Whether your spinal cord injuries have left you in debilitating pain or paralyzed, there is no denying the extreme impact an injury of this nature can have on your life. Depending on the severity of your injuries, you may be unable to take care of yourself and complete daily living tasks, let alone take care of or provide for your family.
When your life has been turned upside down by the wrongful or negligent actions of another, you have the right to hold them accountable for their negligence.
Working with a trial-tested Richmond spinal cord injury lawyer from MartinWren, P.C., could give you the edge you need to recover the fair compensation you deserve. Having earned 3 of the top 14 highest personal injury trial verdicts across the state in 2023, you can feel confident with a highly experienced Richmond personal injury lawyer from our firm handling your case.
You can learn more about whether you have grounds for legal action and how much compensation your damages could be worth when you contact our legal team to schedule a free consultation.
When to Sue for a Spinal Cord Injury
It can be difficult to know whether you have grounds for a spinal cord injury lawsuit or insurance claim. There are countless types of accidents and incidents that have the potential to cause spinal cord damage. Some of the most common types of events that our clients have reported to our Richmond spinal cord injury attorneys include:
- Motorcycle accidents
- Medical malpractice
- Commercial trucking accidents
- Animal attacks and dog bites
- Work-related accidents
- Construction accidents
- Nursing home abuse
- Car accidents
- Bicycle accidents
- Slip-and-fall accidents
For a legal consultation with a personal injury lawyer, call 434-817-3100
Richmond Spinal Cord Injury FAQ
Is There a Statute of Limitations for Spinal Cord Injury Claims?
Yes, there is a strict statute of limitations for personal injury lawsuits in Virginia. When filing a spinal cord injury claim, your lawsuit must be filed within two years of the accident date, according to Virginia Law §8.01-243. If your claim is not filed before time runs out, you may be prohibited from escalating your case through the civil court system.
If you believe the statute of limitations may be inaccurate because the liable party has moved to another state, your minor child suffered a spinal cord injury, or you are dealing with a delayed diagnosis, be sure to address these concerns with your Richmond spinal cord injury attorney.
The law may allow the statute of limitations to pause temporarily if extenuating circumstances apply. If so, you can find out how much longer you have to file your claim by discussing the specific details of your case with your Richmond catastrophic injury lawyer.
Are There Caps on Damages in Richmond Spinal Cord Injury Lawsuits?
Technically, there is no limit on the amount of compensatory damages you can be awarded in Virginia personal injury claims. You have the right to be repaid for the total value of your losses, according to the Virginia Model Jury Instructions. However, the state does have limits on the amount of compensation that can be recovered in specific types of cases.
First, if your spinal cord injury was caused by medical malpractice, there may be a cap of $2.6 million on your damages depending on when your healthcare provider’s negligence occurred, according to Virginia Code § 8.01-581.15. There is also a cap on the amount of compensation that can be awarded for punitive damages. According to Va. Code Ann. § 8.01-38.1, the maximum amount of punitive damages you can be awarded in any type of personal injury case is $350,000.
How Much Compensation Could I Be Awarded?
Your spinal cord injury lawyer in Richmond will need to carefully review the specific details of your case to determine how much compensation you may be entitled to. You should be paid for the total value of every economic and non-economic loss. Some examples of these compensatory damages could include:
- Reduced quality of life
- Loss of consortium
- Pain and suffering
- Loss of future potential earnings
- Wage losses, including tips, salary, and hourly pay
- Current and future medical bills, equipment, devices, and expenses
- Loss of benefits provided by your employer, including retirement savings and health insurance
- Disfigurement, permanent disability, or scarring
- Loss of household services, including childcare and household upkeep
- Feelings of shame, inconvenience, apprehension, fear, or indignity
Will Punitive Damages Increase My Settlement?
If punitive damages can be awarded in your case, it may increase the value of your total settlement. However, punitive damages are a rare award and can only be issued if the defendant’s conduct warrants further punishment per Virginia Law § 8.01-38.1.
If we can demonstrate that the liable party was malicious, intended to cause your injuries, or engaged in conduct that grossly disregards the risk of that conduct, we may be able to convince the judge to allow us to seek punitive damages in addition to the total value of your compensatory losses.
If the Insurer Quickly Offers Me a Lump Sum, Should I Accept it?
No, we do not recommend you accept a quick, lump-sum settlement offer from the insurance company, especially when you are dealing with a spinal cord injury. Injuries of this nature are some of the most complex and often have lasting consequences. You may find your condition worsens or deteriorates over time.
If you hastily accept a lump-sum settlement offer, the insurance company will not be responsible for covering any additional costs. If you blow through your insurance settlement covering your ongoing medical expenses, you may find yourself stuck covering these costs out of your pocket.
You can protect yourself and your finances by refusing a hasty lump-sum settlement offer from the insurance company and having your Richmond spinal cord injury lawyer with MartinWren, P.C. renegotiate settlement terms.
Get Help from a Trial-Proven Spinal Cord Injury Lawyer in Richmond Today
Out of work, unable to move around as you did before the accident, and struggling to cope emotionally, you may be at your wit’s end and ready to take action against whoever is responsible for causing your injuries.
While resting and recuperating should be your top priority, you can also demand justice and the compensation you deserve when you turn to a dedicated spinal cord injury attorney in Richmond from MartinWren, P.C. With our firm fighting for your rights, you can breathe a little easier knowing we are working tirelessly to maximize your settlement.
We are not afraid to call out profit-seeking insurance companies. We will do everything possible to prevent the insurance company and liable parties from taking advantage of you or getting away with settling for less than your damages are worth. Get started on your legal claims as soon as today when you call our office or fill out our convenient contact form to schedule your free, no-obligation consultation.
Call 434-817-3100 or complete a Case Evaluation form
