How to Seek Compensation for a Spinal Cord Injury

 Posted on January 21, 2024 in Personal Injury Lawsuits

A person’s life can be forever altered when sustaining a spinal cord injury (SCI). The spinal cord is one of the most significant parts of the human body. It is responsible for all internal organs, sensory organs, and muscles that sit below the neck. So what happens when this prominent part of the nervous system suffers a traumatic injury due to another person’s negligence? You get yourself a lawyer and sue the defendant for everything owed.

Getting Your Due

The very first thing (after receiving medical help) you should do when sustaining a spinal cord injury is to seek out legal representation. Though you can file a claim on your own, hiring a lawyer can ensure you file the right claim with the defendant’s insurance company.

Insurance companies will often attempt to minimize the impact their client had regarding the injuries. A tough and pragmatic lawyer with experience in personal injury cases can also ensure you never settle for a lowball compensation payout.

The statute of limitations for filing a personal injury lawsuit is two years from the date of injury. A skilled attorney can help you file the correct personal injury claim well within the due date.

Once you have a lawyer under your employ, they will get to work unearthing evidence to help your case. The burden of proof falls onto the plaintiff to discover and present to the court that the defendant’s actions or omissions were negligent and the cause of the spinal cord injury. Evidence that your attorney may use to prove negligence in the case includes:

• Your medical records detailing the extent of the injuries and costs
• Eyewitness testimony of those who saw the accident that led to your injuries
• Detailed police report on the accident
• Visual evidence such as video recording or photographs capturing the accident
• Lost wages and other damages due to your injuries

Economic and Non-Economic Damage Compensation

Damages can often be calculated early in a spinal cord injury lawsuit. Your attorney may be able to provide insight into what an estimation of your compensation will be. The easier damages to calculate fall under economic damages, which are your monetary damages, such as:

• The costs of your medical bills
• Lost wages you would have earned had it not been for the injuries sustained
• Other out-of-pocket expenses

Non-economic damages may require further investigation as they are not as easily calculated. Non-economic damages can include:

• Emotional distress
• Physical pain and suffering
• Disfigurement
• Mental anguish
• Humiliation

Punitive damages may apply in certain situations but are very rare.

Contact a Lake County, IL Personal Injury Attorney

Suffering a spinal cord injury can be devastating to not only the person injured but also their family and friends. Do not allow further suffering by attempting to settle with an insurance company before consulting a Waukegan, IL spinal cord injury lawyer. The firm of Salvi & Maher, LLP can represent you in your personal injury case and ensure you are not taken advantage of by shady insurance companies. Contact the office for a free consultation at 847-662-3303 where we can further discuss your case.