Spinal Cord Injury Lawsuit: The Process and Seeking Compensation
Spinal cord injuries can change the lives of not only the injured but their loved ones as well. They often require extensive medical care and ongoing in-home assistance. Pursuing a lawsuit with a spinal cord injury lawyer in San Diego from CaseyGerry could result in a monetary award that covers these expenses.
If you or a loved one has been diagnosed with a spinal cord injury caused by a preventable incident, such as a car crash, you may have grounds to file a lawsuit. Our aggressive approach to your personal injury claim could provide you with compensation for your physical, emotional, and financial losses. Call today and schedule a free consultation. We are happy to answer your questions and assess your case.
The Legal Process: From Negotiation to Trial
There is a process for every spinal cord injury claim. It can end at any point with a negotiated settlement, but some cases take years to resolve. Understanding this is valuable for anyone considering a lawsuit following a spinal cord injury.
The Process Includes The Following:
The Demand Letter
A successful spinal cord injury claim does not start with a lawsuit. Before a complaint is drafted, your attorney will reach out to the responsible party, insurance carrier, or law firm and demand compensation on your behalf. This is called a demand letter. It spells out precisely what you require in exchange for waiving your right to file a lawsuit. Often, these letters lead to a settlement.
Filing the Lawsuit
A lawsuit becomes necessary if the case cannot be settled through negotiations. Your attorney will prepare the complaint on your behalf, which will be filed with the court. A copy must be served to the other party to formally notify them of the legal action.
After filing the complaint and serving it to the defendant, the next step is to wait. The defendant has a set amount of time to respond. You win by default if they fail to answer.
Discovery is one of the most critical stages of a spinal cord injury lawsuit. During this time, both sides are obligated to provide the other with the evidence they plan to rely on at trial. There is also the potential for depositions, which allow lawyers to question trial witnesses under oath.
The final stage of a spinal cord injury case is the trial. Most attorneys will continue pushing for a fair settlement up until the moment the trial ends. The trial is where both sides have an opportunity to present evidence that favors their case. Ultimately, a jury will determine if you are entitled to compensation.
How Much Is A Spinal Cord Injury Worth?
Many elements go into the value of a spinal cord injury claim. These include the spinal cord injury cause as well as the severity. There is no firm guideline on how to value these cases, but our attorneys can identify the types of damages you might be able to recover, which can include the following:
Past and future medical bills
Pain and suffering
Diminished future earning power
Understanding the types of damages you might be entitled to recover cannot guarantee a specific outcome in your case. However, it is a good way to get a picture of what you might be entitled to if your case is successful.
The Importance Of Hiring An Experienced Spinal Cord Injury Lawyer
Your choice of attorney is critical if you are considering a spinal cord injury lawsuit. We handle every aspect of your case, from negotiating a settlement to developing a trial strategy.
Our team at CaseyGerry is ready to advocate for you or your loved one following a spinal cord injury. If you have questions about the spinal cord injury cases we handle, schedule a free consultation with our firm. We work on a contingency basis, so there are no upfront legal fees. We look forward to hearing from you.