If you or your loved one is suffering from a spinal cord injury after a car accident, you may be eligible to take legal action against the negligent driver and seek compensation.
Seeking compensation can be an intricate legal process, and working with an experienced spinal cord injury lawyer can provide unique advantages.
A competent lawyer can help your case in various ways.
The ways a lawyer can help include:
- Case evaluation
- Investigation
- Calculation of damages
- Negotiation and litigation
Case Evaluation
The process begins with an initial consultation with a personal injury attorney specializing in spinal cord injury cases.
During this consultation, the attorney will gather information about the accident, injuries sustained, medical treatments received, and the impact of the injury on the victim’s life.
The attorney will also assess liability by examining factors such as the cause of the accident, the parties’ negligence, and applicable traffic laws or regulations.
They could also start a rough evaluation of the damages you could receive when you win your case.
The attorney will consider factors like medical expenses, lost income, pain and suffering, emotional distress, permanent disability, and future medical needs.
Investigation
After hiring an attorney, they will start investigating your case.
Your attorney will thoroughly investigate and gather evidence to support and strengthen the claim.
This step may include obtaining police reports, witness statements, accident reconstruction reports, medical records, and expert opinions.
In complex cases involving spinal cord injuries, the attorney may consult with medical experts, rehabilitation specialists, vocational experts, and economists to assess the long-term impact of the injury and calculate the full extent of damages.
Calculation of Damages
An attorney could start estimating damages during the initial consultation but they will go in-depth after the investigation.
The attorney will start evaluating your tangible losses, such as past and future medical bills related to emergency care, hospitalization, surgeries, rehabilitation, and assistive devices.
They will also look at potential compensation for lost wages, benefits, and reduced earning capacity due to disability or inability to work.
Aside from economic or tangible losses, attorneys will also weigh your emotional damages.
This compensation includes physical pain, emotional distress, loss of enjoyment of life, and psychological trauma caused by the injury.
Negotiation and Litigation
When your attorney is confident with the estimated damages, they will negotiate with the other party.
The attorney will prepare a demand letter outlining the claim, supported by evidence and documentation of damages.
The demand letter typically includes a settlement demand based on the calculated damages.
During this phase, the attorney will negotiate with the insurance company or at-fault parties to reach a fair settlement.
This process may involve numerous back-and-forth discussions and counteroffers.
If the other party refuses to provide a fair settlement, the attorney may file a lawsuit and initiate litigation.
The legal process involves discovery, depositions, and court hearings leading to a trial.
In the trial, the attorney presents the case before a judge or jury, arguing for compensation based on liability and damages.
The court ultimately determines the outcome of the case and awards damages if liability is proven.