Suffering a spinal cord injury can be devastating. It’s a crippling medical condition that may cause paralysis. Whether your injury results from a motor accident, falls, or other dangerous situations, it can bring some life-changing consequences.
For instance, if you’ve become paralyzed due to a spinal cord injury, you may have to stop working and doing what you used to do before the accident. When this happens, filing a spinal cord injury lawsuit can be an excellent idea. It refers to a legal process of bringing a claim in court to obtain monetary compensation for their injury.
If you have spinal damage and want to file a spinal cord injury lawsuit, read below for the three things you need to know about this legal action.
- A Spinal Cord Injury Lawsuit Has Two Legal Bases
Typically, spinal cord injury lawsuits have two legal bases. This means you can either institute the claim based on either of the following:
- Negligence: When you suffered a spinal injury in a car accident or a slip and fall accident, then you can file a lawsuit based on negligence. Claims arising from negligence are based on the presumption that the at-fault party committed negligent acts, causing you an injury.
When this happens, you need to work with a legal professional like the Sadaka Spinal Cord Injury Lawyer and other law firms to help you prove the other party’s liability. They can assist you in procuring clear and convincing evidence to hold the responsible person accountable for the harm done to you.
- Product Liability: If your spinal cord has been injured due to a defective product, you can file a claim based on product liability. It’s a personal injury case that allows you to sue the manufacturer or seller who designed, manufactured, or sold the product in the market.
For example, you may be entitled to receive compensation if you got a severe spinal injury in a car accident caused by faulty airbags or seat belts. In cases like these, it’s best to hire a legal professional to improve the odds of getting indemnified for your injury. They can follow up the investigation and they know how to protect your rights and interests throughout the legal proceeding.
- Compensation For Spinal Injury Cases Comes In Different Types
As mentioned, spine injuries can be debilitating because they can result in permanent damage. When the injury starts to affect your ability to control your body parts, you may be required to undergo significant medical treatment and other healthcare services. This situation may end with you paying expensive costs which can minimize your savings.
Thus, instituting a spinal cord injury lawsuit can be an excellent idea to alleviate your financial burdens. The primary purpose of this legal action is to seek monetary remuneration for all the financial losses you sustain. Depending on how serious your injury is, you may be entitled to different types of compensation. These can include:
- Past and future medical bills.
- Rehabilitation expenses.
- Lost wages and the ability to make money.
- Pain and suffering.
- Loss of companionship.
- Loss of enjoyment in life.
- There Are Common Defenses In Spinal Injury Cases
Generally, you need to present adequate evidence to substantiate your claim and hold the other party involved accountable for your spinal injury. However, it’s essential to know that your defendants in a spinal cord injury lawsuit can also refute your allegations by alleging that you contributed to the accident. This defense usually happens in a case arising from negligence.
For example, suppose you suffered a spine injury in a motor accident caused by your alcohol intoxication. In that case, the defendant can raise the doctrine of contributory negligence to get away from the liability. It means the defendant isn’t legally at fault if your carelessness was the main cause of the accident.
Moreover, assumption of the risk is also one of the common defenses in spinal cord injury cases. Suppose you sustained the injury while doing a dangerous activity such as skiing. In that case, the defendant can argue that you chose to participate in an activity that can expose you to harm. Consequently, you might not win your case and obtain compensation for your injury.
With those things being said, it’s crucial to know these defenses to prepare yourself for anything that may happen in court. Also, if you want to refute and weaken their defenses properly, you need to seek legal help to achieve a more favorable outcome.
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Being unable to use any part of your body can be one of the most challenging things you can ever experience. Aside from the emotional and physical effects, you and your family would probably face some financial issues to support your short and long-term treatment.
Hence, if you suffered a spine injury, keep the information mentioned above in mind to help you get started with a spinal cord injury lawsuit. By knowing some important things about this legal matter, you can make good decisions that could help boost your chances of winning your case.