Tetraplegia is a form of paralysis that affects the arms, legs, and torso. It typically results from damage to the cervical spinal cord and can dramatically change a person’s mobility, independence, ability to work, and need for medical care.
When tetraplegia results from an accident caused by someone else’s negligence in Madison, Wisconsin, the injured person may have the right to pursue compensation. Because these injuries can create lifelong medical and financial needs, determining the full impact of tetraplegia can be an important part of a personal injury claim.
What Is Tetraplegia?
Tetraplegia, also known as quadriplegia, is paralysis affecting all four limbs and the torso. It generally occurs when the spinal cord is damaged in the cervical (neck) region.
The severity of tetraplegia depends on the location and extent of the spinal cord injury. Some people retain partial movement or sensation, while others experience complete paralysis below the site of the injury.
A spinal cord injury may be classified as either complete or incomplete. With a complete injury, there is no sensory or motor function below the affected level. With an incomplete injury, some sensation or movement remains.
The level of injury can also affect breathing, bladder and bowel control, blood pressure, temperature regulation, and other bodily functions.
What Causes Tetraplegia?
Tetraplegia can result from trauma that fractures, compresses, dislocates, or otherwise damages the cervical spinal cord.
Common causes of traumatic spinal cord injuries include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Falls
- Construction accidents
- Sports and recreational accidents
- Acts of violence
Tetraplegia may also develop because of certain diseases or medical conditions. However, when paralysis results from an accident, determining how the injury happened can help establish whether another person or entity may be legally responsible.
What Are the Effects of Tetraplegia?
The effects of tetraplegia vary considerably. The location and severity of the spinal cord damage can determine how much movement, sensation, and independence a person retains.
Potential effects include:
- Partial or complete paralysis of the arms and legs
- Loss of sensation
- Muscle weakness or spasms
- Difficulty breathing
- Loss of bladder or bowel control
- Chronic pain
- Pressure sores
- Increased risk of infections
- Circulatory problems
- Difficulty regulating body temperature
- Sexual dysfunction
Tetraplegia can also affect a person’s emotional well-being and ability to participate in activities they previously enjoyed.
Some individuals require assistance with everyday activities such as eating, bathing, dressing, transportation, and household tasks. Severe injuries may require around-the-clock personal or medical care.
What Medical Treatment May Be Necessary After Tetraplegia?
Treatment depends on the nature and severity of the spinal cord injury. Emergency treatment may focus on stabilizing the spine and preventing additional damage. Surgery may sometimes be necessary to address fractures, compression, or other injuries involving the spine.
Long-term treatment and support may involve:
- Hospitalization
- Surgery
- Physical therapy
- Occupational therapy
- Respiratory therapy
- Prescription medications
- Mobility equipment
- Wheelchairs
- Assistive technology
- In-home nursing or personal care
- Psychological counseling
- Home or vehicle modifications
Some people with tetraplegia require medical care and assistance for the rest of their lives. For this reason, a personal injury claim involving paralysis may need to account for anticipated future needs rather than only expenses that have already occurred.
Who Can Be Liable for an Accident That Causes Tetraplegia?
Liability depends on how the injury occurred. Generally, a person or business may be responsible when its negligent conduct causes an accident and resulting injuries.
Potentially liable parties may include:
- A negligent driver who causes a collision
- A trucking company responsible for an unsafe commercial vehicle or negligent employee
- A property owner responsible for a dangerous condition
- A business responsible for unsafe premises
- A manufacturer responsible for a defective product
- A contractor or other party responsible for dangerous conditions at a construction site
More than one party may share responsibility for an accident. Investigating the circumstances can help identify how the injury occurred and which parties may be legally responsible.
What Compensation Can You Recover for Tetraplegia?
Tetraplegia can create substantial losses that continue long after the initial accident. A personal injury claim may seek compensation for both the immediate and long-term effects of the injury.
Depending on the circumstances, compensation may include:
- Past and future medical expenses
- Rehabilitation expenses
- Prescription medications
- Medical equipment and assistive devices
- Home healthcare and personal assistance
- Home and vehicle modifications
- Lost wages
- Reduced or lost earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
Calculating future losses may require information from physicians, rehabilitation specialists, vocational experts, economists, or life-care planners. These professionals can help assess future treatment needs, anticipated expenses, and the injury’s potential impact on a person’s ability to work and live independently.
What if You Are Partially Responsible for the Accident?
Wisconsin follows a modified comparative negligence system.
Under Wisconsin law, an injured person’s negligence does not prevent recovery as long as it is not greater than the negligence of the person against whom recovery is sought. However, compensation is reduced in proportion to the injured person’s share of negligence.
For example, if an injured person is found 20% responsible for an accident, the compensation awarded may generally be reduced by 20%.
Comparative negligence can become particularly important when multiple parties disagree about how an accident occurred.
How Long Do You Have to File a Tetraplegia Lawsuit in Wisconsin?
Wisconsin generally provides three years to file a lawsuit for personal injuries, including injuries arising from motor vehicle accidents.
However, the applicable deadline can vary depending on the facts and parties involved. Missing the statute of limitations can prevent an injured person from pursuing compensation through a lawsuit.
Taking action promptly can also help preserve evidence such as accident photographs, surveillance footage, vehicle data, medical documentation, and witness testimony.
Tetraplegia can affect nearly every aspect of a person’s life, from mobility and employment to medical care and independence. When someone else’s negligence causes a spinal cord injury, pursuing compensation can help address both current losses and anticipated lifelong needs.
The attorneys at Eisenberg Personal Injury Lawyers have 140 years of combined legal experience and have recovered more than $100 million for injured clients. If you or a loved one developed tetraplegia because of someone else’s negligence in Madison, Wisconsin, contact us today at (608) 256-8356 to schedule a free consultation with a Madison personal injury attorney.