Article source: Bridgford, Gleason & Artinian, Orange County, CA
A spinal cord injury can be caused by accidents such as car accidents, motorcycle wrecks, etc. These injuries can cause partial or complete paralysis. According to a stat, over 18,000 new spinal cord injury cases occur annually in the U.S.
For an individual, this situation can be overwhelming. Because they have to deal with piling medical bills and physical pain. An Orange County spinal cord injury attorney from the Bridgford, Gleason & Artinian law firm can help such victims.
They help you build a strong legal case and secure compensation for medical care and lost income. In this article let’s explore the ways to build a strong spinal cord injury case.
Gathering Medical Evidence
One of the most important steps to build a strong spinal cord injury case is gathering detailed medical evidence. This evidence serves as the foundation of your claim. Medical records should include
- All hospital visits
- Emergency room report
- Diagnostics such as MRIs, CT scans
- Surgical notes and
- Rehabilitation reports
These documents help to establish a clear timeline from the moment of injury to ongoing treatment.
Expert medical opinions from spinal surgeons and neurologists are important to explain the complexity of the injury. They provide a detailed report, which is necessary for calculating damages. The stronger the medial evidence, the stronger the case will be.
It is also very important to document how the injury has affected your daily life. Try to take photos and videos of your condition. Visual evidence can make the case more compelling to insurers.
Proving Liability
It is very important to prove liability in a spinal cord injury case. Liability basically means proving another party’s negligence that directly caused the injury. Gathering clear evidence about the incident is essential to prove liability.
For this, start collecting police reports that contain vital information. Information such as
- Primary fault assessment
- Witness contact
- Diagrams of the scene
These documents provide an initial understanding of how the incident occurred and who was responsible for that.
In premises liability, try to gather records like
- Maintenance log
- Cleaning records
- Warning signs about hazards
to prove who was really at fault.
Calculating Damages
Calculating damages in a spinal injury case is necessary to ensure full compensation. Damages are classified into two
- Economic damages
- Non-economic damages
Economic Damages
It includes past and future medical expenses like
- Surgery
- Hospital stays
- Rehabilitation cost
- Medication and
- Equipment like wheelchairs.
You also get paid for lost wages from missing work and any future lost income. Experts use this method to calculate the total damage you have dealt due to spinal cord injury.
Non-economic Damages
This is compensation for pain and suffering caused by a spinal cord injury. There are two ways to calculate non-economic damages.
Multiplier method: It multiplies economic damages by 1.5 to 5 based on the severity of the injury.
The per diem method: This method assigns a daily rate for each day from the accident till the maximum recovery is reached.
Negotiations
Negotiating a spinal cord injury settlement requires strategic preparation. Because most insurance companies try to lowball your settlement. They never pay you the fair compensation.
If you find it hard to navigate, hire a personal injury lawyer to help you. They have years of experience in countering those lowball offers. They also ensure that you get the full compensation that you deserve.
Key Takeaways
- A spinal cord injury can turn your life upside down and can cause permanent damage.
- To build a strong case, gather strong medical evidence of your injury.
- It is very important to prove liability in a spinal cord injury case to prove whose fault this was.
- Economic damages are financial losses that are directly linked to the injury.
- Non-economic damages are calculated using the multiplier method and the per diem method.
