If you believe another party caused a spinal cord injury to you or a family member, you must prove fault before you can recover compensation for any associated damages. Spinal cord injuries can happen in many ways, including vehicle accidents, slip and fall accidents, sports-related injuries, and even intentional violence. Most personal injury cases pertaining to spinal cord injuries are filed in response to acts of negligence, or failure to use reasonable care in specific situations. However, it is possible for a personal injury to result from intentional misconduct, such as violent crime or driving under the influence (DUI) of alcohol or drugs.
Your San Bernardino spinal injury attorney can help you gather evidence to support your case and prove fault for the injury. The evidence you will need will vary depending on how and where your injury occurred. For example, if you were hurt in a traffic accident, you may need vehicle computer data, footage from traffic cameras, and testimony from witnesses who saw the accident happen firsthand. Some cases may require input from professionals in specific disciplines who can provide expert witness testimony, clearly explaining the most complex details of the case.
Once you have proven liability for the spinal injury, you can proceed with claiming compensation for the resulting damages. The average personal injury plaintiff will have the right to seek compensation for economic and non-economic damages, with the former being more straightforward. Economic damages can include any direct financial losses suffered because of a defendant’s actions, such as medical expenses, lost income, and property damage. However, the plaintiff will also have the right to claim projected future economic losses as well.
A spinal cord injury is likely to require extensive immediate medical care as well as various types of ongoing treatment. The victim may need to undergo various types of rehabilitation, require in-home medical care, or they could be permanently disabled. Similarly, the plaintiff may be unable to work in the future, or a family member may need to leave their job to provide in-home care for the victim. Lost income and lost future earning power are claimable in a personal injury case, and these economic losses may be substantial in a spinal injury case.
Non-economic damages include the plaintiff’s pain and suffering, and it can be difficult for the average person to think of a suitable amount of financial compensation that will reflect the severity of long-term or permanent medical complications and disabilities related to a spinal injury. Your San Bernardino spinal injury attorney can help you determine a suitable amount to reflect the severity of the harm done to you. State law only restricts pain and suffering recompense in medical malpractice claims, so as long as your case falls outside the purview of medical malpractice law, there is no limit on pain and suffering recompense in your case.
When you choose Easton & Easton to represent your spinal cord injury case, we will do everything we can to maximize your recovery in the most expedient manner possible. We take time to learn each client’s unique story, investigating the full effect their injury has had on their life and helping them uncover every channel of compensation available to them.
We will seek to settle your case if possible, but we are fully prepared to represent you in litigation if necessary. Our firm has the experience needed to help our clients through the most complex personal injury cases, and the sooner you connect with our firm, the sooner we can begin building a comprehensive civil suit for you.
Q: How Much Recompense Can I Claim for a Spinal Cord Injury?
A: Any catastrophic injury has the potential to negatively impact the victim’s life for years or permanently. You have the right to claim full repayment of all economic losses resulting from the defendant’s actions; you may also claim compensation for your pain and suffering. California law does not place a limit on pain and suffering recompense except in personal injury claims, so you have the right to seek as much as you believe to be appropriate to reflect the severity of the harm done to you. Your San Bernardino spinal injury attorney can offer an estimate of your case’s total potential value.
Q: Can I Claim Compensation if I’m Partially Responsible for My Accident?
A: Yes, it is possible for a plaintiff in a personal injury case to bear partial responsibility for their accident and still recover compensation for their losses. California follows the pure comparative fault rule, which means that each liable party will have a fault percentage assigned when multiple parties share fault for a personal injury. When a plaintiff bears a fault percentage, this percentage is taken from their final case award, and they keep the remainder. For example, 40% fault means the plaintiff will lose 40% of the total compensation won from the defendant.
Q: Are Spinal Cord Injuries Permanent?
A: In most cases, yes, spinal cord injuries are permanent. The spinal cord cannot repair itself like the rest of the body. Spinal cord injuries are divided into complete and incomplete categories depending on whether the cord is completely severed. Complete injuries will prevent the brain from communicating with the body connected below the injury site, meaning complete paralysis for the affected region of the body. An incomplete spinal injury may result in loss of sensation, loss of control over some areas of the body below the injury site, and other symptoms that may fluctuate over time.
Q: Why Do I Need to Hire a San Bernardino Spinal Injury Attorney?
A: Although it is technically possible to file a personal injury claim without legal representation, this is inadvisable for several reasons. You would be compelled to meet strict filing deadlines and other procedural requirements while contending with the medical effects of your injury. Even if you were able to prove liability for your injury, you would be unlikely to recover the same amount of compensation that an experienced attorney could secure for you. Hiring a San Bernardino spinal injury attorney improves your chances of success with your claim and greatly increases your chance of maximizing your compensation.
Q: What Will It Cost to Hire a San Bernardino Spinal Injury Attorney?
A: The team at Easton & Easton can provide legal representation for your personal injury case without adding to your financial concerns in this difficult time. We take personal injury clients on contingency, meaning we will only take a fee from a client if and when we win their case, and their fee is a percentage of the total compensation we secure on their behalf. There is no risk of paying more for your legal representation than you win in compensation for your damages, and you pay nothing if we are unable to recover a case award.
The right attorney is an invaluable asset, no matter what your personal injury case entails. When you choose Easton & Easton to represent your spinal cord injury case, you are investing in decades of professional experience with a wide range of complex personal injury claims and a responsive legal advocate who can provide ongoing support through each step of your recovery efforts. If you are ready to learn what our team can do for you in your impending case, contact us today to schedule your consultation with a San Bernardino spinal injury attorney that you trust.