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Bozeman Spinal Cord Injury Lawyer

Spinal cord injuries can be one of the most fatal accidents to humans. Due to the importance of the spine in coordinating all nervous movement, a fatal slip, pinch, or blow can cause a spinal cord injury leading to long-term permanent damage. A fatal injury can lead to loss of limb movement, cognitive function, memory, speech, and potentially even paralysis or death.

If you or your loved one have been injured by a spinal cord injury due to the negligence of others, the injuries you obtain could lead to long-term financial and physical struggles. Your ability to work can be impaired and medical bills may pile up. An instant moment could lead to your life being forever altered.

Careless offenders need to be held accountable for their actions.  At Beck, Amsden & Stalpes, our Bozeman spinal cord injury attorneys will make sure you get the representation you deserve. We won’t let you settle for anything less than what justice calls for. Our Bozeman personal injury lawyers put you in the best chance for success and will not rest until you feel satisfied. Call our Bozeman spinal cord injury attorneys today for your free consultation.

What is a Spinal Cord Injury?

A spinal cord injury (SCI) is damage to the spinal cord that results in a loss of function mobility, or feeling. Spinal cord injuries can occur due to trauma or disease. Some examples of trauma-induced injuries include car accidents, gunshot wounds, and falls. Examples of spinal cord disease include spina bifida.

The spinal cord does not have to be severed for a loss of function to occur. In fact, in most people with spinal cord injury, the cord is intact, but the damage to it results in loss of function. Ruptured discs or pinched nerves might mask themselves as having similar issues as spinal cord injuries, but unlike these back injuries, spinal cord injuries tend to be more severe and have long-lasting impacts such as paralysis.

Spinal cord injuries can occur for a variety of reasons. Causes include:

Elements of Spinal Cord Injuries

Spinal cord injuries fall under a theory of tort law known as negligence. Tort law is the area of law that determines who is at fault when injuries occur and allocates who will pay for the fallout of these injuries based on who is at fault. A specific area of tort law that covers spinal cord injuries is known as negligence. Under the theory of negligence, a party who acts carelessly and causes the injury of another will be held accountable to pay for the damages of that accident.

To be successful in a spinal cord injury case, the victim must prove certain elements are met. The elements of negligence are:

  • Duty of Care – This is the legal obligation to provide a standard of care that a reasonable person would exhibit in that instance. This determines whether or not the defendant failed to act in a manner that one would expect in that instance.
  • Causation – Did the defendant’s lack of care lead to the spinal cord injury occurring? The burden is on the plaintiff to prove the spinal cord injury accident occurred as a result of the defendant’s negligence. The victim’s legal team must work diligently to demonstrate to the judge and jury that the injury was primarily due to the defendant’s actions.
  • Establishing an Injury Occurred – If the victim successfully establishes that the spinal cord injury occurred as a result of the defendant’s negligence, he or she may be able to recover for any damages that occurred as a result of those injuries. Therefore, establishing the severity of those injuries can maximize the recovery that a victim will be able to get. Evidence such as medical records, expert testimony, and witnesses can prove the extent of the injury and the long-term impact it will have on the victim’s life.

Timing of Your Spinal Cord Injury Claim

Statute of limitations is a legal term that refers to how long an injured party has to file a legal claim. The statute of limitations will vary depending on the state and the cause of action that is alleged. In Montana, the state legislature has determined that any injury resulting in tort law has a statute of limitations of three (3) years. This means that a victim has up to three years from the occurrence of the injury (or discovery of the injury if the injury was not immediate). Legal claims tend to drag on so there can be a legal strategy in determining when the appropriate time is to file. However, waiting too long could potentially bar a claim if the victim fails to file prior to the expiration of the statute of limitations. Contacting legal counsel can help to properly determine how to approach the timing of your claim for the maximum possible recovery.

Contact our Bozeman Spinal Cord Injury Lawyers Today

A spinal cord injury can forever change the course of your life. The physical strain and financial stress could have a huge emotional impact on yourself and your family. When a negligent injury has caused such a severe injury, they must be held accountable for their actions. At Beck, Amsden & Stalpes, our Bozeman spinal cord injury attorneys will not rest until you have gotten the recovery that your case deserves. We will advocate for you throughout the entire process and make sure that you feel secure in every legal decision that you make. Our Bozeman cord spinal cord injury lawyers will make you the priority. Call us today for your free consultation.