spinal cord injury personal injury attorney what you have to prove

by Sydni Watsica 10 min read

To receive compensation for your spinal cord injury cases, your lawyer must be able to prove that the defendant’s negligence directly resulted in your injury. The detailed investigation your spinal cord injury lawyer will do can provide the needed evidence to prove negligence.

Full Answer

What is the best strategy for spinal cord injury?

In many serious spinal cord injury cases, sometimes the best strategic decision is to take a case to trial rather than settling, especially if the defendant or insurance company isn’t playing fair during negotiations. So, you want to have a lawyer who is good at trials.

How long does it take for a spinal cord injury lawyer to respond to a lawsuit?

This period of the lawsuit often runs on a 30-60 day calendar of back-and-forth communications that can take multiple months to complete between your attorney and the other parties.

What should an injury attorney have?

An experienced injury attorney should have positive reviews and testimonials to support their credibility. There are client-attorney privacy laws that prevent attorneys from sharing information about their clients, but many satisfied clients happily provide references.

What happens if you are injured at someone else's business?

If you were injured at someone else's business, that business might be liable for your injuries even if the injuries seem accidental. For example, a box that falls on your head from a warehouse could be the result of negligent packing or faulty equipment, or a fight at a local restaurant could be because the establishment failed to provide adequate security or fosters an abusive and aggressive environment. Businesses often have insurance for patrons and employees who sustain serious injuries. This makes it easier to recover damages.

Why do people settle cases?

They can seek a sealed settlement, and avoid a long and ugly courtroom battle that gets them nothing but bad press. For this reason, the more damaging a case may be to the defendant's reputation, the more compelled they will be to settle.

What happens if you are injured in a car accident?

Even if it seems like no one is liable for your injuries, anything from faulty brakes to negligent operation of a machine could render one or more parties liable.

Why is it important to settle a case?

The primary benefit—to both you and the other party—of settling your case is that settling helps you avoid the uncertainties and costs of going to trial. For this reason, the other party will have a stronger incentive to settle the case if your evidence is strong.

How to have a viable personal injury claim?

To have a viable personal injury claim, in most situations you'll have to show that the other party acted either negligently or maliciously. It’s not uncommon for people to think of personal injury claims as the domain of people looking for a quick pay check after a minor injury. The reality is something altogether different.

How much does a personal injury cost?

A personal injury, especially a traumatic one such as a brain or spinal cord injury, can cost you anywhere from tens of thousands of dollars to millions, and may even cause a permanent reduction in or loss of income. If someone else was at fault for your injury, you shouldn't have to pay for their mistake. Here's how to file a personal injury claim.

What is included in a claim?

The specific value of your claim can include a number of damages, including: Medical bills. Other costs, such as the costs of traveling to and from a specialized rehabilitation facility. Long or short-term care expenses. Lost wages or earning potential. Pain and suffering. Court costs and attorney's fees.

What happens if you don't act negligently?

If you generally get along with people, have a sympathetic story, and did not act negligently, a jury might award you more. If you are aggressive, vindictive, hostile, or contributed to your own injuries in some way, this can drive down the value of your claim.

How long do you have to file a complaint against a defendant?

In most situations, the statute of limitations is two years, which means you must file a complaint within two years from the date of the injury. This seems easy enough, but gathering the information you need to file your complaint, serving the defendant, and choosing the right court in which to file the claim can prove challenging—especially if you're flying solo without an attorney. Don't wait till the last minute.

What does it mean when you fall without injury?

Falling without an injury, or suffering an injury so minor that it warrants no medical care, means you will not have any damages, and therefore no reason to sue. Even if you do have damages and can prevail at trial, though, there's another factor at play: the other party's budget.

Can you win a claim if you are injured?

You cannot win your claim if you cannot prove that you were injured. Seems simple enough, but proving your injuries requires dedicated record-keeping. You'll need your medical records, evidence of any lost wages, and documents proving each and every other claim for damages you make. You must also avoid doing anything that could undermine your claim. For example, if you go water skiing but claim you are unable to work, the other side could use this as evidence that you are not as injured as you say you are.

