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How Can an Attorney Help Me With a Spinal Cord Injury Claim?

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Posted on February 24, 2023

Spinal cord injuries are some of the most life-altering injuries a person can suffer, often causing long-lasting or permanent disabilities. Any spinal cord injury is traumatic and challenging to overcome, but when the injury results from a preventable accident caused by an act of negligence or reckless behavior, it is even more distressing. Spinal cord injuries cause tremendous damage, both physically and financially. By filing a claim for compensation, a spinal cord injury victim can gain compensation for the economic and non-economic damages they’ve suffered. A skilled San Diego personal injury attorney with years of experience representing clients with spinal cord injuries can provide the best chance of a favorable outcome and maximum compensation for your damages.

How An Attorney Investigates Your Spinal Cord Injury Case

An experienced San Diego spinal cord injury attorney understands exactly what’s needed to craft a compelling case for your compensation. Once your attorney evaluates your case, he or she will plan an effective strategy and begin investigating on your behalf through the following means:

  • Examining the police report or accident report 
  • Examining the medical records detailing your injury, treatment recommendations, and prognosis
  • Reviewing photos of the accident scene and any available video from surveillance cameras, traffic cameras, or dash-cam footage
  • Examining the accident scene
  • Hiring experts to recreate the accident scene
  • Hiring medical experts to evaluate the injury and its long-term impacts
  • Interview family members about the impact the injury has on your daily life

Once an attorney has all of the information collected and scrutinized, he or she can determine and prove liability by showing the following elements exist in your case:

  • That the at-fault party owed a duty of care to keep you and others safe by acting in a reasonable manner, such as following traffic rules to keep drivers safe on the roadway, or a store owner’s duty to keep their premises free of hazards
  • That the at-fault party breached their duty of care through negligence, recklessness, or wrongdoing
  • That the breach led to the spinal cord injury
  • That the injury caused significant economic and non-economic damages

Your Spinal Cord Injury Attorney Can Draft a Strong Demand Letter to Begin Negotiations

Once the evidence is in place to clearly document your spinal cord injury’s physical and economic impacts and address the evidence of their client’s liability for the accident, your attorney will draft a demand letter to the appropriate insurance company with monetary amounts assigned to your damages. After the insurance company reviews the demand letter, they’ll engage in negotiations for the maximum settlement. Your spinal cord attorney can strongly negotiate for full compensation for damages such as:

  • Medical expenses and future medical costs
  • Lost income and future lost wages
  • Diminished future earning capacity when the spinal cord injury causes disability
  • Costs of at-home equipment
  • Pain and suffering
  • Loss of enjoyment of life

While financial compensation cannot repair or undo an injury, it can help grant access to the best medical care and relieve financial burdens while you focus on recovery.

A San Diego Spinal Cord Attorney Can Strongly Litigate Your Case in Court

The vast majority of spinal cord injury cases settle out of court with no need to see the inside of a courtroom; however, if the insurance company does not offer a reasonable settlement, your spinal cord attorney will take the matter to court and craft a strong, compelling case for the best chance of a favorable verdict and the maximum compensation for your damages so you can focus on maximizing your recovery.