What Is Paralysis?
Paralysis happens when you lose movement and sensation in part of your body. It usually results from serious damage to the spinal cord, brain, or nervous system. For some, paralysis means loss of movement in both legs or arms. For others, it may affect only one area, or it may be temporary. In severe cases, victims face complete and permanent loss of control over muscles below the point of injury. Medical science divides paralysis into different forms, and each brings its own level of hardship.
The common thread for every victim is that life changes in an instant. What once felt simple—walking, driving, or enjoying time with loved ones—suddenly requires help, planning, and extraordinary strength.
Common Causes of Paralysis from Accidents
In New York, accidents are the leading cause of paralysis outside of congenital conditions. Common events that cause paralysis include: –
- Car, truck, and motorcycle collisions
- Pedestrian and bicycle crashes with motor vehicles
- Falls from heights on construction sites or unsafe properties
- Workplace incidents involving heavy machinery or unsafe equipment
- Sports and recreation accidents
- Medical malpractice, including surgical errors and misdiagnosis
Any violent impact to the spinal cord or brain can leave a person with paralysis. Some victims experience complete loss of movement right away. Others may see symptoms worsen over a short period as swelling or bleeding increases pressure in the spinal canal.
The Life-Changing Impact of Spinal Cord Injuries
Paralysis is not just a medical condition—it transforms every part of life. The injury can leave victims with lifelong medical needs, dependence on caregivers, and financial strain. Families often need to adjust homes to allow wheelchair access. Employment becomes difficult, and many lose the income once used to support loved ones. Beyond physical changes, victims face emotional trauma. The loss of independence is devastating.
Normal daily activities you once took for granted become major obstacles. Depression, anxiety, and frustration are common as victims adjust to their new realities. These effects highlight the need for strong advocates who understand both the medical and financial requirements of paralysis cases.
Why You Need an Experienced NYC Paralysis Lawyer
The Complexity of Paralysis Injury Claims
Paralysis cases are more complex than typical personal injury claims. The injuries are catastrophic, the damages are extensive, and the costs stretch far into the future. A single case involves doctors, life-care planners, economists, and vocational experts. The insurance companies know the stakes are high, and they fight aggressively to limit payouts. Victims need a lawyer who pushes back with equal force and who brings the resources necessary to build the strongest claim possible.
Establishing Liability in New York Personal Injury Cases
New York law requires victims to prove fault to secure compensation outside of no-fault benefits. This means showing that someone else acted with negligence or recklessness and that their actions caused the injury. In motor vehicle crashes, this often involves proving violations of traffic laws. In construction and workplace accidents, it may involve unsafe jobsite conditions or violations of New York Labor Law sections 200, 240, and 241(6). These laws give powerful rights to injured workers, especially those who suffer falls or injuries from equipment failures.
Liability in paralysis cases is rarely simple. More than one party may share responsibility. A trucking company may be liable along with a careless driver. A hospital may face liability for failing to diagnose a spinal fracture. New York follows a rule of pure comparative negligence, meaning a victim can recover damages even if they share some fault, though recovery is reduced by the percentage of fault.
Maximizing Compensation for Current and Future Needs
A paralysis injury impacts a lifetime, not just a single hospital bill. Victims need compensation for years of care, ongoing rehabilitation, and assistive technology. A lawyer’s role is to secure recovery that matches both immediate and long-term needs. That means pursuing damages for lost earning potential, pain and suffering, mental anguish, and the cost of modifying homes and vehicles. Insurance companies tend to minimize future damages. They focus on short-term bills and ignore decades of costs that follow. Without strong advocacy, victims risk settling for far less than they need.
Types of Paralysis Cases We Handle
Quadriplegia and Tetraplegia
Quadriplegia, also called tetraplegia, involves paralysis in both arms and legs. It usually results from a high spinal cord injury. Victims often need assistance with breathing, eating, dressing, and mobility. The cost of care over a lifetime can reach millions of dollars.
Paraplegia
Paraplegia affects the lower half of the body, often from spinal cord injuries in the thoracic or lumbar region. Victims lose movement and sensation in their legs, hips, and related functions. Many require wheelchairs for mobility and long-term rehabilitation to maintain upper-body strength.
