are usually among the most serious medical procedures a patient will endure. Largely, that’s because of the invasiveness involved and, accordingly, the risk of what could go wrong. The slightest misstep in neurological or orthopedic surgery could lead to paralysis as well as permanent damage to the spine and the brain.
Deprivation of oxygen during a surgical procedure. Hypoxemia or deprivation of oxygen can lead to brain injury causing paralysis if the deprivation occurs for a long period. The deprivation may be a result of the selection of the wrong anesthetic agent, administering an incorrect dosage of anesthesia due to a misreading of the medical record entry error, miscalculation of the patient's size, weight, and mass. Anesthesia malpractice can occur in the operating room or in a physician or dentist's office.
Deep vein thrombosis (DVT) may also be an issue for people suffering from SCI during their acute hospital stay. DVT occurs when a blood clot forms in a deep vein, usually in the lower leg or thigh. DVT can lead to amputation or be life-threatening if the clot breaks loose and finds its way to the lung, causing a pulmonary embolism.
In order to qualify as medical malpractice, paralysis must have been caused by medical negligence on the part of a doctor, nurse, or hospital, or by the use of a defective product. Paralysis malpractice claims generally fall into two categories: injuries caused by negligence and injuries caused by defective products. For a case to count as negligence, paralysis must have been the result of an error on the part of the medical staff that attended to you.
At The Law Offices of Sean M. Cleary, we know that family matters, so we treat our clients like family. We know the scope and complexity of spinal cord injuries and the life-changing expenses and complications that may most likely arise for you and your family. So, we understand that you are usually calling us on one of your worst days.
We believe it is essential to help you appreciate the challenges you and your family face. This appreciation will aid in the process of holding negligent parties legally responsible for the injury and the damages caused as a result. We also want you to know that you are not alone in this challenge and that we make sure our office is always available to you.
Medical costs. A person suffering from a spinal cord injury may be compensated for:
Caregiving costs. Spinal cord injuries not only impact the injured person but also spouses and other loved ones who become their caregivers.
Loss of income for the suffering person. An injury can reduce or eliminate a person's earning capacity, requiring a significant shift in family finances. It has been estimated that only 12% of individuals with SCI return to their pre-injury jobs. Persons suffering from an SCI, injured by the negligence of another, and unable to return to work can recover for:
In-home assistance and renovation costs. When a suffering person can return home following the injury, there’s a genuine chance that his or her lifestyle will undergo some drastic changes. Spinal cord injury claims can often help compensate you for any assistance that you may require at home. This could extend to:
Unexpected medical costs. Lodging, meals, and transportation when the suffering person and his or her family must travel to and from medical care.
Long-term medical costs. People suffering from spinal cord injuries are vulnerable to subsequent medical issues, such as high blood pressure, cholesterol disorders, diabetes, pneumonia, bladder infections, and bedsores. The expenditures associated with these conditions can quickly produce a large bill.
Alternative medical treatments. Many persons suffering from an SCI pursue alternative treatments, such as massage therapy, chiropractic care, and acupuncture.
Compassionate Miami catastrophic personal injury attorney Sean M. Cleary is here to help people suffering from spinal cord injury get the compensation they need for their costly medical care from those responsible so that they can focus on healing, recovering, and getting their feet back on the ground.
Paralysis is a devastating condition that completely changes the way people live their lives. It is defined as a deterioration of voluntary muscle function caused by disease of the brain, nerves, or spinal cord or by spine or brain injury.
Paralysis can mean the loss of use of two or all four of your limbs, one or both sides of your body. It can be permanent or temporary; it can affect the mobility in your fingers, arms, legs, or toes.
Once the spinal cord nerves are injured, they can't regenerate, and lost functions are lost forever. According to the Christopher & Dana Reeve Foundation, the primary causes of paralysis consist of:
In all paralysis injury cases, if someone else’s negligence caused the damage, then you can make a claim for compensation to cover the cost of medical expenses, long-term medical costs, and loss of income.
If you or a loved one has become paralyzed as the result of the negligent or wrongful acts of another in Florida, the dedicated Miami catastrophic injury attorney at The Law Offices of Sean M. Cleary can help. Sean Cleary has a critical understanding of the effects paralysis has on the body and on daily life and his many years of experience guarantee he has the knowledge and resources to pursue just compensation for your losses. You can contact our office for a confidential consultation.
Paraplegia is a type of paralysis that occurs when sensation and movement are absent in the lower half of the body, including the legs, but not the arms.
Paraplegia is the product of damage to the thoracic spinal cord and is, usually, more severe when it's closer to the top vertebrae. The same person could experience symptoms that change from day to day.
Proper treatment can significantly affect the prognosis and progression of this impairment.
Most cases of paraplegia are the result of spine or brain injuries caused by serious accidents such as car crashes or construction site explosions. Anyone who is experiencing paraplegia as a result of an accident that was not their fault may be eligible to receive compensation.
Not only can paraplegia affect a person physically, but it can also be devastating financially:
Each case will be decided on its own merits by pointing out the gravity of the injury as established by a self-reliant medical examination. Due to the permanent nature of paralysis, the amount of compensation can be substantial. This compensation will be paid out by the person or company who was negligently responsible for the accident or their insurance company.
The result of damage to the neck region is typically the most severe SCI, producing varying degrees of paralysis of all limbs and torso. Tetraplegia may produce difficulties with bladder and bowel control, respiration, and other routine functions and may require an electrical implant or a ventilator for the person to breathe. Of all types of paralysis that can be suffered, quadriplegia is often the most challenging to recover from and cope with. An individual may lose partial or complete control over his or her limbs and all other bodily functions below the point of injury. The cost of an injury depends greatly on how severe the accident was and whether or not you are now partially or fully paralyzed.
Recent studies suggest the following stats about the financial burden of quadriplegia:
Without financial compensation, a person may be stuck paying for these costs out of pocket.
When paraplegia or quadriplegia was caused by someone else, they should be the ones taking on this financial burden. If you or someone you know has been injured in an accident, financial compensation may be recovered to pay for medical bills, lost wages, and other expenses.
We will take on insurance companies, negligent drivers, negligent employers, negligent medical professionals, and anyone else who stands between our client and fair compensation.
Attorney Sean M. Cleary has helped many people recover compensation for their spinal cord injuries and can advise you as to what is in your best interest, and what strategies would best help your case. If negligence or malpractice is to blame for the injury you or someone you love has suffered, you more than likely have a substantial case for legal action.
Attorney Sean M. Cleary knows that no matter what the outcome of the injury will be, there is no doubt that you and your family face a highly demanding period. We work on a contingency fee, meaning we only receive the payment after the case is closed. These fees range from 34%-40% and are charged from the total amount.