Your Spinal Cord Injury Partner in Westchester

At Tomkiel & Tomkiel, we understand the emotional and financial strain that a spinal cord injury can cause. Likewise, we know that recovering from such an injury is about far more than just legal paperwork. It's about reclaiming your life and getting the support you need to heal and move forward. 

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To that end, we are committed to fighting relentlessly on your behalf, ensuring you receive the compensation you need. Our commitment to your recovery will consist of the following aspects:

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• Thorough Investigation: We'll diligently gather all the necessary evidence to build a strong case (medical records, accident reports, photos, videos, witness testimonies, etc.).
• Determining Liability: We will meticulously identify all parties responsible for your injury and hold them accountable.
• Calculating Losses: We'll thoroughly assess your financial and emotional damages (medical bills, lost wages, pain and suffering, disability, disfigurement, etc.).
• Aggressive Negotiation: Our skilled negotiators will fight tirelessly to secure a fair settlement from insurance companies.
• Committed Litigation: If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights in front of a jury.

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Contact our seasoned team of Westchester spine injury lawyers today for a free consultation. We're here to help you recover and get back to living your life.

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Causes of Spinal Cord Injuries 

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As mentioned, a spinal injury can change your life in an instant. And these injuries are not limited to just one set of circumstances. There are many ways in which a spinal cord injury can be caused, including the following:

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Car Accidents

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Rear-end and side-impact crashes are frequent causes of spine injuries. The force of a car’s impact can cause anyone inside to experience whiplash, herniated discs, spinal fractures, and even spinal cord damage, potentially leading to paralysis or other severe limitations.

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Motorcycle Accidents

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Motorcycles offer little protection for riders, making them especially vulnerable to spine injuries in an accident. Collisions, as well as being thrown from a bike in a crash, can result in a wide range of spine-related problems for the rider, from whiplash to spinal cord damage.

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Truck Accidents

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The sheer size and weight of most commercial trucks make collisions with them particularly dangerous. The immense impact forces can cause severe trauma to the spine, including spinal cord damage.

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Slip and Fall Accidents

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Outside of vehicular accidents, something as seemingly simple as a wet floor can lead to a spinal injury. Anyone not aware of the hazard can slip on it and fall backward, putting their back at a high risk of severe injury.

Workplace Accidents

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Accidents involving heavy machinery in the workplace, such as forklifts, cranes, and construction equipment, can result in serious spinal injuries. Improper use, malfunctioning equipment, and inadequate safety procedures can lead to falls, crushes, and impacts that damage the spine.

Construction Accidents

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Construction workers, in particular, face a significant risk of spine injuries. Seeing as they often work at elevated heights, scaffolding failures, inadequate safety equipment, and improper fall protection measures can all lead to serious harm.

If you've suffered a spine injury in any of these scenarios due to someone’s negligence, you deserve swift justice and compensation. The team at Tomkiel & Tomkiel has a wealth of experience in helping spine injury victims throughout Westchester. Contact our team today for a free consultation.

Don't Let a Spine Injury Hold You Back

Contact Tomkiel & Tomkiel for a free consultation, and let us fight for your rights.

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Spinal Cord Injury Classifications

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Spinal cord injuries are classified based on the level of the spinal cord they affect, which, in turn, determines the extent of the resulting impairment. 

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The four levels of spinal cord injury are as follows:

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Cervical Spinal Cord Injuries (C1-C7)

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These injuries affect the vertebrae in the neck, often resulting in a loss of sensation and function in the arms, hands, or legs. They may also cause potential breathing and bowel/bladder control issues.

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The results of injuries to specific cervical vertebrae are as follows:

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• C1-C3: Usually require a ventilator for breathing
• C4: Limited shoulder and neck movement
• C5: Hindered shoulder, bicep, and elbow movement
• C6: Restricted wrist movement
• C7: Some hand movement

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In the most severe cases, injuries to the cervical spine can result in quadriplegia (paralysis of all four limbs.

