Questions to Answer Prior to Filing a Spinal Cord Injury Claim
A spinal cord injury (SCI) is one of the most devastating personal injuries that can happen. You may find yourself struggling with life after your injury.
In addition to physical pain and suffering, you may be unable to work, and that loss of income is likely affecting you and your family. Plus, the cost of treatment and therapy for a spinal cord injury can be exorbitantly high. Lost wages, coupled with treatment costs, may leave you struggling to pay for even basic necessities.
Whether caused by a slip or fall, a car accident, or an accident on the job, if your injury is the result of another’s negligence or improper action, it stands to reason they should pay for the damage they have caused. Unfortunately, it can be difficult to receive compensation after spinal cord and other personal injury cases. The spinal cord injury lawyers at Cochran, Kroll & Associates, P.C. can help ensure that you receive the compensation you deserve as quickly as possible.
To determine how best to proceed, it’s essential to ask yourself four key questions about your circumstances.
1. When Did the Injury Occur?
Filing a personal injury claim due to a spinal cord injury is time-sensitive.
If you’ve had an accident, it’s important to consult with a medical professional as soon as possible as signs of a spinal cord injury can be subtle, and symptoms are not immediately noticeable. Additionally, an injury that seemed minor initially can quickly morph into a serious injury without proper care and rest.
In addition, Michigan state law has a three year statute of limitations to file a spinal cord injury lawsuit. The process for filing a claim can be lengthy, requiring the collection of evidence and legal research specific to your circumstances. It’s best to decide whether or not to bring your case to court quickly to allow you and your attorneys adequate time to prepare.
How Were You Injured?
The manner in which you sustained an SCI can also impact the process of filing a personal injury claim.
In Michigan, if your injury occurred in a car accident, you’ll need to file an insurance claim based on the state’s no-fault laws first. If someone else’s negligence contributed to your injury, you may be entitled to additional damages for pain and suffering.
If your injury occurred on the job, you can pursue compensation via your company’s workers’ compensation insurance. It will cover up to ⅔ of your weekly wages, medical bills, and physical therapy costs. But that may not be your only legal recourse. If your spinal cord injury is due to negligence on your employer’s part, you should talk to an experienced attorney about filing a personal injury claim.
You may also be eligible for disability benefits if your injury prevents you from working long-term. However, the requirements for receiving SSDI are stringent, and it could take several months before approval.
What Evidence Do You Have?
In nearly all circumstances, our legal system requires that you provide evidence to support your claim. Without evidence, it can be challenging to receive financial compensation for the injured person.
Specifically, you want to have evidence documenting the extent of your injury, the cause of your injury, damages you’ve incurred as a result, including lost wages and medical bills, and evidence that the person or entity you’re suing was responsible.
Make sure to keep track of all photos, video evidence, bills, witness statements, and any other documentation you’ve collected that can establish any of the above. Medical evidence is particularly useful in court. Any medical professional who has treated you and has direct knowledge of your injury can provide witness statements to establish when the injury occurred, its severity, and any necessary treatment or rehabilitation.
Because it is extremely difficult to pursue a spinal cord injury case without substantial evidence, you should consult with knowledgeable injury lawyers before filing a lawsuit.
Do You Have Good Legal Representation?
When filing a personal injury lawsuit, you will benefit significantly from hiring an attorney with direct spinal cord injury law experience.
The qualified team at Cochran, Kroll & Associates, P.C., has helped countless clients navigate the complexity of spinal cord injury legal issues with our extensive knowledge of Michigan’s personal injury, workplace injury, and auto accident laws.
One of our senior partners, Eileen Kroll, is an attorney as well as a registered nurse. Her combined expertise in medicine and the law can provide a unique understanding and perspective to clients with severe spinal cord injuries.
Call Us Today
You don’t have to confront the circumstances of your SCI alone. Cochran, Kroll & Associates, P.C., is a trusted spinal cord injury law firm with the knowledge and expertise to answer frequently asked questions following an injury.
Call us today at (866) 642-4529 for your free consultation. We’re dedicated to securing the compensation you’re entitled to and will fight for your rights.
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.