Spinal cord injuries (SCIs) can be the result of accidents, medical malpractice, or other careless behavior. People suffering from it usually have physical, psychological, and financial problems.
Thus, proving spinal cord injury claims can give the victims a way out of their hard situation. Once the case is successful, they can obtain the assistance, rehabilitation, and medical care that you require.
This article will discuss what proof to collect and the steps to file a lawsuit.
Common Causes And Different Types of Spinal Cord Injury Claims
The main causes of spinal cord injuries are traumatic strikes to the spine, which include motor vehicle accidents, falls, violent crimes, and recreational sports. Spinal cord damage can also result from medical mistakes made during back and neck surgeries and treatments. In certain cases, medical negligence may result from these injuries that might have been prevented.
Here are common types of spinal cord injuries:
- The majority of personal injury and spinal cord injury claims are founded on negligence, which denotes that the accident’s at-fault party did not take reasonable precautions. It can happen in mishaps like vehicle collisions or trips and falls on a damaged stairwell.
- Suppose a defective device—like malfunctioning airbags or seat belts—has caused your spinal cord injury. In that case, you might be able to file a “product liability” lawsuit against the seller or manufacturer. A lawsuit against the business in charge of creating, producing, and marketing the product may be conducted.
- Spinal cord injury claims can happen in case of intentional action such as assault. Criminal charges against the assailant may arise.
How Much is the Average Settlement for a Spinal Cord Injury?
There is no single answer for every spinal cord injury situation. Potential compensation amounts are influenced by a number of factors, such as lost future earning capacity, medical expenses, future medical expenditures, and house improvements for handicap accessibility. The severity of the injuries and how they affect the person’s life might affect the settlement amount.
General Damages
The total amount of compensation given for general damage awards will be determined by the degree of severity or intensity of the SCI.
- Severe: from $240,000 to $320,000
- Mildly severe: from $160,000 to $240,000
- Moderate: from $30,000 to $160,000
For medical malpractice reasons, non-economic loss awards—also known as pain and suffering damages are around $250,000. The limit on economic damages is $350,000 for each plaintiff, and it is about $5,000,000 if there are many plaintiffs in the case.
Special Damages
Special damages are given for measurable financial losses brought on by injuries, such as medical costs, income loss, and property damage. It’s around $350,000.
Punitive Damages
If a defendant engages in willful misconduct, the court may award punitive damages up to double the amount of compensatory damages for their injuries.
How to Prove Your Spinal Cord Injury Claims
Medical Records and Expert Testimony
The cause of spinal cord injury claims, such as a traumatic accident, can be determined with the use of medical records and treatment notes. Additionally, pre-existing conditions can be ruled out.
Your lawyer may ask to use medical expert testimony to connect the harm to the fault of another party in case it’s impossible to obtain a reasonable level of medical certainty. This medical expert testimony is useful when the accident was not serious enough to result in an injury or if the injury was the result of careless medical attention.
Visual Proof
In an injury claim, images or video taken at the scene of the accident can be very important, particularly if the accountable person is being contested. CCTV footage may prove who caused the damage.
Post-accident images may display significant property damage or obvious injuries. They might be used to refute claims that the incident was less serious since they document a violent, catastrophic event.
Witness Testimony
Witness testimony is one of the keys to ensuring successful spinal cord injury claims. It can support the claim for financial compensation by assisting in the identification of the accident’s severity or its perpetrators.
Besides, family members, friends, and coworkers can testify to the victim’s suffering, mental trauma, physical impairments, and diminished quality of life as a result of sadness, shame, or embarrassment. These witnesses may also be able to attest to the seriousness of the accident and the requirement for compensation.
Steps in a Spinal Cord Injury Lawsuit
Work With a Spinal Cord Injury Attorney
Contact a spinal cord injury attorney Fort Walton Beach when you’re in this trouble. The lawyer will go over the case’s cause, identifying negligence and how it will affect the injured party’s quality of life.
Investigate Your Case
After signing a contract with a Fort Walton beach personal injury lawyer, the investigating period will start. The attorney obtains proof and identifies prospective sources of compensation, such as people, businesses, and insurance plans.
They may take into account your own insurance coverage if you have an uninsured motorist (UM) policy. In a negligence case, the lawyer will examine the insurance coverage of the driver and the owner of the vehicle, the place they worked for, and other parties that could be held accountable.
This procedure guarantees a thorough comprehension of your problem and possible recompense options.
Communicate With Insurance Companies
Your attorney may correspond with the participating insurance companies by sending letters of representation during the course of spinal cord injury claims. This process usually takes between thirty and sixty days to finish, entailing several months of back and forth between your lawyer and other parties.
Make Final Decision
Your lawyer will provide legal assistance and advise you on the best course of action based on their experience. Depending on the specifics of the case, they could recommend a settlement or proceed with a trial. It is ultimately up to you whether to settle out of court or via insurance, and your attorney should represent and work in your best interests.
Conclusion
Having access to the correct resources and information can help victims successfully file spinal cord injury claims. If you’re confused and don’t know what to do in this situation, contact Browning Law Firm. They have a professional team to help you out of this difficult situation by providing both legal and empathic support.
