Suffering a spinal cord injury can be a life-altering event. The pain, emotional distress, and financial burden can be overwhelming. f your spinal cord injury was caused by someone else’s negligence, you may have the right to seek compensation. However, successfully pursuing a personal injury lawsuit is challenging. You need to prove several things to win a spinal cord injury lawsuit successfully, which can be a bit overwhelming for some. . We will get to that, but first let’s discuss why a spinal injury lawsuit is so challenging in the first place.
Why Winning a Spinal Injury Lawsuit is Challenging
The injured party or their legal representative must provide comprehensive medical records to support their claim. Since prompt medical treatment is crucial for recovery, spinal cord injury victims often require legal assistance to pursue their claims. It is one of the most popular personal injury lawsuits that result in large settlements.
Moreover, the victim must also prove the negligent party’s liability, and justify the damages one claims. Additionally, proving property damage and securing coverage for serious injuries are crucial aspects of these cases. Many people assume that spinal cord injuries only result from slip-and-fall accidents, but they can occur in various circumstances. In more severe scenarios, even wrongful death can occur, which is a new level of complexity in itself.
10 Things You Must Prove to Win a Spinal Injury Lawsuit Successfully
Most people think that a spinal cord injury can only occur with a slip and fall case but that’s not the truth. To substantiate a spinal cord injury claim, you must present more than just accident scene evidence. So what else do you need?
Let’s break down the 10 things you must prove to win a spinal injury lawsuit and maximize your fair compensation.
1. Establishing Liability: Proving the Duty of Care
When pursuing a personal injury lawsuit, one of the first things you need to establish is that the defendant owed you a duty of care. This means proving that the at-fault party had a legal obligation to act responsibly to prevent harm.
If they failed to meet this obligation, they can be held liable. For instance, drivers must follow traffic laws to keep others safe, while property owners have a responsibility to maintain their premises to prevent injuries. Demonstrating this duty is the foundation of your claim.
2. Proving the Defendant Breached Their Duty
Once you establish the duty of care, the next step is proving that the defendant breached this duty. A breach occurs when someone acts negligently or recklessly, putting others at risk. For example, a driver who runs a red light and causes a car accident has failed in their duty to drive safely.
Similarly, if a business neglects to clean up a spill and a fall accident occurs, that breach of responsibility could form the basis of your case. Most of the cases involving car accidents also involve spinal injuries as well as large settlements if handled correctly.
Your personal injury attorney will gather evidence to demonstrate exactly how this breach happened.
3. Demonstrating That the Breach Caused Your Spinal Injury
Even if a negligent party acted irresponsibly, you must connect their actions directly to your spinal cord injury. This is called causation, and it requires clear evidence that your injuries were a direct result of the accident occurred.
Your medical records should document the injury’s severity and link it to the accident. Additionally, expert medical professionals may testify to support your claim, while police reports and witness testimony can confirm that the defendant’s negligence directly caused your injuries.
4. Providing Strong Medical Evidence
A strong personal injury claim relies heavily on comprehensive medical documentation. You need to provide medical bills, test results, and physician statements that outline the severity of your spinal cord injury.
Proof of physical therapy, occupational therapy, and ongoing treatments will further establish the extent of your condition. These therapies are a must if you want to get the necessary medical care as an injured party.
Additionally, demonstrating the need for medical equipment, such as wheelchairs or home modifications, helps support your case for future medical expenses. Not providing sufficient evidence poses an increased risk of your lawsuit being cancelled, or having too many attempts for your compensation.
5. Proving the Impact on Your Ability to Work
A spinal cord injury can have lasting effects on your ability to work and earn a living. To recover lost wages, you must prove how your injury has affected your employment.
Pay stubs, tax returns, and employer statements can verify your income before the accident, while medical reports can show why you are unable to return to work.
If you require retraining for a new job due to your injury, a financial expert can help calculate lost earnings and future financial losses. The biggest challenge with spinal cord injuries is the impact on motor function suddenly.
For instance, gunshot wounds are the second leading cause of spinal cord injuries, according to Science Direct, which renders people useless in a second.
6. Documenting Pain and Suffering
Beyond medical expenses, spinal cord injuries often cause significant physical pain and emotional distress. You can seek compensation for non-economic damages such as anxiety, depression, and loss of enjoyment of life.
Your personal injury claim should describe how your injuries have impacted your daily life, including difficulties performing everyday activities or engaging in hobbies you once enjoyed. Testimonies from family members, therapists, or mental health professionals can further support this claim.
If you document your pain and suffering correctly, the responsible party will have to pay you the compensation amount you see. For instance, those who seek compensation for a slip and fall accident get it in most cases.
7. Overcoming Insurance Company Tactics
Dealing with an insurance company can be challenging, as they often try to minimize payouts. They may offer a low settlement, argue that your injuries existed before the accident occurred, or use your social media posts to discredit your claim.
Moreover, if your spinal cord injury roots from a car accident, your claim might become harder to attain without the right assistance. Thus, seeking legal help for your personal injury cases is beneficial.
An experienced personal injury attorney can handle settlement negotiations, counter low-ball offers, and ensure that your case is presented with solid evidence to fight for fair compensation.
8. Proving Long-Term Medical Costs and Future Care Needs
Most spinal cord injury cases require ongoing treatment, which means proving long-term medical expenses is crucial to securing compensation. You need documentation of future medical appointments, continued treatments, and rehabilitation programs like physical therapy or occupational therapy.
Demonstrating the potential costs of spinal cord rehabilitation, the risk of blood clots, and other complications can help justify a higher settlement.
Your law firm may also work with medical professionals to provide expert testimony regarding future care needs.
9. Gathering Key Evidence to Strengthen Your Case
The success of your legal claim depends on the strength of your evidence. Important documents include police reports that detail the motor vehicle accident or fall accidents and witness statements from those who saw what happened.
You should also add any available surveillance footage to bring more value to your point. Similarly, testimonies from medical professionals and accident reconstruction experts can further solidify your claim. Your injury lawyer will ensure all relevant evidence is properly gathered and presented in court.
10. Hiring an Experienced Personal Injury Attorney
Completing a spinal injury lawsuit can be complex, making legal representation essential. An experienced personal injury attorney can guide you through the legal process, handle insurance claims, and collect the necessary evidence to build a strong case.
They will negotiate with the insurance provider to secure fair compensation and, if necessary, take your case to trial.
Many law firms offer a free consultation, so you can discuss your case and explore your legal options without financial risk. However, you should know how to choose a spinal cord injury lawyer in Nevada or any other state. So, we recommend researching it before making a decision.
Wrapping It up: Take Action to Protect Your Rights
Most spinal cord injuries come with lifelong consequences. However, proving duty of care, breach, causation, and damages is essential to winning your case.
An experienced personal injury lawyer can make all the difference in recovering compensation for medical bills, lost wages, and emotional distress. Don’t face this legal battle alone—reach out for a free case evaluation today.
1-800-870-8910