Partial or Temporary Paralysis
Not all paralysis is permanent. Some victims experience temporary paralysis caused by swelling or bruising around the spinal cord. Still, even temporary conditions involve significant medical care and lost income. In some cases, partial paralysis remains permanent, affecting certain muscles or body systems.
Paralysis Caused by Medical Negligence or Malpractice
Medical negligence can leave patients with devastating spinal cord injuries. Common examples include surgical errors near the spinal column, anesthesia complications, failure to diagnose spinal infections, or delayed treatment of a herniated disc. These cases require thorough investigation and strong support from medical experts.
Your Legal Rights After a Paralysis Injury in New York
No-Fault Insurance vs. Personal Injury Lawsuits
New York’s no-fault insurance system applies to motor vehicle accidents. It covers up to $50,000 in medical expenses and lost earnings regardless of fault. However, paralysis is classified as a “serious injury” under New York Insurance Law §5102(d). This allows victims to step outside the no-fault system and file a personal injury lawsuit for full compensation.
The Statute of Limitations in New York Paralysis Cases
New York’s statute of limitations sets strict deadlines for filing claims. For most personal injury cases, victims have three years from the date of the accident (CPLR §214). If the injury involves medical malpractice, the deadline is two years and six months from the negligent act or from the end of continuous treatment (CPLR §214-a). For wrongful death cases, surviving family members generally have two years to file (EPTL §5-4.1). If you miss these deadlines, the court will likely dismiss your case. That’s why it is crucial to take legal action quickly.
Proving Negligence in Catastrophic Injury Claims
To win a paralysis case, you must prove negligence. This involves four elements: duty, breach, causation, and damages. In everyday terms, you must show that someone owed a duty of care, they violated that duty, their actions caused your injury, and you suffered damages. Evidence may include crash reports, medical records, witness statements, and expert testimony. In catastrophic cases like paralysis, expert opinions from life care planners and economists are critical to explain the true costs to the jury.
How a New York Personal Injury Lawyer Can Help
Investigating the Accident Thoroughly
A paralysis lawyer in New York gathers every shred of evidence to build the strongest case possible. That means visiting the crash site, securing surveillance footage, collecting medical files, and interviewing witnesses. When liability is disputed, detailed investigation can make the difference between fair compensation and a lowball settlement.
Working with Medical Experts and Life Care Planners
Paralysis claims need expert medical testimony. Doctors explain the nature of the injury and its impact on mobility, independence, and future health risks. Life care planners develop a roadmap of expected costs, including attendant care, therapy, and adaptive equipment. This evidence helps illustrate the lifelong hardship caused by the injury.
Negotiating Aggressively with Insurance Companies
Insurance companies defend their bottom line, not victims. They minimize future damages, dispute causation, and pressure victims into quick settlements. A strong lawyer fights back, rejecting unfair offers and making clear that the case will go to trial unless full compensation is paid.
Taking Your Case to Trial if Necessary
Some cases settle before court, but not all. A paralysis victim cannot afford to settle for less. Taking cases to trial requires aggressive, well-prepared advocacy. It means presenting powerful evidence, cross-examining defense witnesses, and making clear to jurors the lifelong impact of paralysis.
How to Find a NYC Paralysis Lawyer
Experience with High-Value Catastrophic Injury Cases
When injuries are life-altering, the lawyer you choose matters. Paralysis claims often reach into millions of dollars. You need representation from a firm that has handled catastrophic injuries and complex litigation, not just minor accident cases.
Proven Results in New York Personal Injury Law
Hecht, Kleeger & Damashek has recovered over $850 million for clients across New York. These results show the firm’s record of standing up to powerful insurance companies and corporate defendants.
Client-Centered and Compassionate Advocacy
Beyond numbers, clients need compassion. Families suffering from paralysis need advocates who listen, understand their struggles, and fight to secure resources that make life manageable again.
Questions to Ask Before Hiring a Paralysis Lawyer
- How many paralysis or catastrophic injury cases have you handled?
- What resources do you use to calculate long-term damages?
- How often do you take cases to trial?
- What can I expect during the legal process?
- How do you communicate with clients?
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