Common causes of spinal cord injuries

A spinal cord injury happens with a sudden traumatic blow. The moment your spinal cord is hit, it may quickly dislocate or fracture your vertebrae. The damage can be severe when the ligaments, bone fragments, or disc material tear into spinal cord tissues.

Spinal cord injuries types and statistics

According to the National Spinal cord injury statistical center- NSCISC, there are currently above 250,000 citizens in the United States who are living with brain and nervous system injuries related to the spinal cord.

Common spinal cord injury lawsuits

No matter what type of SCI someone has experienced, the injuries can be devastating and entail continuous medical expenses. To recover your emotional and financial losses, you can avail yourself of the option of filing a personal injury lawsuit against at-fault drivers and the liable parties involved in the collision.

Spinal cord injury symptoms and warnings

Similar to our brain, the spinal cord cannot reproduce the cells. This is because it is essential to understand that some of the symptoms can affect your body or brain immediately after the injury while some can take time to appear.

What compensation should be expected?

As said, SCIs are often life-changing and a severe spinal cord injury can be catastrophic which requires permanent and long-term medical care. To cope with the injuries, a good insurance backup and the immense cost are required which can put the financial burden not only on the victims but on the families as well.

What is spinal cord injury attorney?

A spinal cord injury attorney is a legal professional academically trained in the field of law and practicing law in the area of spinal cord injures or related personal injury matters.

Who is responsible for spinal cord injuries?

Outside of the employment relationship, anyone acting in a negligent or reckless manner can be held responsible for the spinal cord injures and thus liable for damages.

What happens if you hit your spinal cord?

Since the spinal cord is such a sensitive and delicate nerve in our body, a serious injury can result in paralysis and loss of mobility in the body.

How much does spinal cord injury cost?

For example, depending on the specific nature of the injury, the estimated lifetime cost of a spinal cord injury can range from $1.6 million to well over $5.5 million.

What happens if the spinal cord is interrupted?

If the spinal cord communication channel is interrupted, the person in question may suffer temporary or permanent loss of movement, altered sensation, strength, and body functions.

Where is the spinal cord located?

The spinal cord is a very delicate and sensitive nerve tissue that runs from the base of your skull down to the center of your back and is surrounded by the vertebrae (or your back bones).

Is it mandatory to hire a spinal cord injury lawyer?

Although hiring a spinal cord injuries attorney is not mandatory if you or a loved one have gotten into an accident causing spinal cord injures, it may be worth, at a minimum, consulting one.

What to do after spinal cord injury?

After a spinal cord injury, you need to focus on your recovery. By turning to a spinal cord injury attorney, you can relieve the pressure on yourself financially and legally to focus on your health.

How long does it take to resolve a spinal cord injury case?

It can take years to resolve a spinal cord injury case, and each case is unique. The complexity of your case and the amount of available evidence all play into the duration of the proceedings.

Can you settle a spinal cord injury lawsuit out of court?

While these cases can go to trial, it is possible to settle out of court if you can present enough evidence to prove that the defendant is guilty. You need an experienced spinal cord injury attorney to negotiate the best settlement for you.

Can spinal cord injury cases be settled out of court?

Unfortunately, not every spinal cord injury case can be settled out of court. If your case progresses to this stage, a spinal cord injury lawyer will represent you and eloquently argue your case in court. They will use their years of experience and past success to tell your story, showing how damaging this injury has been to your quality of life, your finances, and overall well-being.

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What Is A Spinal Cord Injury?

Establishing Negligence

Medical Documentation

Witness Statements

Photographs and Video Evidence

Other Physical Evidence

  • There is a wealth of other physical evidencethat may be crucial to help you prove your spinal cord injury case as well. This evidence may take the form of police reports, damage reports, workplace documentation, and black box data. Receipts, bills, and other documentation may also help bolster your claim. Accident reconstruction data is another for...
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