MS, or multiple sclerosis, is a disease that affects the brain and central nervous system (spinal cord). When someone has MS, their nervous system is under constant attack by the immune system, which causes disruptions in how the brain communicates with other parts of the body. As a result, patients with MS often end up with permanent disability that reduces or takes away their ability to perform basis tasks.
Multiple sclerosis can develop naturally, though there is no definitive cause for MS and why it develops in some people and not others. But others may be diagnosed with MS after an accident, or discover that their symptoms associated with the disease have gotten worse.
If you were injured by an act of negligence or misconduct, meaning someone else is to blame for the accident, you can file a lawsuit and seek damages for your monetary losses. Alternatively, if the accident is related to your job, you are most likely entitled to workers’ compensation benefits. But is it possible for an accident to cause multiple sclerosis or aggravate pre-existing symptoms of MS? If the answer is yes, can you sue the negligent party for damages associated with the illness?
Keep reading for answers to these and other important questions about multiple sclerosis after a slip and fall or any other accident. If you need further information and guidance about your legal rights, contact our office to schedule a free case review.
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Symptoms of Multiple Sclerosis
Multiple sclerosis is characterized by many symptoms that will vary from one person to another. Symptoms may also change over the course of the disease based on where the affected nerves are located. Symptoms of MS include, but are not limited to:
- Tingling or numbness in one or more limbs
- Loss of coordination
- Inability to walk or an unsteady gait
- Sensations of electric shock when bending the neck forward and other movements in the neck
- Double vision of partial / complete vision loss, often accompanied by pain in the eyes
- Vertigo
- Fatigue
- Slurred speech
- Bladder and bowel problems
- Mood disturbances
- Cognitive problems
What can I Expect if I am Diagnosed with MS?
Those with MS can expect to have relapses throughout their lives, and periods where the symptoms are better or worse. It’s possible that you will feel completely fine for an extended period of time, then experience a relapse that lasts for weeks or months. Other patients will have chronic symptoms that last for years, which forces them to make many adjustments in their daily lives.
As the symptoms get worse, patients typically experience problems with walking and moving their limbs, though the rate of progression varies greatly among those with multiple sclerosis. Those who experience a gradual onset of MS without any relapses / remissions have what is known as primary-progressive MS. Others who experience relapses and remissions that eventually manifest into a steady progression of symptoms are diagnosed with secondary-progressive MS.
Can I Sue if my MS Got Worse after a Car Accident?
Yes, you can sue if a pre-existing condition got worse after a car accident or any other incident that resulted in bodily harm. Just because you had the disease before the accident does not mean that you cannot file a claim if your symptoms get worse. However, you will need to prove that the accident itself is the reason for the increased level of suffering. Doing so is extremely challenging, so please consult an experienced personal injury lawyer, who can help you build a solid case for the worsening or reoccurrence of MS after an accident.
What if I Developed MS after a Workplace Injury?
Workplace accidents can happen anywhere, whether you work in an office or on a construction site. Many of these involve accidents where someone falls down unexpectedly (slip and fall or trip and fall). But you can also be injured by a falling object, hit by a motor vehicle, or suffer another type of accident during the course of your job duties.
The injuries you end up with, like whiplash or a concussion, can aggravate an existing case of multiple sclerosis or cause you to develop the illness months or years down the road. If an illness is associated with a workplace accident, you have the right to seek medical expenses and disability benefits from the state’s workers compensation program.
Even if you have an existing claim, it’s likely that you are receiving temporary disability benefits, meaning you are expected to come back to work at some point. If you are diagnosed with multiple sclerosis that was triggered by the trauma from your accident, you may be on the path to a permanent disability. Thus, adjustments can be made to your benefits, though it may be a struggle to prove your case with the insurance company that’s handling your claim. Help from a workers’ compensation lawyer with experience in MS is the key to a successful resolution.
Average Case Value of a Lawsuit for MS Caused by an Accident
A lawsuit for multiple sclerosis after a car accident or other traumatic incident is likely to settle for over $1,000,000 based on the debilitating nature of the disease and what it takes away from the victim and their loved ones. Whether you developed MS or an existing case of MS got worse after an accident, there’s no doubt you will be dealing with staggering medical bills for the rest of your life. Most patients have to give up their job at some point, so current and future lost wages also factors into a settlement award. Then, there are non-economic damages for the pain and suffering you go through on a physical and emotional level. That’s why settlements ranging from $1,500,000 to $5,000,000 are not uncommon when someone is afflicted with MS due to the trauma of a serious accident.
Our lawyers are happy to offer you a free consultation if you want to know “What is the settlement value of a multiple sclerosis after an accident lawsuit?” Simply contact us today and schedule a free case evaluation.
How Long will My Case Take to Settle?
These are high value cases with complex medical and legal issues, not to mention the lifelong effect this disease will have on someone’s life. Due to these and other considerations, we generally find that accident claims involving multiple sclerosis take between 1 and 2 years before they are settled. A small percentage of these lawsuits do end up in court, and these lawsuits can easily take over 3 years. However, intervention from the court is quite rare, and most workplace and personal injury claims are settled between the involved parties, typically through their attorneys.
Statute of Limitations to File a Lawsuit
If you are filing a personal injury lawsuit for multiple sclerosis after a slip and fall, car crash, etc., you have 2 years to initiate a claim for monetary damages. The statute of limitations begins on the date of the accident except in rare circumstances, which will not apply to most victims. With that in mind, you should contact us right away to learn about the process of suing for an accident that was caused by someone else.
If you were diagnosed with multiple sclerosis due to a work-related injury, you only have 1 year from the incident date to file a workers’ compensation claim. Please note that even before you file a claim, you must report the accident to your employer within 30 days. So, please talk to your supervisor, HR department, etc., right away if you are injured on the job. This way, you can protect your right to compensation no matter what happens in the future.
Hire a Personal Injury Lawyer for $0
Here at Normandie Law Firm, we believe in free representation for anyone who was injured by someone else’s careless or reckless actions. That’s why we have a policy known as the Zero Fee Guarantee, where all legal fees are billed to the individual or entity that injured you. Once we obtain a settlement or verdict on your behalf, our expenses are covered by the defendant. If we don’t bring about a favorable resolution to your case, you don’t have to pay us a single penny in legal fees.
To discuss your rights and legal options with an accident injury lawyer, contact our law firm as soon as possible.
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