Spinal cord injuries can be some of the most devastating injuries that a person can experience. They can lead to paralysis, loss of sensation, and a range of other serious physical and emotional issues. If you or someone close to you has suffered a spinal cord injury due to the negligence of another person or organization, you may be entitled to compensation through a lawsuit or settlement.
Understanding Spinal Cord Injuries
Before we dive into the legal options available, it’s important to understand what a spinal cord injury is and the different types of injuries that can occur. The spinal cord is a big group of nerves that runs from your brain, down your spine, connecting all your nerves back to your brain. It is responsible for transmitting signals or messages to all parts of your body. If your spinal cord is damaged or injured, it can lead to a range of catastrophic injuries and emotional issues, including paralysis, loss of sensation, chronic pain, and more.
Spinal cord injuries are separated into two categories. When there is a total loss of sensation and movement below the point of impact of the injury, this is considered a complete injury. On the other hand, an injury resulting in some degree of sensation and movement below the injury is considered an incomplete injury.
Lawsuits for Victims of Spinal Cord Injuries
One of the legal options available to spinal cord injury victims is to submit a lawsuit against the person or organization responsible for the injury. In order to file a lawsuit, you must prove that the defendant was negligent in some way and that this negligence led to the injury. This can be a complex process, especially if you have been involved in a car accident, which is why it’s important to have an experienced attorney on your side who can help you navigate the legal system.
Gathering Evidence for Your Case
One of the first steps in a spinal cord injury lawsuit is to gather evidence that supports your claim of negligence, so your attorney can file a complaint with the court. The complaint will outline the details of the case and the damages that you are seeking. The defendant will then have the opportunity to respond to the complaint, and the case will proceed to the discovery phase, where both sides will exchange information and evidence related to the case.
After the discovery phase is complete, the case may proceed to mediation or settlement negotiations. If a settlement cannot be reached, the case will go to trial, during which both sides will present their evidence and arguments, and a judge or jury will make a decision on the case.
Settlements for Spinal Cord Injury Victims
Settlements are another legal option available to spinal cord injury victims who have suffered injuries due to the negligence of another person or organization. A settlement is an agreement between the victim and the defendant that resolves the case without the need to go to court, where the victim and their attorney will negotiate with the defendant or their insurance company. If a settlement is reached, the victim will receive a lump sum payment in exchange for dropping the lawsuit.
One of the benefits of a settlement is that it can be a quicker and less expensive option than going to trial. Settlement negotiations can take place early on in the case, which can help to avoid a lengthy and costly legal battle. Settlements can also provide victims with a sense of closure and the ability to move forward with their lives.
Factors that Impact Settlements and Lawsuits
There are several factors that can impact the amount of compensation that a spinal cord injury victim may receive through a settlement or lawsuit. These factors include how bad the injury is, the extent of the victim’s medical expenses, the victim’s age and life expectancy, and the degree of the defendant’s negligence, such as if you were speeding on your motorcycle. Additionally, in some cases, the victim may be entitled to compensation for lost wages, pain and suffering, and other damages.
Statute of Limitations for Spinal Cord Injury Lawsuits
When considering a lawsuit for a spinal cord injury, it’s important to understand the statute of limitations in relation to your injury. This is the amount of time a victim has to file a lawsuit after the injury occurred. The statute of limitations varies by state and can range from one to several years. If the victim fails to file a lawsuit within the specified timeframe, they may be barred from doing so in the future.
Structured Settlements for Spinal Cord Injury Victims
In some cases, a spinal cord injury victim may opt for a structured settlement rather than a lump sum payment. A structured settlement provides regular payments to the victim over time rather than a one-time lump sum. This can be beneficial for long-term medical expenses and living expenses.
Workers’ Compensation for Spinal Cord Injuries
If a spinal cord injury occurs in the workplace, the victim may be eligible for workers’ compensation benefits. These benefits can cover medical expenses, lost wages, and other expenses related to the injury. It’s important to note that workers’ compensation benefits are typically limited and may not cover all expenses related to the injury.
Alternative Dispute Resolution for Spinal Cord Injury Cases
In some cases, alternative dispute resolution methods, such as mediation or arbitration, may be used to resolve a spinal cord injury case. These methods can be less time-consuming and less expensive than going to trial. Additionally, they can provide a more collaborative approach to resolving the case, which can be beneficial for all parties involved.
If your life has been impacted by a spinal cord injury, it’s important to understand your legal options. Whether you choose to pursue a lawsuit or a settlement, it’s important to have an experienced attorney on your side who can help you navigate the legal system and fight for the compensation you deserve. Remember, spinal cord injuries can have a significant impact on your quality of life, so it’s important to take action and protect your rights as soon as possible.
For help with a case, visit our Mama Justice MW Law Firm offices at:
- 2005 West Main St. Tupelo, MS 38801
- 406 Galleria Dr., Suite 7 Oxford, MS 38655
- 1671 Lelia Dr Suite B, Jackson, MS 39216
- 5100 Poplar Ave., Suite 2700 Memphis, TN 38137
Or, alternatively, call us today for a free consultation, on (888) 484-1476.