A spinal cord injury can devastate you and cause trauma for your family members who depend on you for financial and emotional support. The injury can leave you wondering whether you will make a full recovery or spend the rest of your life depending on someone else to take care of you.
If a motor vehicle accident that was not your fault caused your spinal cord injury, you may be eligible for compensation for your damages. The Law Offices of Ogle, Elrod & Baril, PLLC, can help you plan a course of action and hold the party liable for your diminished quality of life.
Contact us today at 865-546-1111 to schedule a free consultation with a spinal cord lawyer in Jefferson City. We can discuss your options of filing an insurance claim or a personal injury lawsuit. We handle all aspects of the legal process so you can focus on caring for yourself after a debilitating accident.
How Can a Spinal Cord Injury Lawyer Help Me?
A lawyer proficient in handling these cases can fight to get you a fair settlement for your claim. A lawyer might also refer you to doctors who specialize in treating these injuries and help you find health insurance, if necessary.
Our firm works with medical professionals to obtain an expert opinion on our clients’ medical conditions, prognosis, and future medical needs. Having this expert opinion helps us determine the amount of financial damages to demand from the at-fault party’s insurance company and helps strengthen your claim.
What Information Should I Provide for My Claim?
If you decide to work with us, we will conduct an investigation and gather information to show what caused your accident and spinal cord injury. We will also determine who to hold responsible for your damages.
For example, if a rear-end accident caused your spinal cord injury, we would build a solid claim for you by collecting such information as:
- A police reportof the crash containing information on the at-fault driver’s actions, such as texting or talking on the phone while driving;
- The at-fault party’s driving record, which may include convictions for drunk driving, speeding, or driving while impaired;
- Traffic camera video or security video from businesses near the accident scene;
- Photographs of the scene;
- Eyewitness statements about the crash; and
- Your medical records, including your doctor’s statements about the severity of your spinal cord injury.
Your medical records play an important role in the investigation. These records can show any related complications your spinal cord injury caused, including:
- Breathing difficulties;
- Loss of mobility;
- Intense back pain;
- Intense stinging sensation;
- Bowel or bladder dysfunction; and
- Loss of sensation, including an inability to feel.
We also take into account that this injury places you at risk for temporary or permanent paralysis. If you have ongoing medical needs, we will seek a higher amount of compensation to help you cover the costs of long-term care.
Why Is This Information Important for My Claim?
We use this evidence to establish negligence. We work to show the at-fault party owed you a duty of care to act reasonably. However, they breached the duty of care. As a result of their negligence, you suffered damages.
In Tennessee, we must prove negligence before we can seek compensation from the at-fault party. This is because Tennessee is a fault state. The party at fault for causing an accident pays for the damages resulting from their negligence.
How We Estimate the Value of Your Claim
We estimate the value of your claim based on a number of factors, including the severity of your spinal cord injury, the financial losses you suffered, and your future medical needs. We also look at damages that include:
- Current and future medical expenses;
- Hospital costs;
- Physical therapy;
- Home modifications to accommodate wheelchairs or other assistive devices;
- Lost wages;
- Future loss of income;
- Loss of earning capacity, if you can no longer work in the same manner you did prior to your injury; and
- Property damage, if the accident damaged your vehicle or other personal property.
We will also pursue non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. State law limits these damages to $750,000, but if your injury resulted in paraplegia or quadriplegia, we can request up to $1 million.
Depending on how your accident happened, we may also seek punitive damages. Punitive damages punish the at-fault party for intentional, malicious, fraudulent, or reckless behavior that caused your injury. These damages act as a deterrent to prevent other people from acting in a similar manner.
Do I Have to Go to Court?
We recommend filing an insurance claim first against the at-fault party and their insurance company. We negotiate these claims with a goal of getting you a favorable outcome out of court. If negotiations fail, we advise filing a lawsuit to resolve the case in court.
Causes of Spinal Court Injury
About 17,500 new spinal cord cases occur each year in the United States, with car accidents being the leading cause, according to the National Spinal Cord Injury Statistical Center (NSCISC).
Truck accident and motorcycle crash victims are especially at risk for spinal cord injuries. If another party was at fault for your accident, our attorneys will help you pursue fair compensation.
Contact the Law Offices of Ogle, Elrod & Baril, PLLC, Today for Help With Your Spinal Cord Injury Claim
The Law Offices of Ogle, Elrod & Baril, PLLC, understands the toll a spinal cord injury can take on you and your family. When you call us at 865-546-1111, you can schedule a meeting with an attorney in Jefferson City to discuss your accident.
If you have a viable case, we can determine a plan of legal action. You can depend on us to help you seek justice for your spinal cord injury.