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Thoracic Spinal Cord Injuries (T1-T12)

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These injuries affect the vertebrae in the chest region, often leading to paraplegia (paralysis of the lower body). Victims will experience a loss of sensation and function in the legs and feet, as well as limited bowel/bladder control.

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The effects of thoracic spinal injuries are categorized into three groups based on the vertebrae affected:

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• T1-T4: Limited chest movement and potential breathing difficulty.
• T5-T9: Greater chest movement and less difficulty breathing than T1-T4 injuries.
• T10-T12: Some abdominal muscle control.

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Unlike injuries to the cervical spine, arm function is typically preserved following harm to the thoracic spine.

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Lumbar Spinal Cord Injuries (L1-L5)

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Lumbar spinal cord injuries affect the lower back, resulting in paraplegia with varying degrees of leg and foot function depending on the specific level of injury. 

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Injuries to the L1-L3 vertebrae may allow for some hip and knee movement, while harm to either L4 or L5 will likely result in limited ankle and foot movement. Like with other spinal cord injuries, bowel/bladder control may also be affected.

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Sacral Spinal Cord Injury (S1-S5)

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Lastly, injuries to the lowest part of the spine generally cause a loss of bowel and bladder control, as well as limited sensation in the legs and feet. However, leg and foot function may be partially preserved.

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Common Spinal Cord Injury Symptoms

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The symptoms of a spinal cord injury can vary widely depending on the severity and location of the injury. 

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Immediately following a spinal cord injury, victims may notice these symptoms:

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• Discomfort: Sharp, shooting, or burning pain in the area of the injury.
• Loss of Sensation: A tingling, prickling sensation, or numbness in the area below the site of the injury.
• Spasms: Involuntary muscle contractions in the affected area.
• Loss of Reflexes: Diminished or absent reflexes in the affected limbs.
• Weakness: Difficulty moving or controlling muscles below the site of the injury.
• Paralysis: Complete inability to move or feel below the level of the injury.
• Loss of Bowel and Bladder Control: Difficulty with urination and defecation.
• Loss of Consciousness: Depending on the severity, the injured person may lose consciousness.

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Delayed symptoms that may develop over time include the following:

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• Sexual Dysfunction: Problems with sexual arousal and function.
• Autonomic Dysreflexia: A potentially dangerous condition that causes a sudden increase in blood pressure, primarily in individuals with injuries at or above the T6 level.
• Chronic Pain: Persistent pain at or below the area of injury.
• Spasticity: Tightened and stiffened muscles below the level of the injury.
• Depression and Anxiety: Emotional and psychological challenges related to the injury and its impact on the victim’s life.

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If you or someone you know has sustained a spinal cord injury and is experiencing any combination of these symptoms, it is crucial that you seek immediate medical attention and legal guidance. The team at Tomkiel & Tomkiel is here to help you navigate these challenging times. Contact us for a free consultation.

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Spine Injury Liability in Westchester, NY

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Liability for spine injuries can be established against various parties, such as:

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• Negligent Drivers: Operate their vehicles recklessly or carelessly, leading to accidents.
• Property Owners and Employers: Fail to safely maintain their establishments, potentially causing harm.
• Manufacturers: Produce defective products that, when used, can cause spinal injuries.
• Medical Professionals: May commit medical malpractice, resulting in spinal injuries (among others).
  
  

The above is not an exhaustive list of potentially liable parties. Contact Tomkiel & Tomkiel as soon as you can following your injury. We’ll discuss your case and work to determine who is responsible for your damages.

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Proving Negligence in Spinal Injury Claims 

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Cases involving spinal cord injuries are often complex, involving both medical and legal challenges. The details of your case, including the specific type of injury, the circumstances of the accident, and the actions of the negligent party, are crucial in determining the strength of your claim. 

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Nevertheless, to build a strong claim, it's essential to understand the key elements found below:

Duty of Care

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Every party has a legal duty to act reasonably to ensure your safety. The full extent of that duty varies depending on the situation. Drivers, for instance, need to ensure they operate their vehicles safely, and property owners need to do what they can to maintain safe premises.

