Your life could change in a snap when a spinal cord injury occurs. The long-lasting, devastating injuries can cause chronic pain, disability, and emotional trauma. Add ongoing care, lost wages, and medical bills to the equation, and everything feels heavy for you and your loved ones.
Understanding your legal rights is important in cases like these, whether the spinal cord trauma is caused by an unfortunate car accident, medical malpractice, or even a workplace mishap.
This guide explores the things spinal cord injury victims are entitled to, handling the legal process, and how a qualified attorney helps you seek compensation and access critical resources.
Spinal Cord Injuries and Their Impact
Spinal cord injuries happen when you damage your spinal cord or surrounding nerves due to trauma. It disrupts communication between your brain and body, resulting in loss of fine motor skills, partial or total paralysis, and dependence on assistive devices to move. You need a competent spinal cord injury lawyer for cases like these.
The common causes include:
- Sports injuries
- Acts of violence, such as sustaining gunshot wounds
- Falls from heights
- Medical errors or surgical complications
You can have grounds to pursue compensation if another person’s actions or a party’s negligence caused the harm, regardless of how the injury occurred.
Your Legal Rights After Suffering from a Spinal Cord Injury
Under U.S. law, you can have particular legal rights after a spinal cord injury, especially if another person’s negligence or medical malpractice caused it. These include:
1. Filing a Personal Injury Claim
You can file a claim assisted by a personal injury attorney to get fairly compensated for your damages, including:
- Past, present, and future medical costs
- Rehabilitation services, like occupational and physical therapy
- Medical treatment and ongoing care costs
- Emotional distress
- Chronic pain
- Lost earning capacity
- Home modifications
- Purchase of assistive devices
2. The Right to Legal Representation
You’re entitled to experienced legal representation from a highly qualified personal injury lawyer to let you:
- Understand the legal system
- Handle insurance disputes
- File an insurance or medical malpractice claim
- Gather evidence to prove liability
- Collect medical records and other documents
- Establish strong spinal cord injury cases
A free consultation with your attorney can shed light on your rights and determine the best legal action.
Who Can Be Legally Held Liable?
These parties can be held accountable, depending on how the injury occurred:
- Employers who bypassed safety regulations
- Property owners who didn’t fix hazardous conditions
- Someone else’s negligence, particularly another driver, in a car accident
- Medical professionals involved in medical malpractice
- Manufacturers of defective medical devices
Determining the party responsible for your serious injuries is the key to seeking maximum compensation for your losses.
The Entire Legal Process
1. Seek Medical Attention
After the accident, prioritize and look after your health. Make sure all treatment is well-documented. Medical records build a strong foundation for your case.
2. Contact a Personal Injury Attorney
Ask them if they can evaluate your claim. Your lawyer will review your case, estimate the amount of potential compensation you may get, and help you collect evidence.
3. File Your Claim
Your lawyer will either negotiate with insurance companies or file a lawsuit. Insurance is another story, as you may get lowballed to protect their own interests. Your lawyer will make sure the insurance company pays what you’re owed.
4. Negotiate or Go to Trial
While most cases can be settled out of court, your lawyer may take your case to trial if they can’t agree on a certain compensation. Your lawyer will represent you, present your case to the jury, and argue why you should be compensated.
Key Legal Protections for Spinal Cord Injury Victims
Disability Rights and Protections
If your injury leads to permanent disability, federal laws such as the Americans with Disabilities Act can help you fight employment discrimination and secure accommodations at work or in public.
Health Insurance and Coverage Disputes
You can dispute denied claims, appeal decisions about your coverage, and make sure your health insurance gives you the benefits you’re entitled to in line with your policy.
Why Legal Assistance Matters
Spinal cord injuries caused by other people usually require specialized legal action. Here’s why it’s important to work with a qualified lawyer:
- They know how costly it is to recover from a spinal cord trauma.
- Lawyers have connections with specialists, healthcare providers, and rehabilitation services.
- They can account for your physical, financial, and emotional loss with their skills.
Your lawyer’s support can boost your chances of getting fair compensation and your life back.
Final Thoughts
The impact of spinal cord injuries is beyond physical pain. It can turn your life around and affect you emotionally and financially. However, you don’t have to face and bear the burden alone. Knowing your legal rights, seeking a lawyer’s help, and understanding the entire legal process can help you get the compensation and support you deserve.
