What Causes a Spinal Cord Injury?
According to the Mayo Clinic, the most common causes of spinal cord injuries in West Virginia and across the United States are motor vehicle accidents (including automobiles and motorcycles), which account for more than 40% of new spinal cord injuries each year. 25% of spinal cord injuries are caused by falls (especially in victims over the age of 65), and another 15% are attributed to acts of violence, most often gun shot cases. The remaining 20% of injuries are the result of sporting and recreation incidents, alcohol use and degenerative diseases such as cancer, arthritis, osteoporosis and spinal cord inflammation.
In most cases, a sudden blow to the spine that fractures or dislocates vertebrae causes a permanent spinal cord injury. Symptoms of this condition can range from extreme pain to complete loss of feeling in the limbs. Further, victims of spinal cord injury may have trouble breathing or maintaining normal bowel function.
There are more than 11,000 new cases of spinal cord injuries each year. That means about 30 people experience this type of traumatic injury every day in America. The most often observed results are paraplegia (loss of sensation below the waist) and quadriplegia (loss of sensation and functionality below the neck/chest).
Spinal cord injuries are not to be taken lightly. Many times, when people have been seriously injured, they are not sure who to call. If you or someone close to you has experienced a spinal cord injury, you must contact a West Virginia personal injury lawyer right away to discuss your case.
The insurance company may pressure you to quickly settle your case, but it's best to get a qualified legal opinion before you do anything. Spinal cord injuries change lives forever and a reliable lawyer can help make your situation more comfortable.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "What Causes a Spinal Cord Injury?" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •While West Virginia workers' compensation provides statutory immunity for ordinary job injuries, exceptions exist under W. Va. Code § 23-4-2 for intentional safety violations ('deliberate intention').
- •Contractors, heavy machinery operators, and industrial employers are bound by strict state and federal (OSHA/MSHA) regulations that can substantiate third-party liability claims.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
When can an injured worker sue beyond basic workers' compensation in West Virginia?
An employee can pursue damages beyond workers' comp if the employer knowingly exposed them to a specific unsafe working condition in violation of industry safety standards, or if a negligent third-party contractor caused the hazard.
What are the reporting deadlines for workplace injuries in West Virginia?
Employees must promptly report injuries to supervisors and file formal claims within six months. Failure to document reporting immediately can compromise workers' compensation benefits.
Related Practice Resources & Analysis
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