By filing a spinal cord injury lawsuit, you could expect to recover compensation by proving your injuries and financial losses are the result of someone else’s negligence. If you hire an attorney, you should expect your lawyer to investigate your case, determine the value of your recoverable damages, negotiate a settlement on your behalf, and if called for, present your case to a jury.
Spinal cord injuries are among the most devastating injuries you could sustain. Your entire life could change in an instant, leaving you in debilitating pain, spiraling emotional health, and insurmountable medical debt that is crushing you financially.
A personal injury lawyer from our firm will handle your case to pursue the compensation you deserve and hold the liable party accountable for your spinal cord injury.
- You Need to Prove Another Party’s Fault to File a Spinal Cord Injury Lawsuit
- What Is the Value of Your Spinal Cord Injury Lawsuit?
- Is There a Deadline to File a Spinal Cord Injury Lawsuit?
- What You Should Know About Spinal Cord Injuries
- Learn More About What to Expect From a Spinal Cord Injury Lawsuit Today
You Need to Prove Another Party’s Fault to File a Spinal Cord Injury Lawsuit
Filing a lawsuit means you intend to hold the liable party accountable for your damages. Before you submit your case for compensation, you need to prove that another party is the reason for the injuries you suffered and the losses you sustained. You will need to satisfy the following four elements of negligence:
- Duty of care: The liable party had a responsibility to keep you out of harm’s way.
- Breach of duty of care: The at-fault party did not uphold their duty of care, instead acting with negligence.
- Causation: The liable party’s actions were the cause of your accident and the injuries you suffered.
- Damages: You suffered damages as a result of the other party’s actions.
You and your lawyer will need to collect evidence that supports your case. Such evidence often includes:
- Medical records
- Expert witness statements from medical experts, vocational rehabilitation specialists, life care planners, and economists
- Video footage or photos from the accident scene
- Images of your injuries
- A police report or accident report
- Statements from any bystanders who witnessed your accident
How a Lawyer Will Build Your Spinal Injury Lawsuit
A personal injury lawyer with experience and an understanding of spinal cord injuries is beneficial. They will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
The legal process is often time-consuming and complex, but your lawyer will walk you through every step and answer your questions. You are not alone in this fight.
For a free legal consultation, call 516-932-0400
What Is the Value of Your Spinal Cord Injury Lawsuit?
The value of your spinal cord injury lawsuit depends on several factors and varies case by case. Every case is different, so the amount of compensation you are eligible to receive depends on your recoverable damages. You could have the same spinal cord injury as another person but still receive a different settlement.
Your lawyer will investigate your case to determine your recoverable damages. They will calculate your economic losses and assign a value to your non-economic losses to ensure you demand an appropriate settlement.
The types of recoverable damages in spinal cord injury cases often include:
- Medical bills including hospitalization, surgery, prescription medications, transportation, medical devices and equipment, and physical therapy
- Lost income for the time you missed at work
- Reduced earning capacity if you are temporarily or permanently unable to work because of your injuries
- Pain and suffering for the physical discomfort your injuries brought on
- Mental anguish if your injury causes you to suffer from post-traumatic stress disorder (PTSD), anxiety, depression, or any other mental health issues
- Loss of life enjoyment if you are no longer able to maintain your lifestyle or participate in the activities you once did
Is There a Deadline to File a Spinal Cord Injury Lawsuit?
You have a limited amount of time to file a personal injury lawsuit in New York, according to New York Civil Practice Laws & Rules § 214. If you fail to file before the deadline, you will lose your right to recover damages through the legal process.
Getting started on your case as soon as possible has several benefits. Not only are you able to reduce your chances of missing the filing deadline, but you are also allowing your legal team more time to investigate. With enough notice from you, your lawyer is able to:
- Canvass the accident scene
- Speak to witnesses before their memory of the accident fades
- Gather time-sensitive evidence
Our law firm will meet all deadlines in your case, including the statute of limitations, so you don’t lose your right to file a lawsuit.
What You Should Know About Spinal Cord Injuries
A spinal cord injury is any damage to the spinal cord and nerves from the base of your brain to your lower back, or the tissues and bones surrounding it.
Spinal cord injuries arise from a range of different accidents, from car collisions to slip and fall accidents. An injury to your upper spinal cord could cause paralysis of most of the body while an injury to your lower spinal cord is more likely to paralyze your lower body.
Symptoms of a spinal cord injury include:
- Loss of movement
- Breathing problems
- Loss of bladder and bowel control
We strongly urge you to seek medical treatment after an accident. Some symptoms will not present until later, and every second counts. The earlier you receive medical attention, the better the possible outcome.
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Learn More About What to Expect From a Spinal Cord Injury Lawsuit Today
A spinal cord injury could have a lasting impact on your life. It could require you to change your lifestyle and require long-term care at home. Injuries could also put your finances at risk and cause relationships to deteriorate.
Friedman & Simon, L.L.P. has over 30 years of experience fighting for victims and survivors to pursue the compensation they deserve.
To learn more about spinal cord injury lawsuits, or to talk to a personal injury lawyer from our firm about your case, call for a free consultation today.