If you suffer an injury to your spinal cord due to someone else’s negligence, you may be able to seek damages from the at-fault party. To do so, it helps to partner with a Charlottesville spinal cord injury lawyer. You and your Charlottesville personal injury lawyer may work together to pursue the maximum amount of compensation.
At MartinWren, P.C., we tirelessly work to help you get your life back after your personal injury. We guarantee that you will be able to work closely with an experienced attorney who is committed to helping you achieve the best case results. To get started, reach out to us. Our attorneys have 300 years of combined legal experience.
Impact of a Spinal Cord Injury
According to the Christopher & Dana Reeve Foundation, the first year of expenses relating to an injury to the spinal cord may range from $347,484 to $1.06 million. In each subsequent year, these costs generally fall between $42,206 and $184,891. Over a lifetime, the costs to manage and treat this type of injury may vary from $1.11 million to $4.7 million.
Most spinal cord injury survivors will face a long road to recovery. Spinal cord injury survivors typically have a prolonged stay in the intensive care unit at a trauma hospital after the initial event. They can expect to spend days, weeks, or even months receiving emergency treatment. In Virginia, some of the top trauma hospitals are the UVA Health System with UVA Hospital. Depending on what other injuries occurred, many patients will be transported to surrounding hospitals, like VCU Health and its hospitals.
After the hospital releases spinal cord injury patients, they will typically go to a rehabilitation hospital that specializes in spinal cord rehabilitation. One of the top hospitals in the region is Sheltering Arms Institute in Richmond. Another main rehabilitation center is the Shepherd Center in Atlanta.
Then, when the rehabilitation hospital concludes treatment, patients may need round-the-clock care in a retrofitted home.
You cannot change that you suffered an injury. And you have to deal with the reality that these life-changing injuries are incredibly expensive to treat. However, you may hold the party responsible for your injury accountable for their actions. We can help you get damages to cover your injury-related costs.
It may be beneficial to consult with a Charlottesville spinal cord injury attorney to discuss your legal options. The team at MartinWren, P.C. is available to review your case. For more information, get in touch with us.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
When to File a Claim
Per the Code of Virginia § 8.01-243, you may have up to two years from the date of your injury to pursue damages. For example, a negligent motorist may crash their vehicle into yours, leaving you with a spinal cord injury. You may request damages from this driver within two years of your accident. But certain claims and defendants require you to satisfy notice periods that are much shorter than 2 years.
A Charlottesville spinal cord injury lawyer can help you determine if you are eligible to file a claim. In some instances, you may request compensation through a liable party’s insurance company. At other times, you may want to file an injury lawsuit.
When you request damages, you may ask for compensation to cover your economic and non-economic losses. A judge or jury may award economic damages for your medical bills, lost wages, and other quantifiable harm. You may receive non-economic compensation for pain, suffering, and other subjective losses.
Proving Negligence In a Spinal Cord Injury Case
A spinal cord injury attorney in Charlottesville can answer frequently asked questions about negligence and other legal topics. Your attorney can help you build a body of evidence to prove that a liable party was negligent. To secure damages, you must verify that the following elements of negligence were present when you suffered your injury:
- Duty of Care: A party was legally required to avoid any acts that could put you in danger. An example is a driver required to stop at a stop sign or following other rules of the road.
- Breach of Duty of Care: The party ignored their legal obligation and committed a harmful act. This would occur if a driver failed to stop for a stop sign.
- Causation: The party’s actions contributed to your injury. Without their conduct occurring, the injury would not have occurred. Using the same example, a driver ran a stop sign and then crashed into you.
- Damages: You have incurred economic or non-economic losses relating to your injury. Due to the driver not stopping at a stop sign and causing a crash, your sustained injuries.
Medical records, accident scene photos and videos, and other forms of proof may be used to support your case. Your lawyer can help you collect and evaluate evidence. They may work with you to develop a body of proof that helps compel a judge or jury to rule in your favor.
Our attorneys will investigate the case to gather all needed evidence. We will then package the fault-based evidence and the medical evidence into a demand package for the insurance company.
If the insurance company does not pay you what your case is worth, we will proceed to litigation. That’s when we file a lawsuit to seek the full amount the insurance company owes you.
Charlottesville Spinal Cord Lawyer Near Me (434) 817-3100
How Contributory Negligence Applies to Your Case
Following an accident that leads to an injury, you may be forced to deal with contributory negligence. In Virginia, you must make it clear to a judge or jury that you are in no way responsible for causing your injury. If you are found to be at fault for causing your injuries, the defense will claim you are ineligible to secure damages.
For instance, you may suffer an injury to your spinal cord in a car accident caused by a driver who was speeding. The defendant in your case may prove that you were also speeding at the time of the crash, and the defendant may attempt to claim that your speed contributed to the crash in some way. Although the other driver was speeding, you may share the blame with them for your injury, and a judge or jury may choose not to award you damages.
Your Charlottesville spinal cord injury attorney will commit time and resources to help you create a compelling argument. Much in the same vein, they will consider how the defendant may dispute your claim. If there are concerns about the strength of your case, your lawyer may encourage you to settle.
Our experienced spinal cord injury attorneys know the tactics and strategies insurance companies use. We know the law, the exceptions to the law, and the exceptions to those exceptions. You can rest assured knowing that we will represent you fully and completely.
Spinal Cord Injury Case Settlement
In terms of verdicts and settlements, every injury case is different, and what you receive depends on many factors. The defendant in your case may offer a settlement in the hopes that you will accept far less than what you want. Or, they may propose to settle if they have concerns that you have a strong argument to use against them.
Your Charlottesville spinal cord injury lawyer will keep you up to date throughout your litigation and notify you about a settlement offer. If you get a proposal, it may be best to review it with your attorney. You can ask questions, share concerns, and hear what your lawyer has to say about the offer.
Any time you get a settlement offer, you are not legally obligated to accept it. If you believe that you may be able to get more money if you bring your case to trial, you may want to decline a proposal. When you reject a settlement offer, your lawyer will tell the defendant about your decision, and you and your spinal cord injury attorney in Charlottesville can continue to work together to strengthen your case.
It is important that you have a knowledgeable and skilled attorney negotiate your case for you. You may want to ensure you have enough to cover your future medical expenses. You will also want to make sure your settlement is structured to maintain government benefits. An experienced attorney will also be sure to pay any lienholders.
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Partner with an Experienced Spinal Cord Injury Attorney
No one should have to deal with the ramifications of a spinal cord injury on their own. At MartinWren, P.C., we may be able to help you request damages from the party responsible for your injury and put you in a strong position to get the compensation you want. To schedule a free case consultation, contact us today.
Spinal cord injuries combine complex medical concepts with very difficult legal concepts. We have the skills, knowledge, and experience to deal with both and to do so successfully.
At MartinWren, P.C., your recovery is our priority.
Call (434) 817-3100 or complete a Case Evaluation form