Breach of Duty 

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A breach of duty occurs when someone fails to achieve their duty of care, contributing to your injury. Examples include texting while driving or a property manager failing to address a dangerous sidewalk just outside their establishment.

Causation

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There must be a direct link between the negligent party's actions and your injury. In other words, it must be clear that you would not have been harmed had it not been for their careless actions.

Damages

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Lastly, you must demonstrate that you suffered actual harm as a result of the injury, including medical expenses, lost wages, pain and suffering, and more.

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Spine Injury Compensation

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A spine injury can leave you facing significant financial burdens in addition to physical and emotional challenges. At Tomkiel & Tomkiel, our priority is ensuring you receive fair compensation for all your losses, allowing you to focus on your recovery and rebuilding your life.

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Economic Damages

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Our team will fight to secure full compensation for all your medical bills, including hospital stays, doctor's visits, medication, surgeries, physical therapy, long-term care, assistive devices, and any future medical care you may require. We will also aggressively pursue compensation for all wages you have lost due to your injury, including current and future lost wages, lost earning capacity, and potential loss of future income.

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Non-Economic Damages

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We recognize the immense physical and emotional pain a spinal injury can cause. As such, we will advocate for compensation for your suffering, including physical pain, emotional distress, mental anguish, and the impact your injury and disability have had on your overall quality of life.

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Additionally, spinal injuries can sometimes result in disfigurement and scarring, causing emotional distress and impacting your ability to work or participate in daily activities. We will seek compensation for these impacts as well.

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Lastly, your injuries may prevent you from engaging in intimate relationships or family life. In that case, we will seek compensation for the loss of consortium, recognizing the impact your injury has had on your relationships.

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What to Do After a Spine Injury

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Because a spinal injury can bring about such unexpected change, it's important to act quickly to protect yourself. Here's what you should do:

Seek Immediate Medical Attention

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Your health comes first. If you've been involved in an accident or experience pain or loss of function in your spine, go to the nearest emergency room or call 911 immediately. Prompt medical care is vital for your recovery and can prevent further complications.

Document the Accident

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Gathering as much evidence as possible after your accident is crucial. Capture images or record footage of the accident scene, including any visible injuries and potential hazards that may have contributed to your injury. 

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You’ll also want to obtain the contact details (names, phone numbers, and addresses) of anyone who saw what happened. And if the police were involved, make sure to retrieve a copy of their accident report.

Report the Incident

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Notify the responsible party (property owner, employer, driver, etc.) about the accident and your injuries. Keep a record of this communication, including dates, times, and details of the conversation.

Contact Tomkiel & Tomkiel

Your well-being and your legal rights are our main priorities. Reach out to our team of Westchester spine injury lawyers as soon as possible for a free, confidential consultation.

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The New York Statute of Limitations

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In New York State, there's a strict deadline for filing a personal injury lawsuit, known as the statute of limitations. You have a limited time to file your claim, and missing the deadline can prevent you from seeking compensation for your injuries. For spine injury cases in New York, the statute of limitations is generally three years from the date of the injury.

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However, that general rule isn't always straightforward. Several factors can impact this deadline, making it crucial to act promptly to protect your rights, such as:

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• Age: If you were a minor when injured, the deadline may be extended until your 18th birthday or even longer in certain situations.
• Mental Incapacity: If you were unable to understand your legal rights at the time of the injury, the statute of limitations may be paused until your cognitive capacity is restored.
• Delayed Discovery of Injury: If the full extent of your injury is not immediately apparent, the statute of limitations may begin when you first become aware of it.
• Wrongful Death: If your loved one passes from their spinal injury, a lawsuit must be filed within two years of their death.

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The complexities of these legal deadlines make it essential to contact a Westchester personal injury lawyer as soon as possible. We can help ensure your rights are protected and that you don't miss your chance to seek compensation.

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