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Wendt Law Firm: Kansas City Personal Injury Lawyers

fighting for

fighting for

the injured

Our law firm represents those who have suffered personal injuries or have lost a loved one due to the negligent actions of another. We specialize in personal injury trial litigation and focus our attention on those we represent.
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Kansas City Spinal Injury Lawyer

The spinal cord is an essential part of someone’s central nervous system that is vital for control and movement of your extremities. An injury to the spinal cord can result in paralysis in one or more limbs. Blunt force trauma or an impact to the spine can happen in a car accident, fall, or act of violence. Spine injuries can also occur due to medical negligence, such as a mishap during surgery. No cure exists for spinal cord injuries. Victims must live with the effects for the rest of their lives. After such a serious injury, consider taking legal action against the party that caused your damages with help from Wendt Law Firm P.C.

Negligence Lawsuits in Kansas City

Personal injury law classifies the majority of spine injuries as catastrophic. This means that the injury resulted in permanent disability, disfigurement, or significant scarring. When someone’s negligence causes a catastrophic injury, the civil court system gives the victim the opportunity to sue for damages. To prove this type of claim and receive compensation, the plaintiff must have four elements:

  1. Duty. The defendant owed the plaintiff a duty of care. The relationship between the two parties will determine these duties, as may specific industry standards. For example, doctors owe specific duties to patients according to medical best practices.
  2. Breach. The defendant breached his or her duty. In other words, the defendant acted in a way that fell below accepted standards of care for the situation. The defendant may have been negligent, careless, reckless, or unlawful.
  3. Causation. The defendant’s breach caused the accident and injuries in question. The plaintiff’s spine injury must have resulted from the defendant’s action or failure to act. It doesn’t have to be the only cause, but it must have at least contributed.
  4. Damage. The plaintiff suffered real damages. This is typically easy to prove in a spine injury since the victim will have medical records proving the injury, and expert witnesses explaining the effects the injury will have on the victim’s life.

Recovery in a spine injury claim may include past and future medical bills, the cost of medical equipment such as wheelchairs, live-in medical care, and house and vehicle modifications to accommodate permanent disability. The victim may also recover non-economic costs such as lost capacity to earn and lost enjoyment of life. A good injury lawyer can help you maximize your compensation for a spine injury.

Other Types of Spine Injury Lawsuits

If a defective product caused the spine injury (e.g. a defective seatbelt), the plaintiff does not need to prove negligence. Strict liability laws place responsibility with the product manufacturer if the plaintiff can show the item had a defect and that the item caused the injury. Spinal cord injury cases may also center on premises liability, or a property owner’s duty to keep a safe premises. The plaintiff will have a different burden of proof for these cases depending on his or her relationship to the landowner. Speak to a lawyer for more information about your specific spine injury claim in Kansas City.