How to File a Spinal Cord Injury Claim: A Comprehensive Guide
A spinal cord injury (SCI) can be a life-altering event, leading to significant medical expenses, lost income, and long-term care needs. According to DeMayo Law Offices, the average settlement for a spinal injury is around $700,000, though individual cases vary widely. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, you may be entitled to file a claim and seek compensation. This guide provides a step-by-step approach to filing a spinal cord injury claim, ensuring you understand the process and protect your rights.
Understanding Spinal Cord Injuries
The spinal cord is a critical part of the nervous system, carrying electrical impulses between the brain and the rest of the body. Injuries to the spinal cord can disrupt this communication, leading to a range of physical and neurological impairments. These injuries can result from various incidents, including car accidents, falls, medical malpractice, and workplace accidents.
Step 1: Seek Immediate Medical Attention
The first and most crucial step after a spinal cord injury is to seek immediate medical attention. Serious injuries are not always immediately apparent, and complications can worsen the outcome. A doctor can document your injury, linking it to the accident. Medical records show your prognosis and the treatment you’ve received or require. Following up on all treatments, such as physical therapy, is also essential to prevent long-term complications.
Step 2: Report the Accident
After an accident, contact the relevant authorities. For motor vehicle accidents, call 911 as soon as possible. A police officer will complete and file an accident report, which can lead to valuable evidence of negligence. In the case of an accident on someone’s property, notify the property owner or manager. If the injury occurred at work, report the incident to your employer immediately.
Step 3: Gather Evidence
Collecting and preserving evidence is crucial to support your claim. This evidence can include:
- Photographs and videos of the accident scene: Capture the details of the accident scene, including any hazards or conditions that may have contributed to the injury.
- Medical records: Document all medical treatments, diagnoses, and prognoses related to the spinal cord injury.
- Accident reports: Obtain copies of police reports or incident reports filed at the scene of the accident.
- Witness statements: Collect statements from any witnesses who saw the accident occur.
- Dashcam or surveillance camera footage: Secure any available footage that may have captured the accident.
Step 4: Consult with a Spinal Cord Injury Lawyer
Cases involving spinal cord injuries involve complex legal and medical issues, which is why finding attorneys who specialize in this area is important. A spinal cord injury lawyer can provide expert advice, evaluate the strength of your case, and guide you through the legal proceedings. They can help you understand your rights, navigate the legal process, and maximize your compensation.
Step 5: Investigate the Claim
Your attorney will conduct a thorough investigation to gather additional evidence and determine liability. This may involve:
- Reviewing medical records and expert testimony: Medical professionals can establish the full extent of your damages.
- Interviewing witnesses: Gathering additional information about the accident.
- Consulting with accident reconstruction experts: To recreate the accident and determine the cause.
Step 6: Determine Liability
To have a viable personal injury claim, you’ll have to show that the other party acted either negligently or maliciously. Proving negligence is key in spinal cord injury cases. If another party’s actions contributed to the injury, it strengthens your case and your chance of receiving compensation. Common causes of spinal cord injuries include:
- Car Accidents: Negligence, such as drunk driving, distracted driving, or speeding, can lead to spinal cord injuries.
- Medical Malpractice: Surgical errors or negligence during medical treatment can result in spinal cord damage.
- Defective Products: A defective product, such as a faulty vehicle airbag, can cause a spinal injury.
- Workplace Accidents: Accidents in the workplace due to unsafe conditions or negligence can lead to spinal cord injuries.
Step 7: File a Claim
Once you and your attorney have gathered sufficient evidence and determined liability, you can file a claim against the responsible party. This typically involves sending a demand letter outlining the details of the accident, the extent of your injuries, and the compensation you are seeking.
Step 8: Negotiate a Settlement
In many cases, the insurance company of the responsible party will attempt to negotiate a settlement. It is usually not smart to accept the first settlement offer from an insurance company, at least not without first speaking with an attorney. An experienced attorney can evaluate your economic and non-economic damages to come up with a maximum compensation amount. Then, we can negotiate for a fair settlement that will meet your current and future needs.
Step 9: File a Lawsuit
If a fair settlement cannot be reached through negotiation, it may be necessary to file a lawsuit. The lawsuit must be filed within the statute of limitations, which varies by state. In Washington DC, the statute of limitations is three years. Missing this deadline means the court will likely dismiss your case, leaving you without any legal recourse for your medical bills, lost wages, and other losses.
Step 10: Litigation and Trial
If a settlement cannot be reached during the litigation process, the case may proceed to trial. At trial, your attorney will present evidence and arguments to a judge or jury, who will ultimately decide the outcome of the case.
Compensation for Spinal Cord Injuries
Compensation from a claim can cover your past, present, and future medical expenses and other financial impacts resulting from the injury. Spinal cord injury claims cover economic and non-economic damages.
- Economic Damages: These damages cover quantifiable expenses and losses, such as past and future medical bills, lost wages, and reduced earning capacity.
- Non-Economic Damages: These damages compensate for more subjective losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
The Value of a Spinal Cord Injury Claim
The amount you can get for a spinal injury settlement depends on the severity of your injuries, your prognosis, and the circumstances of your accident. The average settlement for a spinal injury is around $700,000, though individual cases vary widely. Factors that most significantly impact spinal cord injury settlement amounts include:
- Severity of the injury: Complete injuries requiring lifetime care typically result in settlements exceeding $1 million.
- Medical expenses and ongoing treatment costs: The cost of a spinal cord injury can easily reach tens of millions of dollars over a lifetime – especially if around-the-clock care is needed.
- Loss of earning capacity and diminished quality of life: Spinal cord injuries can also result in life-altering emotional, social, and professional hardships.
The Importance of Legal Representation
Navigating the legal process after a spinal cord injury can be overwhelming. An experienced attorney can guide you from the day you sustain the injury to the moment you receive the payout. They can help you avoid legal mistakes and focus on your health. If no lawyer will take your case, even on a contingency case, this strongly suggests that you might not have a viable claim.
Conclusion
Filing a spinal cord injury claim can be a complex and challenging process. However, by following these steps and seeking the guidance of an experienced attorney, you can protect your rights and pursue the compensation you deserve. If your injury was due to negligence (such as a car accident, medical malpractice, or unsafe property), you deserve justice and may be entitled to compensation.