What to Expect When Filing a
Spinal Cord Injury Lawsuit?

What to Expect When Filing a Spinal Cord Injury Lawsuit
What to Expect When Filing a Spinal Cord Injury Lawsuit?
August 14th, 2020

Spinal cord injuries can be traumatic and bring the life of the victim to a standstill. In addition to that, piling medical bills, mounting debts, and an array of financial concerns may further deepen the victim’s troubles and his family. However, if you are in a similar situation, you may be able to file a lawsuit and receive the rightful compensation for your losses. In this article, we have collated all the information to help you understand the process and conclude whether you can file for compensation.

What are Spinal Cord Injuries?

Spinal cord injuries result from damages to the nerves or bones that connect the brain to the body. These injuries partially or completely disconnect the brain from the body, causing loss of sensation and motor control.

Consequently, the victim can have paralysis and lose control over a range of bodily functions such as bladder control, body temperature, breathing, and sexual functioning, causing a range of serious and permanent health issues.

Lawsuit for Spinal Cord Injury

Causes of Spinal Cord Injuries

Spinal cord injuries are caused due to traumatic blows to the spine. The most common causes of spinal cord injuries according to the National Spinal Cord Injury Statistical Center are:

  • Car crashes: Car crashes account for 39.3% of spinal cord injuries reported
  • Falls: These account for 31.8% of all the spinal cord injuries reported in the US
  • Violence: Violent acts such as gun violence accounted for 13.5% of the spinal cord injuries
  • Sports: Recreation and sporting activities were a cause of 8% of the spinal cord injuries reported in 2019
  • Surgeries: Medical and surgical complications were the reasons behind 4.3% of the spinal cord injuries cases.

Identifying the Parties Liable for the Spinal Cord Injuries

For the victim to file a lawsuit, there should be someone else whose negligence or intentional act caused the spinal cord injuries. To file a lawsuit and receive the compensation you expect, you should be able to prove that the person or company in question was negligent or intentionally caused the accident that could have otherwise been avoided. For instance, a doctor who failed to provide patient standardized care, which eventually led to them sustaining the spinal cord injury, is liable to pay the victim’s losses.

Based on what caused the spinal cord injury, there are two categories under which you can file a spinal cord injury lawsuit:

Spinal Cord Injuries Caused by Negligence

If you believe the spinal cord injury was caused due to the negligence of a party or organization, you can file a lawsuit against them. Most spinal cord injury and personal injury lawsuits are based on the theory of negligence. For instance, if you believe the spinal injury was caused by a slip and fall that occurred due to broken steps, you can file a lawsuit against the party responsible for maintaining the stairs. However, you need enough proof to prove negligence.

Spinal Cord Injuries Caused by Defective Products

If the spinal cord injury was caused due to the malfunctioning or defect in a product, then the product manufacturer is liable to pay the compensation. For instance, if the non-inflatability of airbags during an accident resulted in the victim suffering from spinal cord injury, then the car manufacturer is liable for paying compensation.

Identifying the Parties That Aggravated the Spinal Cord Injury

Identifying liable parties is not an easy task. Sometimes a person or company may not be directly involved in causing the injury but might have played a role in aggravating your condition. This may occur when a doctor fails to deliver the standardized treatment that leads to the aggravation of the injury. Numerous parties may have played a direct or indirect role in the cause of the injury and can be legally held accountable. However, you should have enough proof to prove your claim in a court of law.

Factors That Can Impact the Filing of a Spinal Cord Injury Lawsuit

Although you may have a strong case and all the evidence required, you may still end up on the losing side. Therefore, you must consult a lawyer and have them evaluate your case. A few factors that can impact the filing of your spinal cord injury lawsuit are:

  • Statute of Limitations: If you fail to file the lawsuit before a deadline defined by the state law, you may never be able to claim your stake for the compensation
  • Legal Precedent: These are a range of cases and hearings that decide whether a case could be filed or not. Typically, these are complex and time-consuming and could result in the lawsuit never being filed.
  • Evidence: For the case to be filed, you should have strong evidence that the injuries were a consequence of negligence by the other party and did not exist before the incident.

Getting the Right Help Matters

Filing spinal cord injury lawsuits can be a steep hill climb. The procedure is more complex than filing a general lawsuit and involves complicated medical and legal issues. Having assistance from a lawyer who has expertise in spinal cord injury litigation will help you in following the proper procedures and claiming the right stake for your losses. You can find the right lawyer for your case from The Legal Helper’s network of national lawyers, who will then evaluate your lawsuit and direct the case.

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