A spinal cord injury is one of the most devastating types of personal injury a person can suffer. It can leave the victim with severe and often permanent physical, emotional, and financial damage.
Such an injury may occur due to the negligence of another person, whether it is a driver, a property owner, a product manufacturer, or someone else.
If you or someone you love has suffered a spinal cord injury, you may be entitled to compensation through a legal process called a spinal cord injury claim. In this article, we will discuss how the spinal cord injury claims process occurs and how a lawyer can help you get the compensation that you deserve.
What is a Spinal Cord Injury Claim?
A spinal cord injury claim is a legal process that allows a victim to seek compensation for the damages caused by their injury. The compensation can cover a range of costs, including medical expenses (a huge cost in the US), lost income, rehabilitation costs, and other expenses incurred due to the injury.
The claims process typically begins with the victim or their family member filing a personal injury claim with the insurance company of the at-fault party.
This claim outlines the details of the accident and the injuries sustained, along with a demand for compensation.
If the insurance company does not offer a fair settlement, the case may proceed to court, where a judge or jury will determine the amount of compensation that the victim is entitled to receive.
Often, cases don’t go as far as making it to court. The settlement process can involve many weeks, months (even years!) of negotiations, but generally, the two parties come to an agreement about compensation at this stage before the case proceeds to court.
How Does the Claim Process Work?
The spinal cord injury claims process typically involves the following steps:
1. Consultation With a Lawyer
The first step in the spinal cord injury claims process is to consult with a personal injury lawyer. A lawyer who specializes in spinal cord injury claims can provide valuable advice and guidance on how to proceed with your claim.
2. Investigation
Once you have hired a lawyer, they will begin investigating the accident that caused your injury.
This investigation may involve reviewing police reports, interviewing witnesses, and consulting with medical experts to determine the extent of your injuries.
3. Preparation of the Claim
Based on the information gathered during the investigation, your lawyer will prepare a claim to be submitted to the insurance company of the at-fault party. This claim will outline the details of the accident, the injuries sustained, and a demand for compensation.
4. Negotiation
The insurance company may respond to your claim with a settlement offer. Your lawyer will review the offer and negotiate on your behalf to obtain a fair settlement that covers all of your damages.
5. Litigation
If your insurance company does not offer a fair settlement, your case may proceed to court. Your lawyer will represent you in court and present evidence to support your claim for compensation.
If the case is settled out of court or a judgment is issued by the court, you will receive compensation for your damages. This compensation may cover a range of costs, including medical expenses, lost income, rehabilitation costs, and other expenses incurred due to the injury.
What a Lawyer Can Provide
A personal injury lawyer who specializes in spinal cord injury claims can provide valuable assistance throughout the claims process. Here are some ways a lawyer can help:
1. Assessing Your Claim
A lawyer can assess the strength of your claim and determine the potential value of your case. This information can help you decide whether to pursue your claim and what compensation to demand.
An experienced lawyer will have seen cases just like yours dozens and dozens of times in the past. They’ll know exactly what obstacles and challenges you’ll have to face, and what potential mistakes to avoid.
They can help you put an exact number to your case in terms of compensation to aim for – which can be difficult to do if you’ve never been in such a situation before. Personal injury law is complicated, after all!
2. Gathering Evidence
A lawyer can conduct a thorough investigation of the accident that caused your injury and gather evidence to support your claim. This may include reviewing police reports, interviewing witnesses, and consulting with medical experts.
They can then take this evidence and use it to support the compensation total that they helped you to come up with.
Pulling together all of this evidence can be a lot of work, and it can be extremely helpful to have someone on your side who knows what they’re doing.
3. Negotiating a Settlement
As we mentioned before, the insurance company you’re seeking compensation from likely won’t offer you the compensation package you’re looking for right off the bat.
Insurance company lawyers are there to try and let us little money leave the company, and will offer much lower than your original compensation ask.
Your lawyer will be adept at negotiating with these other attorneys, ensuring that you’re not lowballed. You deserve to get the total that you need to get your life back on track.
Understanding the Compensation Process for a Spinal Cord Injury
If you’ve been injured in an accident that was due to the negligence of another, you have a right to compensation under the law. Recovering from a spinal cord injury can be difficult and expensive, so it’s important to fight to get the full compensation total that you deserve.
The above can help you understand how this process works and how an attorney can help.
Need more assistance with your case? Give us a call anytime for assistance.
