Spinal injury patients may experience pain, health complications, and disabilities for the rest of their lives. If you’ve suffered even a mild spinal cord injury in an accident caused by a reckless driver, negligent property owner, or assailant in Newport News, VA, call a spinal cord injury lawyer ASAP.
The attorneys at the Pendleton Law Team understand how painful and frightening a serious spinal injury can be, which is why we devote our lives to protecting the legal rights of catastrophic injury victims like yourself. We’ll do everything we can to lighten the burden you’ve been forced to bear, including fighting for financial support and other benefits.
Compensation You Might Receive with the Help of Our Injury Lawyers
Spinal injuries come with a number of long-term costs. Our team has worked with countless clients dealing with spinal cord damage in the past, so they’re familiar with all of the treatments and accommodations you’ll need to manage your injury.
Depending on the level of your spinal injury and how it’s expected to impact your health in the future, a spinal cord injury attorney may pursue compensation to cover your:
- Specialist appointments
- Surgeries
- Prescription medication
- Physical therapy
- Live-in care
- Mobility-related assistive devices
- Disability accommodations
- Home and vehicle modifications
While obtaining compensation for current and future medical expenses will be a large part of your attorney’s job, they’ll also seek reparation for other negative impacts that your injury has on your life, such as:
- Lost wages
- Decreased earning ability
- Pain and suffering
- Mental distress
- Reduced quality of life
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Proving Fault in a Spinal Cord Injury Case
To get the compensation you need to pay your medical bills, cope with the emotional fallout of your injury, and financially support yourself, your attorney must prove that the other party caused the accident and is liable for your injury-related losses.
First, a spinal cord injury attorney will investigate your accident and collect the evidence they need to show insurers how the accident played out. Once they have enough evidence, they’ll likely be able to establish the four elements of liability, which include:
Duty of Care
Duty of care is a legal term that refers to one’s obligation to act reasonably to prevent causing harm to others. For example, a truck operator owes it to other motorists to abide by traffic safety laws, avoid driving while fatigued, and turn on their turning signals before making a wide turn.
Before your attorney can prove that the other party is liable for your losses, they’ll have to demonstrate that they owed you a duty of care in the first place. If they can prove that the defendant was legally required to act in a way that prevented foreseeable harm, your case will be off to a good start.
Breach of the Duty of Care
Next, your injury attorney must prove that the other party failed to uphold the duty of care that was expected of them. Your lawyer may use photo and video evidence of the incident, witness testimony, expert witness statements, and other records to prove that the defendant breached the duty of care.
Causation
Once a spinal cord injury lawyer has proven that the other party failed to uphold their legal obligation to you, they must offer evidence that shows that the party’s failure directly caused your injury. Once they’ve proven that the defendant’s actions were the primary cause of your injury, there will be only one step left to prove fault.
Damages
To prove beyond a reasonable doubt that the defendant is liable for your losses, your attorney must provide evidence that shows your injuries have caused you to endure legitimate financial losses. They’ll likely use your medical bills to establish this element of liability.
Once one of our injury lawyers has successfully established all four elements of liability, the at-fault party’s insurance company will have no excuse to deny your claim. If your case goes to court, proof of these elements will likely convince jurors that you deserve compensation.
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Common Causes of Spinal Injuries in Newport News
To prove liability and secure the compensation you’re owed, your attorney will have to investigate your accident in Newport News, VA, gather important evidence, and find out what caused the incident. Since every spinal cord damage accident is slightly different, it’s important to hire a lawyer who’s worked on a variety of cases.
Our spinal cord injury lawyers have investigated dozens of different accident types. They have what it takes to successfully investigate any of the common causes of spinal injuries, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall incident
- Assault
- Surgical errors
- Medical malpractice
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Don’t Wait to File a Spinal Cord Injury Claim
If you’ve suffered spinal cord damage in a car accident or another incident caused by a negligent individual in Newport News, VA, waiting to file a personal injury claim is the worst thing you can do. That’s because Virginia has a strict filing deadline for all injury lawsuits.
According to Virginia Code §8.01-243, you have exactly two years from the date of your injury to file a civil suit. Failure to act within this timeframe could stop you from receiving the damages you need to pay medical bills and make up for your inability to work.
A spinal cord injury attorney can help you get your suit filed on time, but it’s important that you contact one ASAP. If you’ve delayed legal action and your deadline has expired, contact a lawyer anyway. They can advise you on alternative methods of securing damages.
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Get Started on Your Claim Today
Sustaining a mild or severe spinal injury in a traumatic accident can have consequences that affect you for the rest of your life. If another person’s careless behavior caused your spinal cord damage, you deserve to hold them accountable for your pain and financial losses.
At the Pendleton Law Team, we know from our experience helping other clients that spinal injuries can have a devastating impact on your mental and physical health. We’re here to help you hold the guilty party liable for the damages you need to give yourself a better future. Contact us today to get started on your claim.
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