Victims of a spinal cord injury face an incredibly daunting journey ahead of them. The medical treatments, adjustments to daily living, and emotional toll on you and your loved ones require not just physical but immense emotional resilience. We understand what you are facing, and the negligent parties should be held accountable for the distress and disruption they’ve caused in your life. Ensuring that you receive the compensation needed to cover medical expenses, ongoing care, and the emotional and physical impact of your injury is not just a legal matter—it’s a moral one.
To help you and your family, we can provide you with a free case review. Our Stone Mountain personal injury lawyers can explain the merits of your spinal cord injury case and how we can help. Also, we work on contingency, so there is no financial burden on you. We only get paid if we secure compensation for you. This is a time for focusing on healing. Let us take on the burden of the legal process, providing you with the peace of mind needed to focus on what’s most important—your recovery and well-being.
Common Causes of Spinal Cord Injuries
For victims exploring the option of filing a personal injury claim, understanding the diverse scenarios that lead to spinal cord injuries (SCIs) is pivotal. Such knowledge not only aids in identifying the root cause of your injury but also in establishing the foundation for a strong legal case based on negligence. Among the common causes are:
- Car accidents: A leading cause of SCIs, the force of collisions can damage the spinal cord.
- Slips and falls: Especially common in older adults, falls can cause serious spinal injuries.
- Medical malpractice: Surgical errors or other medical negligence can lead to SCIs.
- Truck accidents: Due to their size and weight, accidents involving trucks can cause severe spinal damage.
- Motorcycle accidents: Motorcyclists are particularly vulnerable to SCIs due to the lack of protection during crashes.
- Sports and recreational activities: High-impact sports or recreational activities can result in spinal cord injuries.
By focusing on the specifics of how your injury occurred, your legal team can tailor a strategy aimed at securing the compensation you deserve for the challenges you’ve faced and will continue to face.
For a free legal consultation with a spinal cord injury lawyer serving Stone Mountain, call 404-214-2001
Proving Negligence in Your Spinal Cord Injury Case
In the realm of personal injury law, negligence is defined as the failure to take reasonable care to avoid causing injury or loss to another person. In the context of SCIs, it means that an individual or entity did not act with the level of care that a reasonably prudent person would have under similar circumstances, leading to an injury. Establishing negligence is fundamental to proving liability and securing compensation for victims.
We Must Prove the Four Elements of Negligence
The process of proving negligence in SCI cases typically involves four key elements:
- Duty of Care: Establishing that the defendant owed a duty of care to the plaintiff.
- Breach of Duty: Demonstrating that the defendant breached that duty through action or inaction.
- Causation: Linking the breach of duty directly to the plaintiff’s injuries.
- Damages: Showing that the plaintiff suffered quantifiable harm as a result.
We Gather Evidence That Demonstrates the Elements of Negligence
To substantiate these elements, a lawyer would collect various types of evidence, including:
- Medical records: To document the extent of the injury and its impact on the victim’s life.
- Accident reports: Such as police or incident reports that provide an official account of the event.
- Witness statements: Testimonies from individuals who witnessed the accident or can vouch for the injury’s impact.
- Expert testimonies: Insights from medical professionals, accident reconstruction experts, or occupational therapists to support claims about the injury’s cause and long-term effects.
- Photographic or video evidence: Visual documentation of the accident scene, injuries, or factors contributing to the accident.
- Financial records: To demonstrate economic losses, including medical bills, lost wages, and other expenses incurred as a result of the injury.
Collectively, this evidence is crucial for building a compelling case that not only highlights the negligence involved but also accurately represents the profound consequences of the injury on the victim’s life.
Call Kaine Law for a free review of your spinal cord injury claim today.
Stone Mountain Spinal Cord Injury Lawyer Near Me 404-214-2001
The Liable Party Owes You Compensation for Your Losses
Victims of spinal cord injuries (SCIs) are entitled to a broad spectrum of compensations that reflect both the tangible and intangible losses suffered due to the injury. Your compensation should cover your immediate costs, facilitate your recovery, and reflect your long-term care.
The types of compensation can include:
- Medical expenses: Covers all healthcare costs from emergency treatment, surgeries, hospital stays, medications, and ongoing rehabilitative therapies.
- Lost wages: Compensation for the income lost during the recovery period.
- Loss of earning capacity: Accounts for the potential future income lost if you cannot return to your previous employment due to the severity of your injury.
- Physical pain and suffering: Acknowledges the acute and chronic physical discomfort resulting from the SCI.
- Mental anguish: Compensates for the psychological impact, including depression, anxiety, and emotional distress.
- Loss of consortium and companionship: Recognizes the impact on the victim’s relationships with their spouse, children, or other close family members, compensating for the loss of intimacy, support, and companionship.
Adequately accounting for both economic damages and intangible losses ensures a comprehensive approach to compensation, one that truly reflects the extensive and often lifelong challenges you will face. It allows us to effectively negotiate with the insurance companies for a fair settlement.
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Protect Your Right To File a Lawsuit in Georgia
The statute of limitations for personal injury cases, O.C.G.A. § 9-3-33, is generally two years from the date of the accident. It sets a deadline for filing a lawsuit against those responsible for your injuries. Failing to file within this time frame typically results in the loss of the right to seek compensation for damages through a court award.
It’s important to begin your spinal cord injury case as soon as possible. It gives your lawyer time to build your claim and forces the insurance companies to negotiate fairly.
Complete a Free Case Evaluation form now
Free Spinal Cord Injury Case Evaluation Today
If you or a loved one suffered a spinal cord injury in an accident caused by negligence, we may be able to help. Call Kaine Law today for a free case review. Our Stone Mountain spinal cord injury lawyers can help you obtain the compensation you need to recover. Learn more today.
Call or text 404-214-2001 or complete a Free Case Evaluation form