Understanding Spinal Cord Injuries
A spinal cord injury as defined by law is damage to the spinal cord that results in a loss of function such as mobility or feeling. Contrary to popular belief, the spinal cord doesn’t have to be severed in order for a loss of functioning to occur. On the other hand, a person can break their back or neck yet not sustain a spinal cord injury if only the bones around the spinal cord are damaged. Spinal cord injuries are very different from back injuries such as ruptured disks or pinched nerves.
The spinal cord is the major bundle of nerves that carries nerve impulses to and from the brain to the rest of the body. The spinal cord is about 18 inches long and extends from the base of the brain to the waist. The nerves that lie within the spinal cord function to carry the messages back and forth from the brain and to the nerves along the other parts of the body. These sensors carry messages about feeling from the skin and organs to the brain and then send messages from the brain to the various body parts to initiate actions such as muscle movement.
In general, the higher in the spinal column the injury occurs, the more dysfunction a person will experience but the effects of spinal cord injuries depend on the type and extent of the injury. Spinal cord injuries can be separated into two types of injury - complete and incomplete. A complete injury means that there is no function below the level of the injury and both sides of the body are equally affected. An incomplete injury means that there is some functioning below the primary level of the injury. The level of injury is very useful in a trail.
Once negligence is established, New York spinal cord injury laws factor in the type and level of injury in determining damages in a spinal cord injury case. These factors along with the circumstances in the case will determine the likely hood of punitive damages being rewarded as well as the amount of income loss to compensate for.
To receive a free initial consultation with an attorney at the law office of Jacob Fuchsberg, please call our firm at 212-869-3500 or email us here. We will be happy to answer any questions that you or your family members might have concerning your New York spinal cord injury case.
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