A spinal injury is any damage to your spinal cord, such as bruising or tears, or the tissues close to it. Depending on the severity, you could be left with costly problems like a higher risk of heart and lung complications, chronic pain, and paralysis.
If you were injured here in Conyers because of someone else’s actions, you can file for compensation against them. You could work with a Conyers spinal injury lawyer from Kaine Law to recover the appropriate amount from the liable side. Here are some of the main laws and considerations affecting your settlement.
Various Laws Could Apply to Your Spinal Injury Action
There are many possible causes behind a spinal injury. For example, you could suffer one in a car accident, a slip and fall, or even in an assault and battery crime.
Our Conyers spinal injury lawyer studies various areas of Georgia’s laws that could affect your action. For example, they can look into transport and trucking safety laws if you have a trucking accident. Meanwhile, our lawyer can check Georgia’s gun control laws if you get shot in either an accident or during a criminal act. This helps save you the time and effort of checking and understanding the statutes yourself—our attorney can explain to you and answer any questions you may have.
For a free legal consultation with a spinal injury lawyer serving Conyers, call 404-214-2001
Proving Your Spinal Injury
Like other personal injury actions, you typically have to prove that the other party is, in some form, liable for your injury. For instance, if you were in a slip and fall accident, you need proof that the establishment’s staff acted negligently by not putting up warning signs. Likewise, if you were injured in a crime, you must show how the party’s criminal behavior led to your spinal injury.
Our Conyers spinal injury lawyer can help gather proof of the other side’s fault for your condition. These include witness reports, photos, and camera footage. They can also compile evidence of your spinal injury, such as medical records, your physician’s reports, and testimonies from loved ones and coworkers about your suffering.
Conyers Spinal Injury Lawyer Near Me 404-214-2001
Your Spinal Injury Settlement Damages
A successful spinal injury settlement lets you get compensated for your actual expenses and the pain and suffering caused by your condition. We call these your economic and non-economic damages. To estimate your economic damages, our Conyers spinal injury lawyer can help compile expenses such as:
- Hospital bills
- Medication receipts
- Record of lost wages while hospitalized
Meanwhile, non-economic damages are often calculated by multiplying your economic damages by a certain value depending on your spinal injury’s severity. A spinal injury lawyer from Kaine Law can review your condition to estimate the damages you could receive.
Besides your past and current financial losses, you would also need to consider your future expenses. Keep in mind that a spinal injury can be a permanent condition, thus affecting your finances for life. Our Conyers spinal injury lawyer could also work with a financial expert to project your future medical expenses to include them in your settlement amount.
Sharing Liability Can Still Reduce Your Recovery
Suffering grievously from your spinal injury does not automatically entitle you to the full amount of recoverable damages. Under the comparative fault rules in O.C.G.A Section 51-12-33, you might receive a reduced amount based on your liability percentage.
For instance, if you are 35 percent at fault in the incident resulting in your injury, you would only receive 65 percent of the total damages. So if the amount initially totaled $350,000, you can get $227,500.
Furthermore, you cannot recover anything if you are over 50 percent at fault.
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Seeking Compensation for Your Spinal Injury
You typically have two options for compensation for your spinal injury: File an insurance claim or sue the at-fault party. The Conyers spinal injury lawyer can assess your situation to determine what would work best for you. They can also speak on your behalf when facing the insurer or the court.
Filing a Liability Claim
The first option for most injury victims is filing a liability claim with the at-fault party’s insurance provider. Individuals and businesses often carry liability coverage through homeowners or commercial insurance. Meanwhile, motorists must have auto liability insurance to drive legally.
When the at-fault party causes an accident, the liability coverage will pay for the victims’ injury and property damage expenses.
Filing Injury Lawsuits
There are instances where a liability claim might not work, such as when the other party’s coverage limits are insufficient. Another would be if you were injured in a crime, as insurers typically do not cover intentional actions.
The civil court will decide your settlement amount, not the insurance provider. This can result in the at-fault party paying out of pocket to repay you.
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Statute of Limitations for Conyers Spinal Injury Cases
As a type of injury case, your Conyers spinal injury suit follows the statute of limitations specified in O.C.G.A. Section 9-3-33. This law states you have two years to bring a case against the liable party. Failure to file on time will automatically dismiss your injury lawsuit, so it would be better to start working on the case now instead of starting at the last minute.
To help you pass your case on time, our Conyers spinal injury lawyer can monitor your progress for any pending requirements and check for tolling exceptions. Tolling exceptions are special situations that can move your deadline.
For example, if the criminal court prosecutes the liable party, the statute timer will begin after the criminal case settles or six years have passed. Meanwhile, if you sue on behalf of your child, the clock will start the countdown after they turn 18.
We Have Spinal Injury Lawyers Ready To Help
Spinal injuries are life-changing medical conditions that could also permanently impact your finances. That is why the office of Kaine Law is ready to help you seek compensation from those responsible for your struggles. We have Conyers spinal injury lawyers who can serve as your legal representative and guide you throughout the steps in getting a settlement.
Our team has handled a wide range of injury cases throughout Georgia. Besides spinal injuries, we also take on boating accidents, defective products, dog bites, and many more types of personal injuries. If you have questions about your case, call us today for a free evaluation.