Can I File a Compensation Claim for a Spinal Injury After an Accident?
Sustaining spinal cord injuries in an accident can have life-altering consequences. They can change the course of your life and affect your overall well-being, emotions, and finances. If you or your loved one sustained a spinal cord injury in an accident, you must understand the legal nuances surrounding your personal injury case.
Legal experts from a reputable civil litigation law firm in Florida can help you explore the requirements for filing a personal injury compensation claim. They can help you prove the following factors before filing a claim:
- The injury occurred due to the intentional misconduct or negligence of another party, as is the case in car accidents, medical malpractice, or workplace injuries
- The injury caused significant harm that has substantially affected your life, such as loss of earning capacity, physical pain and suffering, and medical expenses
What Are the Most Common Types of Spinal Cord Injuries in Personal Injury Cases?
Spinal cord injuries damage the spine, its components, or the surrounding tissues and nerves. The discs, vertebrae, or nerves of the spinal cord can sustain many types of injuries in traumatic accidents, which determine the kind of impact on the victim. For example, pain and stiffness from a minor injury may take a shorter time to heal than a severe injury that causes paralysis.
Personal injury lawyers in Florida often handle the following types of spinal cord injuries when filing compensation claims for their clients:
- Thoracic spine injuries: The injuries damage the upper part of the back
- Cervical spine injuries: They damage the upper seven vertebrae in the neck and can result in paralysis from the neck down, known as quadriplegia
- Disc injuries: Some accidents result in injuries that damage the spinal discs that rest between the spine's vertebra, leading to slipped, herniated, or ruptured discs
- Incomplete spinal cord injury: The damage may cause health problems, but the victim may still retain some sensation or movement
- Complete spinal cord injury: The damage leads to total movement and sensation loss below the injury point.
- Lumbar or sacral spine injuries: These are injuries to the lower back, which often result in paralysis from the waist down, also known as paraplegia.
Whether or not you can recover fully from a spinal cord injury varies based on how severe the damage is, professional diagnosis, and the mechanics of the injury. Take spinal cord injuries seriously and have them taken care of by a professional in the field. Proper medical care plays a role in enhancing the compensation you can obtain for the damages.
How Much is My Claim Worth?
There is no straightforward answer to the value of the settlement you can get in a personal injury claim involving a spinal injury. Skilled personal injury attorneys in Florida can evaluate your case to calculate the damages and determine how much you can recover based on the case circumstances.
Avoid signing a settlement agreement based on the initial amount offered by the insurance company. Once you do, you lose the legal ability to demand more compensation if you discover your case was worth more than you received. The initial offer is often far less than a claim is worth, and insurance adjusters always try to shortchange claimants.
Allow your Florida personal injury enough time to investigate all the significant factors that can help them arrive at the most favorable compensation amount. These include:
- The extent and permanence of the injury
- Cost of medical bills
- Lost income
- The impact of the injury on your daily activities and the ability to care for yourself
- The extent of your pain and suffering
The process can take a while, but lawyers know how to navigate the system and can ensure you file your claim in time and expedite the process.
What Damages Can I Claim for Spinal Cord Injuries?
A spinal cord injury can be devastating. Depending on the severity, you may be unable to move your legs or the entire body. You may not lose movement in other cases, but it could be severely compromised. Florida law allows spinal injury victims to claim various damages as compensation for injuries they sustain due to another person's negligence:
Economic Damages
Economic damages are settlements for the financial losses incurred due to the injury. They include but are not limited to the following:
- Past, current, and future medical expenses
- Rehabilitation costs
- Expenses incurred for acquiring assistive medical devices
- Lost wages
- Loss of earning capacity
In proving these losses, your Florida personal injury lawyers will collect supportive evidence such as medical bills, doctor's reports, employment records, and expert testimony.
Non-Economic Damages
Non-economic damages cover intangible losses such as:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
Calculating non-economic damages is often challenging, but experienced lawyers from a civil litigation law firm can enlist the help of expert witnesses to establish the effect of the spinal cord injury on your life and well-being.
Filing a compensation claim is one thing, and being paid the compensation you deserve is another. The back and forth between you and the defendant or their insurance company can be tasking. So, work with skilled and aggressive attorneys who can fiercely defend your rights while you focus on healing and recovery.
Pursue Compensation for a Spinal Cord Injury With the Help of a Skilled Personal Injury Attorney
Reaching a fair settlement for a spinal injury claim can be complex, sometimes requiring the case to go to trial. Personal injury lawyers in Florida can help you collect relevant evidence, interview witnesses, and present your case in court to maximize your compensation. Remember to document your recovery journey, including the challenges, limitations, and restrictions you experience.
The Dellutri Law Group is a trusted civil litigation law firm with trusted personal injury attorneys who can help you in your case. Our experience, dedication, and commitment in personal injury cases give us an edge that sets us apart. Call us at 800-391-4337 to schedule a complimentary strategy session.