If you sustain a spinal cord injury due to someone else’s neglect or due to deliberate wrong actions, tort laws entitle you to pursue a claim for damages. You can seek legal benefits through the court or an out-of-court settlement if you accept the payment offered by the at-fault party or their insurer.
What To Do After Sustaining a Spinal Cord Injury
You will first consult an experienced attorney in spinal cord injury claims to discuss the circumstances of your injuries. The attorney will determine the parties involved in the incident, who was liable for the incident, what injuries were sustained due to the incident, the treatment you have received so far, and whether you require future treatment.
By following this process, you will help the lawyer in gathering evidence and advising you on other steps to follow. The attorney will help you gather evidence proving who is liable and the degree of loss, thereby enabling you to maximize your benefits. Your attorney will then, through a letter, demand from the at-fault party your entire claim. This letter details how the accident occurred, the theory of liability, and a proposal to settle the matter.
How To Get Legal Compensation
You can get the compensation you are entitled to by initiating a spinal cord injury lawsuit or solving the case outside the Court. Settling out of Court means that your attorney will negotiate with the at-fault party or the insurance provider to reach a common agreement. However, you should know that if you choose an out-of-court settlement, you should not raise any complaints in the future. On the other hand, a lawsuit entails filing your claim in Court and allowing the judge to decide the amount of your compensation.
In most cases, the settlement sum depends on your attorney’s negotiation skills, the economic and non-economic losses you have incurred, and the evidence to prove it. Out-of-court settlements might be faster and less risky than lawsuits whose outcomes are unpredictable. With this option, you will know how much you will receive as compensation.
Once you receive the settlement amount, you give up any future claims arising from the same incident. Your attorney should ensure the settlement offer corresponds to the proposed compensation amount. Never accept a settlement without valuing your claim comprehensively. The attorney will not just take whatever the at-fault party offers but negotiate aggressively to make sure that you receive the best possible settlement.
Filing A Lawsuit
If you fail to reach an agreement, you should file a lawsuit. Your state sets different time limits for injury claims, and you should file your paperwork within the stipulated time. Ensure you engage the services of a spinal cord injury attorney to help you navigate the legal system. The attorney will help ensure you don’t miss the timelines for making your claim.
Your attorney will also represent you in Court to make you “whole” financially for economic and non-economic losses. The at-fault party or their insurer pays the court-awarded compensation to you if they are found to be responsible for the injuries
Types Of Compensation You Can Claim for A Spinal Cord Injury
Several factors will determine how much you can recover as compensation for a spinal cord injury. The type of compensation falls into two categories: damages for economic losses or damages for non-economic losses. Here are the types of compensation you can claim after a spinal cord injury:
Medical expenses are the most common compensation sought following a spinal cord injury. These costs may include emergency medical care, hospitalization, surgery, rehabilitation, and follow-up care for your injury.
You are entitled to lost wage compensation if you cannot work due to a spinal cord injury. Lost earnings can include the income you would have earned if you had not been injured and any future income you may lose due to your injury. Documenting your income and work history to back up your claim for lost wages is essential.
Pain and Suffering
Spinal cord injuries can result in excruciating physical and emotional pain. Compensation for pain and suffering can be challenging to quantify, but it may be awarded depending on the extent of your injuries and their impact on your life.
Loss of Enjoyment of Life and Death Damages
If your injury prevents you from engaging in activities you previously enjoyed, you are entitled to compensation for loss of enjoyment of life. When someone succumbs up due to deliberate mistakes by another person, the deceased’s family members are entitled to file a wrongful death lawsuit. The compensation for wrongful death includes loss of expected income, emotional distress, funeral expenses, survival claim, and loss of companionship.
Costs, Attorney’s Fees, and Punitive Damages
You may be entitled to compensation for costs associated with your claim and attorney’s fees. These expenses may include court fees, expert witness fees, and other costs associated with your claim. Punitive damages are awarded to punish the wrongdoer and deter future similar behavior, mainly where the offender’s actions were egregious.
How Much Compensation Can You Get for a Spinal Injury?
The amount of compensation you are entitled to for a spinal injury is determined by several factors, including the extent of injury, medical treatment and rehabilitation, the impact on your ability to work and perform daily activities, and the circumstances of the accident that caused the injury. Depending on your case’s circumstances, the compensation you can receive for the injury ranges from tens of thousands to millions of dollars.
In pursuing legal compensation after a spinal cord injury, consult a personal injury attorney knowledgeable in spinal cord injury claims. You will be disadvantaged if the at-fault party hires an attorney and you don’t.
Legal compensation law is quite complex, and it is better to have an attorney handling your claim. The key to maximizing compensation in a spinal cord injury claim is presenting the at-fault party or the Court with irrefutable evidence. Deliberately building your case maximizes your damages even if your claim never proceeds to trial.