Living with a spinal cord injury (SCI) is one of the hardest things someone has to do, as they fret about their recovery, the rest of the family, and the bills that just keep on coming. It is only natural that most of these folks decide to pursue a spinal cord injury lawsuit.
The victims of spinal cord injuries, besides suffering from their condition can also face a variety of legal issues that can be settled in court, such as discrimination.
Therefore, today we decided to discuss the process of a spinal cord injury lawsuit so you know what to expect in case you decide to pursue one.
Finding the Right Lawyer
Before talking about the general steps involved in the process of a spinal cord injury lawsuit, finding the right lawyer is of paramount importance when it comes to the success of your case.
Search for an experienced spinal cord injury lawyer and verify they are qualified to help you no matter which lawsuit you wish to pursue – paraplegia, quadriplegia, or any other type of spinal cord injury claim.
An apt lawyer will help you with everything; from calculating your settlement value in terms of economic and non-economic damages to anything else you may require.
The Process of a Spinal Cord Injury Lawsuit
Even though the way your case is handled and the facts surrounding it differ from case to case, a couple of basic steps usually remain the same and can be used as a guideline.
- Contacting and Meeting with an SCI Lawyer – the meeting with the lawyer will focus on the grounds of your case, determine whether negligence was involved, as well as involve questions related on the circumstances caused by your injury, namely how your life has been impacted by it.
- Reviewing the Contract – usually, the SCI lawyers go for a contingency fee agreement; in short, they don’t get paid unless there is recovery through settlement/ trial. Moreover, in some cases, the lawyer may also get their fees from the adverse party and not from your settlement or trial payment.
- Research – once the contract is signed, your lawyer will start the investigation period. They will gather as much evidence to validate your claim and get the best settlement/ result possible. Evidence includes all potential avenues of recovery, insurance policies, other factors and parties, and so on.
- Communication with Insurance Companies – your lawyer may correspond with any of the insurance companies that are involved in the claim. This period usually runs on a 30 to a 60-day calendar, with communications that can take several months to complete.
- Decide Over Trial or Settlement – after doing all of the above, your lawyer will provide counsel as to which your best option is; namely, either go to trial or agree to a settlement. In most cases, a settlement is the best choice – however, a trial is not to be ruled out, depending on the circumstances.
The process for a spinal cord injury lawsuit can be tedious. If you are living with the said injury, it will be difficult to retain your composure while pursuing a claim/ settlement.
This is why, as mentioned before, finding the perfect lawyer is most important. Ask for help and guidance from family members or other people.
Ultimately, keep in mind that your lawyer will be the one who needs know everything about your injury – so, choosing someone you can easily communicate with is essential.