Filing a Claim for a Spinal Cord Injury
Posted on behalf of Lynch Law Firm on July 26, 2018 in Personal Injury News. Updated on February 24, 2022
Damage to the spinal cord can result in a devastating injury that affects your ability to live a normal and functional life. Many spinal cord injury victims suffer loss of sensation and motor control, which may result in a victim requiring extensive medical treatment and permanent disability.
If you or a loved one suffered a spinal cord injury due to another’s negligence, it is imperative that you contact an experienced New Jersey spinal cord injury lawyer to discuss your claim. Lynch Law Firm’s trusted personal injury attorneys will provide you with a free, no obligation consultation to review the circumstances behind your accident and the effect your spinal cord injury may have on your life.
We know the difficulties accident victims endure after suffering a debilitating injury. Our attorneys will help you understand how to file a spinal cord injury claim to help you obtain the compensation you need.
Types of Spinal Cord Injuries
Spinal cord injuries are divided into two main categories:
- Incomplete spinal cord injuries: This type of injury occurs when the spine is only torn, bruised or partially severed. An incomplete spinal cord injury may result in temporary paralysis, loss of motor function or sensation.
- Complete spinal cord injuries: This injury occurs when the spinal cord is completely severed, resulting in a full loss of function and feeling in your body. Depending on the location of the injury, you may lose the ability to use your arms and legs, referred to as quadriplegia.
After your accident, your attorney will review several aspects of your claim to determine if the other party is at fault for your injury. There are four elements that must have been present during your accident:
- Duty of care: The at-fault party owed you a duty of care to avoid causing you injury.
- Breach of duty: The at-fault party failed to uphold its obligation, resulting in you suffering an injury due to his or her negligence.
- Causation: The at-fault party’s breach of duty directly caused you to suffer a spinal cord injury.
- Damages: You suffered damages due to the at-fault party’s negligence, such as medical expenses for the treatment of your injuries.
Compensation for a Spinal Cord Injury
Spinal cord injuries often require extensive medical treatment and have a long-term effect on the victim’s life. This may result in the victim incurring expensive medical bills and suffering a loss of income.
For this reason, spinal cord injury victims may be entitled to pursue several types of damages for their claim, including compensation for:
- Past and future medical treatment
- Corrective surgery
- Prescription medication
- Cost of a caregiver
- Lost wages
- Loss of income
- Pain and suffering
- Loss of enjoyment of life
- Loss of reputation
- Loss of companionship
During your free, no obligation consultation, our attorneys will review the amount of pain and suffering you have endured since acquiring a spinal cord injury. We will be able to determine an accurate amount of compensation that may reflect the injury and financial losses you have suffered.
What You Should Document
If you are filing a claim for a spinal cord injury, there are several types of records and documents that may help your case. If possible, you should immediately begin compiling evidence that your attorney may use to build a case that proves your claim. This may include:
- Medical records that detail the treatment you received and the cost of treatment
- The police report taken at the time of your accident, if applicable
- Witness statements
- Pay stubs or time cards indicating the amount of wages you have lost since suffering your injury
- Evidence showing the quality of your life has diminished since suffering a spinal cord injury
Your attorney will review the evidence you present to help you determine if you are entitled to pursue a personal injury lawsuit against the at-fault party. He or she will work tirelessly on your behalf to obtain the compensation you deserve.
Statute of Limitations
In New Jersey, the statute of limitations for personal injury lawsuit is two years from the date on which you were injured. This means you have two years from the date of your accident to sue the at-fault party for causing you to suffer a spinal cord injury. If you wait too long to take action, you will lose the right to pursue compensation.
Often, insurers will deny personal injury claims or reduce the amount of compensation you can receive. For this reason, it is crucial to contact an attorney to discuss filing a claim as soon as possible. He or she will understand where your claim stands within the statute of limitation and will help you file your case before the deadline passes.
Contact Lynch Law Firm for a Free Consultation
A spinal cord injury is one of the most devastating injuries you can suffer during an accident. Many victims suffer permanent impairment that causes severe debilitation and prevents them from living the lifestyle they once enjoyed.
If you or your loved one suffered a spinal cord injury due to another’s negligence, Lynch Law Firm’s dedicated attorneys will not hesitate to pursue the maximum compensation for your claim. Contact us today to schedule a free, no obligation consultation for us to review your claim and the accident that caused your injury.
All of our attorneys work on a contingency fee basis. This means you will not be charged upfront legal fees and you only have to pay us if we recover compensation for your claim.
Call (800) 518-0508 today to find out if you have a case.