Exploring the Legal Grounds for Filing a Spinal Cord Injury Lawsuit

If you’re experiencing trauma from a spinal cord injury and exploring the legal grounds for filing a spinal injury lawsuit, worry not. Your pain and suffering damages may entitle you to disability compensation along with other damages.

In a spinal cord injury case, the injured person is responsible for proving what caused the injury, including all of the details surrounding the accident. You must ensure that you meet the legal grounds for a lawsuit before filing.

At the Accident Hotline, we offer no-risk, no-commitment, hassle-free consultations. Our caring customer service team is available and ready to take your call 24 hours a day, 7 days a week. Contact us at (844) 343-9609 to get connected to one of our experienced spinal cord injury lawyers.

Spinal Cord Injury and Mobility

Spinal injury occurs from damage to either the spinal cord or the nerves found at the base of the spinal cord. These nerves, also called cauda equina (or “horse’s tail” in Latin), receive electrical impulses from the brain that control movement. When this process is disrupted through a spinal cord injury, the brain can’t receive the appropriate signals, and movement becomes limited.

Because the spinal cord has the critical task of transporting messages from the brain to the body, when it is damaged, the impact on mobility can have life-changing effects. These may include partial or complete loss of body movement, including:

• Paraplegia (paralysis in the lower limbs)
• Quadriplegia (paralysis in the upper and lower limbs)
• Loss of bodily sensations
• Loss of motor skills and control
• Loss of body functions

Common Causes of Spinal Cord Injuries

Incidents like falls, car accidents, medical negligence, medical malpractice, and sports-related injuries can result in spinal cord injuries. Unfortunately, violent crimes like assaults and gunshot wounds can contribute to spinal cord injuries.

These incidents lead to serious medical expenses and pain and suffering damages, and they significantly contribute to limited mobility.

Three Main Types of Spinal Cord Injury Claims

Three main scenarios are common when exploring spinal cord injury claims and lawsuits:

• The first scenario is spinal cord injuries due to deliberate actions on the part of another person, such as a premeditated assault. Under these circumstances, the person who has been injured may be able to file an intentional tort claim, a form of civil case where the injured is required to prove their claims are valid (known as a burden of proof).
• The second scenario occurs when spinal cord injuries result from negligence, which means the person who caused the accident failed to behave responsibly, whether intentionally or unintentionally.
• The third scenario occurs when a spinal cord injury results from the injured person using unsafe, defective, or damaged products.

Exploring the Legal Grounds for Filing a Spinal Injury Lawsuit

Spinal cord injuries can result in costly medical bills, creating a need for immediate medical expense coverage. Your case needs to meet these basic legal grounds:

• The defendant owed you a duty of care.
• The defendant breached their duty of care.
• An accident occurred due to the breach.
• You suffered an injury in the accident.

If you have been injured, the first step may be to file an insurance claim to attempt to reach an agreement with the business or person that caused the accident. If that doesn’t work, you can proceed with litigation by going to court, which results in a personal injury lawsuit.

For these reasons, if you have been injured, you must seek legal advice from lawyers experienced in spinal cord injuries. Often, these lawsuits come with a unique set of complications.

Through the legal process, you will have to deal with the stress from time off work and how to pay household bills, cover medical expenses, and care for yourself and your family members. Retaining a personal injury lawyer with a keen understanding of the legal world will help you achieve a favorable outcome.

Spinal Cord Injury Lawsuit Process

In many instances, liability insurance is insufficient to cover your medical expenses, and you may need to seek compensation through a lawsuit instead. There are several typical steps in a spinal cord injury lawsuit process. Reviewing the steps below will help you understand the process before you speak with a legal professional.

Connect With a Legal Consultant

Because only 10% of attorneys work within personal injury, finding a lawyer who genuinely understands the personal injury world can be challenging. Accident Hotline can help you find an experienced spinal injury lawyer in your area.

Speak With a Lawyer

Once you find the right attorney, you will speak with them in detail about your case. You must explain every aspect of your accident so they can help you maintain your quality of life while your case proceeds and achieve a favorable outcome after your case is settled.

Case Analysis

Your lawyer’s first steps are to begin investigation and discovery. In a spinal cord injury lawsuit, this is typically a lengthy process because your attorney will need to carefully evaluate your case (as the plaintiff) and gather evidence through initial fact-finding before beginning the formal discovery process. During discovery, the attorney will research all liable parties (defendants).

Insurance Company Negotiations

When conducting negotiations with your insurance company, your lawyer will correspond with their agents until both parties reach an agreement. In instances where an agreement cannot be reached, your attorney will proceed with legal action in court.

Trial or Settlement

Your attorney will help you consider every factor vital to a settlement vs. trial decision. The majority of spinal injury lawsuits settle out of court.

Reach Out to Us; We’re Here to Help

In under 30 seconds, Accident Hotline will connect you with an experienced personal injury attorney in your area who can check if you qualify for a personal injury claim. You may be entitled to file a spinal injury lawsuit for accident-related damages. For a free consultation, complete our online form or call us at (844) 343-9609.

If you have been stressed about the cost of legal representation, you can speak with us about your potential injury attorney fee.