One of the most frequent questions someone with a spinal cord injury will ask a lawyer is if they have a case regarding a possible personal injury claim (lawsuit), and if it could win in court. Usually this question can be answered by asking a series of questions.
If you’re wondering if you have a case after your spinal cord injury, here are the questions you should ask yourself. If you answered yes to most of these questions, please contact us so that we can help you with the next steps in your personal injury claim.
Is there liability?
Sustaining a spinal cord injury doesn’t necessarily mean there’s always someone or an entity that is liable for your injuries. Sometimes, however, it is quite evident there is the guilty party. In black and white cases such as this, it can be easy to show liability. However, there are many situations where liability lands in a gray area. An experienced spinal cord injury lawyer can help see you through this.
Is there enough evidence?
Even though someone may be responsible for your injury, can you prove that they are responsible? In a court of law, having physical evidence is essential to a case. To prove a personal injury case in a spinal cord injury, you’ll need to gather medical records and doctors statements to show the extent of the SCI and how it occurred. Witness testimony is also key. If this can be acquired, this will especially help prove your case if your case goes to trial and a jury is involved.
Has the Statute of Limitations expired?
Each state has a set date on how long you have to file a lawsuit. This is called a Statute of Limitations. For many states, it is usually 2 to 4 years after the date of the injury. It’s always in your best interest to file your personal injury lawsuit as soon as possible in order to avoid losing out on financial compensation because your state’s statute of limitations is expiring.
Will the defendant be able to pay?
Even if you can prove liability and you have adequate evidence, if the defendant does not have enough money to pay your claim, it may not be worth your time, especially if the lawyer and court costs outweigh whatever financial compensation you may receive if you win your case.
Are you willing to settle out of court?
Are you willing to go into mediation and settle out of court if the defendant asks? In many personal injury cases, this is recommended vs. going to trial, as the money is needed right away to pay for important costs related to your injury, such as medical bills, rehabilitation, home renovations and medical equipment.
Let Us Help You!
We know disability because we live it every day. The Spinal Cord Injury Law Firm is run for people with disabilities, by people with disabilities. We have vast experience in fighting for the legal rights of people with disabilities, and we will fight for you to receive the justice and compensation you deserve.
If you have experienced a legal issue or barrier because of your disability, contact us today at 1-877-SCI-FIRM or info@spinalcordinjurylawyers.com for a free legal consultation so you can assess your legal options.
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