Paralysis and Car Accidents: A Guide to Your Settlement Rights in North Carolina
Paralysis is the loss of ability to move part of your body and occurs when nerve signals between your body and brain are severed. The data shows that 1 in 50 Americans suffer some form of paralysis and car accidents are a leading cause of paralysis, accounting for almost half of spinal code injuries annually. This post explores car accidents and paralysis to help you navigate your family’s legal rights.
Types of Paralysis from Car Accidents
Quadriplegia/Tetraplegia
Quadriplegia or tetraplegia is the most severe form of paralysis and affects all four of the person’s limbs. Car accidents causing quadriplegia result from high-speed collisions damaging the C1-C7 vertebra.
Paraplegia
Paraplegia usually refers to the paralysis of the lower area of a person’s body. The condition causes loss of function, with victims experiencing paraplegia also experiencing tingling or burning sensations in the legs due to the disruption in nerve function.
Monoplegia
Monoplegia is the paralysis of one limb, with the victim unable to move one arm or a leg on one side of the body. Car accidents are a common cause of monoplegia, which often results from rollover accidents and side-impact accidents.
Diplegia
Diplegia is the loss of control in either both arms or both legs. While paralysis of both arms is rare in a car accident, paralysis of the legs is among the most common serious car accident injuries. Diplegia is often the result of head-on collisions and crashes between larger trucks and cars.
The Most Common Causes of Paralysis in Car Accidents
Spinal cord injuries
The severity of spinal cord injuries and, therefore, the level of paralysis they cause generally depends on the region of the spine injured in the accident. There are three main areas of the spine:
- Cervical spine (neck and upper back)
- Thoracic spine (mid-back – about the same level as your lungs)
- Lumbar spine (lower back)
Spinal cord injuries affect the regions below the site of the injury. That’s why injuries to the cervical spine – the neck and upper back area – cause the most severe paralysis.
Traumatic brain injuries
Traumatic brain injury is a broad term covering all types of car-accident-related brain damage. Brain injuries leading to paralysis often involve damage to the cerebellum – the area of the brain responsible for coordinating movement and muscle control.
Car accident victims may also experience penetrating traumatic brain injuries in which glass, metal, and other materials enter the brain through the skull, severing tissue and causing irreversible damage to the brain-body connection.
Nerve damage
The human body has 31 nerves extending from the spine. These nerves help drive our movement and provide sensory feedback. Accident victims experiencing nerve damage after a car accident often report pain radiating down their bodies. For example, damage to the sciatic nerve can send pain signals down a person’s leg.
Car accident victims with nerve damage may also experience slowed response to stimuli or total numbness in cases of severed nerves.
Considerations in North Carolina Car Accident Paralysis Claims
The Statute of Limitations
North Carolina has a 3-year statute of limitation on personal injury cases such as car accidents. However, there are exceptions and specialist circumstances. These exceptions include:
Injuries to minors
When a child suffers a car accident injury, the statute of limitations doesn’t begin until the child turns 18. A parent or guardian can bring a case forward on their behalf to the North Carolina courts, or they may wish to wait until the child turns 18 to file their own claim.
Incapacitation
If the victim experiences an injury that limits their capacity to decide on their behalf, for example, a traumatic brain injury, the courts may pause the statute of limitations until the individual can advocate for themselves. A qualified car accident attorney can guide families through articulating their case for pausing a claim to the courts.
Contributory Negligence
North Carolina follows the contributory negligence standard for all car accident cases, and so if the victim played any role in causing the accident, they may be unable to recover paralysis-related medical costs through a personal injury claim.
Strategies for overcoming contributory negligence challenges
Utilizing the last clear chance doctrine
The last clear chance doctrine applies a standard through the North Carolina courts that allows car accident victims to overcome contributory negligence if the defendant:
- Failed to use their last clear chance to avoid the accident
- Had the time to prevent the accident by using reasonable care
- Failed to the accident, thereby causing the plaintiff’s injuries
The last clear chance doctrine only applies in limited circumstances and requires victims to rely on advocacy from a courtroom-proven car accident lawyer.
Proving gross negligence
Accident victims may also overcome the contributory negligence standard alongside a car accident attorney by proving the defendant acted with gross negligence.
Gross negligence refers to a lack of care for human life and well-being. For example, intoxicated drivers can be found guilty of gross negligence. In such cases, the courts may rule the plaintiff’s negligent actions overrule the state’s contributory negligence standard.
Lack of Mental Competency
The courts can allow contributory negligence to be overcome in cases involving children and adults with mental health conditions.
The courts may rule these individuals cannot fully understand the impact of their actions and are therefore not responsible for the injuries their actions cause themselves or others.
Calculating Settlement Values in Paralysis Cases
Economic Damages
The data from the Christopher and Dana Reeve Foundation shows annual medical costs associated with care for individuals with paralysis can be up to $184,000 for those with quadriplegia and up to $69,000 for patients with paraplegia.
Current and future medical expenses can total millions of dollars in damages in cases of severe disability. In addition to medical costs, the North Carolina courts consider lost wages and lost earning capacity in calculating settlements. Long-term care costs and rehabilitation expenses increase the potential settlement value in North Carolina care accident paralysis claims.
Non-Economic Damages
A paralysis car accident diagnosis is a lifelong mental health burden, causing the individual daily pain and suffering and leading to severe emotional distress. Personal injury attorneys advocate for those with paralysis and can seek guidance from mental health professionals to build a support network for the years ahead.
The pain, trauma, and ongoing loss of enjoyment in life comprise the non-economic damages the courts include as part of total car accident settlements in paralysis cases.
Resources for Paralysis Support
North Carolina has a strong support community for those experiencing paralysis.
Specialized treatment centers in North Carolina
Support groups
The North Carolina Spinal Cord Injury Association
United Spinal Association North Carolina
Financial Resources
North Carolina Health and Human Services
The North Carolina Independent Living Rehabilitation Program
Results in Catastrophic Injury Cases
Lakota Denton is your local Asheville, North Carolina, car accident lawyer for compensation after car accidents involving catastrophic injuries.
$1.28 Million Settlement for Pedestrian Injury Case
When his client was hit by a truck while crossing the road, Lakota Denton notified the truck driver’s insurance of his client’s catastrophic injury. He requested they pay the entire $30,000 policy. The insurance company refused. After 30 days, a lawsuit was filed against the truck driver, who served a copy of the lawsuit on his insurance company. They again refused to pay.
Lakota Denton used his years of trial experience to bring the lawsuit to court and obtain a judgment against the truck driver for $1 million. We contacted the insurance company with the $1 million judgment and filed an insurance bad faith lawsuit against the insurance company. The insurance firm acknowledged they should have paid the $30,000 and negotiated a settlement for $1,282,000
Put Years of Experience in Car Accident Cases Behind Your Family’s Case
Lakota Denton is a first-class advocate for those experiencing paralysis after accidents on North Carolina roads. He harnesses his experience negotiating with insurance adjusters and articulating legal claims to win fair settlements in cases involving serious lifelong injuries. Call Lakota Denton now at
Free Consultation (828) 677-2539 or book your family’s case review online to speak to one of the leading local Asheville, North Carolina injury lawyers about your case.