What is the Process for a Lawsuit After a Spinal Cord Injury?

Note: This article is for informational purposes only when preparing and pursuing a spinal cord injury lawsuit.  This article is not providing legal advice, guaranteeing a specific outcome, or forming an attorney/client relationship.

A spinal cord injury can happen to anyone at any time. The impact of a spinal cord injury changes a person’s life in every way in a matter of seconds.  If you or a loved one has sustained a spinal cord injury, you undoubtedly have many questions about what the future holds: How can I focus on physical rehabilitation or recovery while the bills grow with each day that passes? What will I do for income and will I be able to return to work?  What can I do to make sure my needs are met in the future?

These are just some of the questions that just about every spinal cord injury survivor and their family faces. These issues are of great importance as you determine how to navigate returning to home, handling financial concerns and learning to move forward in your new life.  After a spinal cord injury, you may have a legal claim based on how or why you were injured.  There may be other legal issues you need to address including protecting your civil rights, fighting against discrimination, and making sure you are protected. That is why contacting The Spinal Cord Injury Law Firm is an important step in your transition following a catastrophic injury.

Do I Have a Case?

There are many benefits to asking this question immediately following a spinal cord injury.  This way evidence can be preserved, witnesses can be contacted, and memories are still fresh surrounding the events that caused the injury.  If your injury was the result of the negligence or intentional acts of another person you may have a case.  Finding a lawyer knowledgeable in this area is important to determine if you can bring a spinal cord injury lawsuit.  That is why the Spinal Cord Injury Law Firm is here to help.  We fight for people following spinal cord injuries every day.

Hiring the Right Lawyer for Your Spinal Cord Injury Lawsuit

Finding the right lawyer is the first step to protecting your rights following a spinal cord injury.  Not every lawyer has the background an experience to represent a person in the complex legal issues that arise following a spinal cord injury. You may have a family member or a friend who is a lawyer who may offer to assist you following a spinal cord injury.  However, unless it is someone with extensive experience in lawsuits pertaining specifically to spinal cord injuries, they may not be qualified to help you.  In fact, they may end up harming your chances of recovery or receiving justice.

Whether you want to pursue a quadriplegia lawsuit, paraplegia lawsuit, or any other spinal cord injury claim, it is important to work with qualified, experienced, and knowledgeable spinal cord injury attorneys.  This ensures that the evidence is preserved, and all proper steps are taken so that you have the greatest chance for a financial recovery as a result of your spinal cord injury.

In addition to helping you navigate the legal process for a spinal cord injury claim, The Spinal Cord Injury Law Firm can help ensure any spinal cord injury settlement discussion is valued appropriates and based on your economic and non-economic damages (loss of function, pain, suffering, loss of relationship, emotional loss, physiological or mental loss).

The General Steps in Your Spinal Cord Injury Lawsuit

It is important to understand that every spinal cord injury lawsuit is different and the steps for each particular case will vary.  This is because there are many factors you have to consider.  Your injury, the facts surrounding how you were injured, your recovery, how your case is handled, the laws in your state, and the evidence available are just some of the factors to take into account when thinking about your spinal cord injury lawsuit.  However, there are a few basic steps that often remain the same:

  1. Contact and Discuss Your Case with the Spinal Cord Injury Lawyers. The first step in a spinal cord injury lawsuit is to contact The Spinal Cord Injury Law Firm about the specific facts about your case.  The meeting with a spinal cord injury lawyer can take place in person in the hospital, home, or office, over the phone, or through a video call on your phone or computer.  No matter how you communicate with the attorney, it is important that you have a discussion about your potential case to determine if you may be able to pursue a spinal cord injury lawsuit.  This meeting involves gathering details about the spinal cord injury you or a loved one sustained, the circumstances and questions about the injury, and how the injury has impacted the lives of the injured and family.
  2. Review the Contract with The Spinal Cord Injury Lawyers. It is important to have a contract in place outlining the scope of the representation.  Usually, the contract will be called a contingency fee representation agreement.  This means that The Spinal Cord Injury Law Firm is only paid once there is a recovery in your case.  You do not have to pay the attorney an hourly rate for their work. Also, this means that if there is no recovery in your case, you do not owe the attorney any money.  Make sure you understand all the terms of the representation agreement before signing it. If you have questions or do not understand a part of the contract, please contact us to answer any questions you may have.
  3. Your SCI Lawyers Begin Research. Once you have signed a contract, the investigation period of your spinal cord injury lawsuit begins. During this investigation, The Spinal Cord Injury Law Firm tries to gather as much evidence as possible concerning your case. They also identify all potential avenues of recovery, including individuals, corporations, and insurance policies that are available. This could also include your own insurance policy should you have an uninsured motorist (UM) policy. In the case of a car accident in which another person caused you or a loved one  injuries due to negligence, for example, the SCI Lawyers would look at:
    • The insurance policies of both the driver and the owner of the vehicle (if they are not the same person or if it is a company),
    • The company they work for if they were driving as part of their job, and
    • Other factors and parties who may be potentially liable for your injuries.
  4. Communication with Insurance Companies Commences. During this time, The Spinal Cord Injury Law Firm may send out letters of representation — this involves corresponding back and forth with any insurance companies that are involved in the spinal cord injury claim. This period of the lawsuit often runs on a 30-60 day calendar of back-and-forth communications that can take multiple months to complete between the attorneys and the other parties.
  5. Making the Decision to Go to Trial or Agree to a Settlement. The Spinal Cord Injury Law Firm acts in your best interest and provides legal counsel about what we think is your best option based on our dedicated experience in representing individuals following spinal cord injuries. A settlement is sometimes the best option, depending on the specific case and its surrounding circumstances, and other times it is in the best interest of the client to go to trial. However, the decision about whether to go to trial or agree to settle with an insurance company is ultimately yours.

While every case is different, it is important to understand that your spinal cord injury claim could take years to be fully resolved.  While The Spinal Cord Injury Law Firm can work to resolve the case as soon as possible, the goal is to maximize recovery to help take care of ongoing lifetime expenses.

If you or a loved one has a spinal cord injury, please call The Spinal Cord Injury Law Firm at 1-877-SCI-FIRM or email us at info@spinalcordinjurylawyers.com.  We know serious injuries because we live it every day. We understand and fight for you!

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