How Do I File a Claim for a Spinal Cord Injury?
A spinal cord injury is one of the most severe injuries a person can sustain, often leaving people with expensive medical bills and the inability to work. A spinal cord lawsuit can help injured victims recover the costs they need to help with medical costs and household expenses. But what qualifies as a spinal cord injury and who can file for one? Our personal injury attorneys answer this question below:
Determining Negligence or Responsibility in a Spinal Cord Injury Lawsuit
If someone else was responsible for your spinal cord injury, then they may also be liable for your damages. This is usually determined by deciding who was negligent. Regardless of the type of accident, your lawyer will determine the following elements:
- Duty of care: Did anyone involved in the accident owe a legal duty of care to the injured person?
- Breach of duty: Did that person also breach that duty of care? Was this done through negligence?
- Causation: Was the negligent behaviors of the liable person the cause of the accident and the injury?
- Damages: Are there actual damages that can be compensated? Are these damages related to the accident?
Your lawyer can help you determine negligence by collecting things like medical records, witness statements, photographs, or videos from the accident.
Types of Accidents that Lead to a Spinal Cord Injury
There are many different types of accidents that can lead to a spinal cord injury, including car, pedestrian, truck and bicycle accidents, a slip and fall accident, a work-related injury and even a defective product. Some types of accidents can be tricky since New Jersey is a no-fault state. This means that if you are in an accident, you will first, file for compensation from your insurance provider.
However, spinal cord injuries almost always exceed the compensation that is available in an insurance claim. But, a lawyer may be able to help you collect additional compensation to deal with this severe injury through a personal injury lawsuit.
The laws in New Jersey regarding negligence vary, depending on the type of accident. For this reason, it is important to work with a lawyer that has specific experience in your type of injury. This ensures that you collect the right type of evidence and build a case that demonstrates the full extent of your damages.
New Jersey Personal Injury Statute of Limitations
New Jersey’s statute of limitations can also affect who is liable for a spinal cord injury. The state limits your ability to file a personal injury lawsuit to just two years from the date of the accident. Failing to file before this date, even if you have a lot of evidence proving negligence, can make you ineligible.
For this reason, it is important to discuss your case with a personal injury lawyer as soon as possible. It can take time to find the right lawyer, as well as time for them to build your case.
Some injuries, including spinal cord injuries, require expensive medical care. If someone else caused this painful injury, then it is only right that they also cover your costs needed to recover.
Contact an Atlantic City Personal Injury Lawyer to Discuss Your Spinal Cord Injury Case in New Jersey
Did you or a loved one sustain a spinal cord injury in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Brown Law represent clients in Egg Harbor, Atlantic City, Galloway Township, Hamilton, and throughout New Jersey. Call (609) 344-8270 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08041.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.