Slip-and-fall accidents are among the most common causes of back and neck injuries. What happens in an instant and seems like a simple fall actually involves being thrown off-balance, followed by the overextension of muscles and bones during the fall, and then blunt-force trauma on impact with the ground or floor. One of the worst outcomes of a slip-and-fall accident is a herniated disc that ruptures with enough force to cause paralysis. Contact our Chicago slip and fall attorney today for a free case consultation.
What Is a Herniated Disc?
The spinal column is a row of circular bones that protect the delicate nerves of the spinal cord, which facilitate the brain’s ability to send and receive messages from the body below. Each of these circular vertebral bones that make up the spinal column is separated by a cushioning disc made up of a tough outer membrane and a gel-like inner layer.
These cushioning discs allow flexibility in the spine, which is crucial for movement. A herniated disc is one in which the gel-like contents of the disc extrude through a rupture in the outer membrane. This may occur in two ways:
- Due to natural aging, when the outer membrane of the disc becomes weakened and allows the inner layer to bulge outward or burst through the outer membrane
- As the result of sudden trauma, such as a car accident or slip-and-fall injury
When a herniated disc occurs naturally due to aging, it rarely causes paralysis; however, when the herniation occurs abruptly and forcefully, as sometimes occurs during a slip-and-fall accident, it can cause damage to the spinal cord and paralysis.
How Does a Herniated Disc Cause Paralysis After a Slip-and-Fall?
A slip-and-fall accident happens due to an unsafe floor or ground condition, such as a wet floor, loose carpet, or uneven pavement. When one foot slides out of place during a step, it can cause a sudden fall onto the tailbone. When a fall is particularly hard, and the victim lands on a hard surface, it can cause a sudden rupture and herniation of the disc. This abrupt rupture can cause the bony vertebrae above or below the ruptured disc to fracture, driving shards and splinters of bones into the spinal cord.
When the spinal cord is damaged or sheared, the brain can no longer send or receive messages below the site of the injury, resulting in paralysis. The higher on the spinal cord the injury, the more extensive the paralysis.
Understanding Catastrophic Injury Damages for Paralysis After a Slip-and-Fall
Paralysis affects all aspects of life, making this type of personal injury claim a catastrophic injury case. When the injury occurs on the lumbar spine, the paralysis impacts the lower body and legs. An injury of the cervical spine in the neck causes paralysis of the body below the neck and total reliance on adaptive equipment and full-time care.
The consequences of paralysis are damages in a claim against a negligent property owner under Illinois’ fault-based injury law. A successful claim recovers catastrophic injury compensation such as the following:
- Past and future medical expenses
- Total income loss including reduced future earning ability
- Projected life-plan expenses, including out-of-pocket costs for mobility equipment, adaptive equipment for the home and vehicle, and home assistance
- Compensation for pain, suffering, and emotional trauma, including for depression, anxiety, sleep disturbances, and diminished quality of life
A catastrophic injury claim requires careful handling by an experienced Chicago personal injury attorney with access to medical experts and occupational specialists to project total future damages, and to make a compelling claim for the full compensation available.
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