A spinal cord injury can cause temporary or permanent changes affecting sensation, movement, strength, and internal organ function. With consequences this serious, you face many personal and financial challenges. If your injury occurred due to someone else’s negligence, you may be able to seek compensation. Consult our spinal cord injury lawyer serving Harrisonburg.
The Pendleton Law Team’s personal injury lawyer serving Harrisonburg. Since 2011, we have helped thousands of injured people navigate insurance claims and lawsuits. Talk to us to find out what we can do for you. We are the Heavy Hitters®.
Choosing the Pendleton Law Team to Represent You After a Spinal Cord Injury
The Pendleton Law Team is small enough to care about each individual client, yet big enough to deploy considerable resources on your behalf. Choosing us means that you have:
- Experienced representation and a lawyer who works to understand your needs
- A lawyer who will not charge you for their time unless they win your case
- Access to professionals with a deep understanding of the insurance industry
- An attorney who cares about client service and keeps you informed
- A law firm that uses technology to streamline systems without detracting from in-person service
- Access to a network of expert witnesses who contribute their analysis of your situation to your case
Instead of chasing growth above all else, we’ve focused on continually improving the client experience. That reflects in our testimonials across consumer review platforms. We understand the longer-term implications of your spinal cord injury, and we want to help you seek justice.
Elements of a Settlement in Spinal Cord Injury Cases
When another party or parties caused your injury, you can seek compensation for a range of damages covering your past, present, and future costs. The value of a settlement depends on the nature of your damages and the severity of your injury. In spinal cord injury cases, the following may apply:
- Medical costs resulting from your injury, with future costs taken into account
- Loss of wages during recovery, and loss of earning capacity when your injury affects your ability to work
- Other costs you incur due to your injury, for example, home alterations that address mobility challenges
- Your personal pain and distress, including loss of the ability to enjoy life in the same way you did before you were injured
Due to the long-term costs associated with a spinal cord injury, this sometimes means you have a very high-value claim. Unfortunately, many people accept settlements that don’t fully cover their medical costs or address their other damages. Hiring an experienced attorney improves your chances of recovering a fair settlement.
How Contributory Negligence Affects Your Ability to Recover Compensation
Virginia courts consistently follow the common law principle of pure contributory negligence. It sets a very high bar for people seeking compensation for injuries. If they are as little as 1% at fault, they cannot recover any compensation.
With what may be a high-value settlement at stake, defendants are highly motivated to show that some error on your part substantially contributed to your injuries. Your spinal cord injury lawyer serving Harrisonburg must work to navigate this extremely delicate legal landscape, using every resource possible in an effort to show that defendants are liable for damages.
Although working with a lawyer helps people in all US states, Virginia’s approach to personal injury law underscores the need for professional representation. Be careful about discussing fault with other parties before you understand your legal rights.
The Timeframe Available to Bring a Lawsuit Against At-Fault Parties
You have a limited timeframe to take legal action in injury cases. Per Va. Code Ann. § 8.01-243, you generally have two years to bring a lawsuit. Certain exceptions may apply, and your attorney serving spinal cord injury survivors in Harrisonburg will advise you in greater detail.
At the same time, you should act as soon as possible. This gives your attorney time to investigate thoroughly and assess your accident and long-term damages. We might also be able to preserve time-sensitive evidence that would otherwise be lost. For example, surveillance camera footage is often deleted after a set period.
Of course, spinal cord injury victims and their families often have a lot to process before they begin to consider bringing a lawsuit. If we believe you have a case, The Pendleton Law Team will leave no stone unturned when seeking justice on your behalf.
Settlements vs Verdicts in Spinal Cord Injury Cases
As your legal representatives, we first work to build an evidence-based claim on your behalf. If we can develop a strong case based on the evidence we gathered, we generally begin by seeking compensation from the at-fault party’s insurer.
Once we submit an insurance claim, we expect questions, requests for additional evidence, and objections based on their opinions about fault. If we address these points effectively, you may receive a settlement offer. Initial offers often fail to recognize the full extent of your damages. We negotiate with insurance companies to recover compensation that reflects your damages.
If we reach a point where we believe a settlement is worth considering, we will advise you on any associated pros and cons. If not, we will be ready to argue your case in court. While a court verdict generally takes longer than a negotiated settlement, it is sometimes worth letting the process run its course.
Your Spinal Cord Injury Attorney Serving Harrisonburg Has Experience Across Accident Scenarios
Every accident is unique, and we prefer not to make generalizations. However, you might want to know that your attorney has experience handling an accident that’s similar to yours. Although we can’t list every type of incident that can lead to a spinal cord injury, spinal cord injuries often result from:
- Car or truck accidents
- Pedestrian accidents
- Motorcycle or bicycle accidents
- Slip and fall accidents
- Construction accidents
While we can’t help every person who has a spinal cord injury, the circumstances under which your injury occurred can mean that you should seek justice under Virginia law. If so, you can be spared much of the worry that comes from dealing with a long-term or life-changing injury.
Schedule Your Free Consultation Today
If you’d like to learn about your legal options, schedule a free consultation with The Pendleton Law Team. We will review your case and share the benefits of our experience.
Our spinal cord injury lawyer represents clients in Harrisonburg. We want to help you, so don’t hesitate to call us.