Catastrophic injuries—like spinal cord injuries—have serious, long-term effects on the victim. They often also put enormous stress on the victim’s family due to the change in circumstances, new needs of the victim, and astronomical medical bills. Indeed, the costs associated with spinal cord injuries are over a million dollars in the first year of high tetraplegia. It is understandable then, that many people who have suffered spinal cord injuries due to an accident or other circumstances, would consider filing a lawsuit.
Because taking on litigation is never something anyone should do without giving it careful thought, here are some things you should consider if this is your situation.
The first thing you should consider doing is talking to someone about your situation and the possibility of filing a lawsuit. Experienced spinal cord injury counsel can evaluate your case and give you sound advice.
Most attorneys who handle spinal cord and other personal injury cases give free consultations. They will also frequently take your case on a contingency basis, which means that you pay his or her legal fees only if you win your case.
To prevail in your case, you are going to have to prove “negligence.” That means that you will need to show that someone had a legal duty to you that they breached, and it was that breach that caused your injury.
So, if you injured yourself by, for example, diving into shallow water, you are probably not going to bring a lawsuit.
If, however, your spinal cord injury was caused by a grocery store failing to clean up a spill at their front door, for example, you are going to have to prove that the grocery store was negligent (fell below the standard of care for a merchant).
Or, if you were injured in a car accident, you will need to show that it was the other driver’s negligence that caused the accident, and thus, your injuries. For example, if the other driver ran a stop sign or a red light, and that caused the accident, that would fit the bill.
Liability is not always a clear issue. In some cases, multiple people could have been responsible for your injuries. For example, person “A” could have been responsible for your original injury, but person “B” could have made it worse. Many spinal injury cases have more than one defendant.
Spinal cord injury lawsuits can be complex and difficult. So it is always best to think about the facts of your situation and consult with knowledgeable counsel before you decide to do anything. That said, those who cause others to suffer catastrophic injuries like a spinal cord injury through their carelessness should be held accountable.
If you have suffered a spinal cord injury, contact us. We offer FREE consultations, and we don’t get paid for personal injury cases unless you win your case. We have offices in Baton Rouge, and we serve Baker, Denham, Gonzales, Port Allen, Prairieville, New Orleans, and Zachary. Call 225-200-0000 ToDay to schedule your free consultation or contact us here.
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