How a Lawyer Can Help You with Your Spinal Cord Injury Case
Legally Reviewed and Edited by: Terry Cochran
Spinal cord injuries are often catastrophic, usually resulting in partial or total paralysis. Adjusting to life without the use of one or more limbs is not only emotionally challenging but also financially draining. Besides medical bills immediately following your injury, you may have to pay for physical therapy, a wheelchair, and renovations to make your home and vehicle accessible.
If your injury occurred because of a car accident, defective product, or someone else’s negligence, you might be eligible to receive financial compensation. However, because spinal cord injury cases can involve large sums of money, it’s best to work with an experienced spinal cord injury attorney at Cochran, Kroll & Associates, P.C. A lawyer can help ensure you sue the correct parties, meet all your deadlines, and have access to expert witnesses.
Suing The Right Parties
Determining who to sue can be complicated in a spinal cord injury case. You can name more than one negligent party when you file a lawsuit, and a spinal cord injury lawyer can help you determine who was at fault.
Whether the negligent party was a doctor who made a mistake during a routine surgery or a drunk driver on the highway, your lawyer needs to prove negligence. To do so, they must show the following five elements to the court.
Your lawyer will need to prove that the other party had a duty to you. Medical professionals have a duty of care to their patients, and other drivers on the road have a duty to drive safely. With legal advice, you can determine if the person who caused your injury owed you a duty of care.
A Breach of Duty
Once your lawyer has proved that the other party owed you a duty of care, they must show that the party failed to uphold that duty. An example of this breach may be if the driver was drunk or was speeding at the time of the accident.
Cause in Fact
This part of the legal argument can be more challenging to prove. Your lawyer needs to show that because the other party breached their duty, you were injured. In the case of a drunk driver, you could argue that the accident would not have happened if they were not under the influence.
This step is one of the hardest to prove, especially in medical malpractice cases. You must show that the breach of duty specifically caused your accident. Your lawyer may work with expert witnesses and needs all your medical records to prove what exactly caused your accident.
You must show that you have suffered provable damages, whether financial or emotional, from this incident. In a spinal cord injury case, you will probably have extensive economic damages, including medical expenses, lost wages, the cost of long-term home and medical care, and making your house accessible. You can also sue for emotional damages, including pain and suffering or loss of consortium.
A lawyer can ensure that you request as much compensation as possible. Without legal aid, you may receive a lower settlement.
Meet Your Deadlines and File Your Paperwork
Dealing with a spinal cord injury can be overwhelming. You may have pain from other injuries and need to learn how to cope with your new reality. An attorney at our law firm can help ensure you don’t miss the statute of limitations.
Attorneys are also already familiar with the legal process and can help you determine your case’s merits and if you should sue or try to settle out of court.
Our seasoned attorneys can also help you file claims with your insurance company, and if necessary, fight them to ensure you receive the benefits to which you are entitled. Many insurance companies reject claims or take a long time to process them, which can be frustrating. A strongly worded letter from your lawyer or a phone call may speed up the process, meaning you’ll see your benefits faster.
If your injury makes it impossible for you to continue working, the legal team at Cochran, Kroll & Associates, P.C., can also provide guidance on applying for and receiving disability benefits from the government. Since many of these claims are denied initially, it’s best to work with a lawyer who understands your case. Spinal cord injury cases can sometimes take two years or more, so working with a lawyer to receive disability benefits can keep you financially secure in the meantime.
If you were injured while working, workers’ compensation should cover some of your costs. Although you cannot usually sue your workplace for an injury outside of workers’ insurance, speak with a lawyer at our law office to determine if there is a third party responsible for your injury or if your employer deliberately injured you.
Finding Expert Witnesses
Spinal cord injury cases rely on expert witnesses to prove negligence and determine damages. These witnesses can include medical professionals, police who responded to the scene, and experts in disability accommodations. Our experienced spinal cord injury lawyers already have relationships with these witnesses.
Advocate For You Medically
It’s crucial that you have someone advocating for you legally and medically. Cochran, Kroll & Associates, P.C. senior partner Eileen Kroll was a registered nurse before becoming an attorney and can help you seek new treatments and understand your diagnosis.
Spinal cord injuries are complex, and each injury is unique. Having a lawyer you trust who can also help you understand what your injuries mean and how they will affect your future is an enormous benefit.
Arrange a Consultation
If you or a loved one is considering filing a spinal cord injury claim, you’ll want to work with a legal team that has extensive experience and verdict success in spinal cord law and believes in the importance of an excellent attorney-client relationship.
At Cochran, Kroll & Associates, P.C., our lawyers have successfully argued many spinal cord injury cases, ensuring that our clients receive the compensation they need to adjust to their new reality.
We work on a contingency fee basis, meaning that we don’t get paid until you do. Call us today at 866-MICH-LAW to schedule a free consultation and get the compensation you deserve.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.