None of us thinks about the possibility of a disabling spinal cord injury happening to us, yet they happen every day. From traffic accidents to falling from ladders, people suffer from painful spinal injuries that can also be financially costly.
Someone who has incurred injuries affecting the spinal column through no fault of their own can expect compensation from those responsible. An experienced personal injury lawyer from Morris Bart can help you pursue that compensation.
When Should You Pursue a Lawsuit after Suffering a Spinal Cord Injury?
For those injured while at work, you can file a worker’s compensation claim to pay for your medical care. You may also qualify for Social Security Disability Insurance benefits from the federal government. Mississippi does not have a state-run disability insurance program.
But for anyone injured through other means outside their employment, you will likely need to file a lawsuit to get proper compensation for your injuries.
For a free legal consultation with a Spinal Cord Injury lawyer serving Pascagoula, call (800) 537-8185
Determining Fault in a Spinal Cord Injury Case
The top causes of spinal cord injuries around the country occur either through traffic accidents or crippling falls, according to the National Institute of Neurological Disorders and Stroke (NINDS). And most of the time those accidents come from negligence, or malicious behavior, or intent to do harm, by another party.
Injuries Due to Negligence
To claim negligence by another person, you must be able to prove that their actions were responsible for your injury. Some causes of neglect resulting in a traffic accident include:
- Distracted driving
- Failure to follow traffic signals
- Driving under the influence
Other accidents that may result in spinal cord injuries could involve a slip and fall while shopping, a mishap during a medical procedure, or a fall while working as an outside contract laborer.
Injuries Due to Intent or Malicious Behavior
If malicious behavior or intent to harm is the cause of injuries, a personal injury lawsuit will often accompany, or follow, a criminal lawsuit. If a criminal lawsuit is won first, it can set a precedent for an associated injury suit.
In this instance, you must be able to prove your spinal cord injury came from the intention to do harm. This could be the case if your injury came from domestic violence.
Who Can Be Held Accountable in a Spinal Cord Injury Lawsuit?
Because spinal cord injuries can happen through a wide variety of accidents, there could be more than one individual held responsible. By proving neglect or intent, that individual or business should be held accountable. Parties that can be found responsible include:
- Vehicle drivers
- Bosses or supervisors
- Business owners or managers
- Property owners or managers
- Governmental agencies
- Product manufacturers
- Repair and maintenance shops
- A family member or intimate partner
By examining the evidence and performing an outside investigation, your lawyer and legal team can determine who was at fault for your spinal cord injury.
What If You Were Partially to Blame for Your Accident?
There are instances where the injured party is at partial fault for an accident that led to their injuries. Mississippi recognizes this through its pure comparative negligence rule.
But even if you were partially at fault for the accident, you can still claim and receive some compensation. If you are found 10% responsible for the accident leading to your injuries, you may still receive 90% compensation from the other party involved.
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How Is a Solid Case Built for Compensation After a Spinal Cord Injury in Pascagoula?
When a Pascagoula spinal cord injury lawyer can clearly see your injuries were caused through the fault of another, he or she will work tirelessly to prove your case. Your attorney will need to collect evidence such as:
- Your account of the accident
- Law enforcement reports
- Eyewitness accounts
- Photos of the accident scene, your injuries, and any personal property damage such as your car
- Copies of your medical reports from the emergency department, hospital, and your physician including test and surgery results
- Expert testimony from similar cases, medical experts, and professional investigators
Through evidence gathered, your spinal cord injury attorney in Pascagoula will be able to build a solid case that will hold up in court.
What Compensation Can You Expect for Your Spinal Cord Injury?
Every accident is different. Depending upon the extent of your injury, you could expect medical expenses that go well into the future, after your lawsuit is settled. This is something your doctor can help determine.
Keep your spinal cord injury lawyer in Pascagoula apprised of all your medical needs as well as the pain and suffering you are enduring. Your claim could include damages such as:
- Medical expenses you have already incurred
- Ongoing and future medical expenses
- Lost wages from time away from work
- Future lost wages if you remain unable to work
- Property damages
- Pain and suffering due to physical pain
- Mental and emotional distress
- Loss of enjoyment of life
- Loss of companionship
If at any time, your medical status changes including any change in diagnosis, the possibility of future surgery, or a change in treatment strategy, notify your personal injury attorney immediately.
Is There a Statute of Limitations for Filing a Spinal Cord Injury Lawsuit in Pascagoula?
Every state follows its own laws regarding personal injury cases. Mississippi allows you up to three years from the date of the accident to file a spinal cord injury lawsuit. If you are even one day beyond that day in filing, you may forfeit your rights for compensation.
Medical care and healing for spinal cord injuries is a lengthy process. So is developing and filing a lawsuit to get you the compensation to which you are rightly entitled.
When Should I Think about Hiring a Lawyer?
After your immediate medical needs are addressed and your condition is stabilized, you should contact an experienced spinal cord injury lawyer. If you are laid up and cannot go to the office for your free consultation, a Morris Bart lawyer will come to you. Whether you are in a hospital bed at Singing River Hospital or convalescing at your Pascagoula home, our dedicated attorneys are happy to travel to your location.
As the expression goes, “time is of the essence.” During your free consultation, our spinal cord injury attorneys in Pascagoula will be able to assess your accident and determine if we feel you have a promising claim.
How Can a Pascagoula Spinal Cord Injury Attorney Help Me?
If you or a loved one has been the victim of an accident resulting in spinal cord injuries, the legal team at Morris Bart is prepared to go to bat for you. Personal injury cases are what we do, and we’d like to help you win yours. Contact us and let’s get started on your case today!
Questions?Call (800) 537-8185
to find a Morris Bart office near you.