If your life was forever changed by spinal cord damage, you are not alone. Across the country, there are roughly 17,810 new spinal cord injury cases every year. Leading causes include motor-vehicle collisions, falls, and sports accidents.
Assuming you weren’t at fault for the accident in which you were hurt, there’s a good chance you have grounds for a claim. If you decide to proceed with one, here’s what you should know before getting started:
1. What Kinds of Damages Can You Include in a Spinal Cord Injury Claim?
Claims that involve catastrophic injuries like spinal cord damage tend to include pretty hefty damages. In the first year after getting hurt, victims can incur more than $1 million in medical costs and living expenses alone.
Thankfully, all the losses they wouldn’t have incurred had they not gotten hurt are recoverable. In addition to medical costs, such damages might include property repairs, lost wages, lost earning capacity, replacement services, and home/vehicle modifications.
Injured parties may also account for non-economic damages when putting together their claims. Examples include pain and suffering, loss of enjoyment in life, emotional distress, and loss of consortium.
2. How Do You Prove Liability for an SCI?
The most convincing evidence of liability will depend on the circumstances surrounding the accident in which you were hurt. If you sustained your SCI in a car accident, for example, evidence of liability might include dash camera footage, photographs of the wreckage, and toxicology reports. If, on the other hand, you slipped and fell at a business establishment, you may need to present surveillance footage, incident reports, and eyewitness testimony.
3. How Long Do You Have to File a Spinal Cord Injury Claim?
Because of their inherent value, spinal cord injury claims aren’t easily settled. When the victim is seeking seven figures in damages, you can be sure the insurance adjuster puts up a considerable fight.
If your claim proves impossible to settle, you should know that you’ll have a limited amount of time to bring the opposing party to court. California’s typical statute of limitations is two years. That means you likely have two years from the date on which you were hurt to file a formal lawsuit.
Should you attempt to go to court after the deadline has passed, the judge will likely dismiss your case. Keep in mind, however, that there are a few exceptions that can shorten the statute of limitations. As such, it’s wise to enlist legal help as soon as possible.
Call (562) 206-1939 to Speak with a Spinal Cord Injury Attorney in Long Beach
Your Injuries Are Personal to Me
At the Law Office of Michael D. Waks, we know what kind of toll catastrophic injuries can take on the whole family. If you or someone you love is living with an SCI because another party failed to act with reasonable care, we’ll help you seek the funds needed to pick up the pieces. Call (562) 206-1939 or fill out the Contact Form on our website to schedule a free initial consultation with a spinal cord injury lawyer in Long Beach.