Filing a Spinal Cord Injury Claim: How to Seek Compensation for Life-Altering Injuries in New Jersey

September 11, 2024

A spinal cord injury is one of the most devastating types of personal injury, often resulting in permanent disability, chronic pain, and a lifetime of medical care. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, you may be entitled to compensation. Filing a spinal cord injury claim can help you recover the financial resources necessary to cover medical expenses, lost wages, and the emotional toll of the injury.

This blog will serve as a helpful guide for victims of spinal cord injuries seeking compensation, providing a clear overview of the legal process and how a personal injury lawyer can help you get the compensation you deserve.

Understanding Spinal Cord Injuries

Spinal cord injuries (SCIs) involve damage to the spinal cord that affects motor function, sensation, and bodily control. These injuries are often life-changing and can lead to conditions such as paralysis (quadriplegia or paraplegia), loss of movement, and significant physical limitations.

SCIs are commonly caused by:

Car Accidents: Motor vehicle collisions are one of the leading causes of spinal cord injuries.

Slip and Fall Accidents: Falls from heights or slipping on hazardous surfaces can lead to spinal cord damage.

Sports Injuries: High-impact sports like football, wrestling, or gymnastics can cause severe spinal injuries.

Workplace Accidents: Construction site accidents, falling objects, or machinery malfunctions can result in spinal cord injuries.

Acts of Violence: Stabbings, gunshot wounds, or assaults may also cause damage to the spinal cord.

Regardless of how the injury occurred, if it was caused by negligence, you may be able to file a personal injury claim for compensation.

What Compensation Can You Seek in a Spinal Cord Injury Claim?

The long-term financial impact of a spinal cord injury can be overwhelming. A spinal cord injury claim can help you recover compensation for various damages, including:

Medical Expenses

A spinal cord injury often requires extensive medical treatment, including:

Hospitalization
Surgeries
Rehabilitation and physical therapy
Assistive devices such as wheelchairs or braces
In-home care or nursing support
Ongoing medical appointments and follow-up care

Medical bills for spinal cord injuries can easily total hundreds of thousands or even millions of dollars over a victim’s lifetime. A personal injury claim can help cover these costs.

Lost Wages and Future Earnings

Spinal cord injuries can prevent you from returning to work or significantly limit your earning capacity. A successful claim can help recover lost wages for the time you’ve already missed at work and provide compensation for the loss of future earnings if you’re unable to return to your previous job or any form of employment.

Pain and Suffering

A spinal cord injury often results in chronic pain, emotional distress, and a reduced quality of life. Compensation for pain and suffering takes into account the physical and emotional toll of living with a spinal cord injury, including the frustration, anxiety, or depression that may accompany the loss of mobility or independence.

Home Modifications and Assistive Technology

Many spinal cord injury victims need to modify their homes to accommodate their new physical limitations. This may include installing ramps, widening doorways, or adding specialized equipment. A personal injury claim can cover these expenses, helping you maintain your independence.

Proving Negligence in a Spinal Cord Injury Claim

In order to file a successful spinal cord injury claim, you’ll need to prove that another party’s negligence caused your injury. This involves four key elements:

1. Duty of Care

You must show that the at-fault party had a legal duty to act with reasonable care to prevent harm. For example, drivers have a duty to operate their vehicles safely, and property owners must maintain their premises to prevent accidents.

2. Breach of Duty

You must demonstrate that the responsible party breached their duty of care. In a car accident case, this could mean the other driver was speeding, distracted, or violated traffic laws, leading to the crash that caused your injury.

3. Causation

Next, you’ll need to prove that the breach of duty directly caused your spinal cord injury. Medical records, witness statements, and expert testimony can help establish this link.

4. Damages

Finally, you must provide evidence of the damages you’ve suffered as a result of the injury. This includes medical bills, lost wages, and pain and suffering.

Why You Need a Personal Injury Lawyer for a Spinal Cord Injury Claim

Filing a spinal cord injury claim can be complex, and insurance companies often try to minimize payouts or deny claims altogether. An experienced personal injury lawyer can help you navigate the legal process, gather evidence, and negotiate with insurance companies to ensure you receive fair compensation.

Here’s How a Lawyer Can Assist With Your Case:

Building a strong case: A lawyer will investigate the accident, collect relevant evidence, and work with medical experts to establish the severity of your injury and its long-term impact on your life.

Negotiating with insurance companies: Insurance companies may try to offer a low settlement that doesn’t cover the full extent of your damages. A lawyer will negotiate on your behalf to ensure you receive fair compensation.

Representing you in court: If a settlement can’t be reached, your lawyer will be prepared to take your case to trial and fight for your rights in court.

Filing a Spinal Cord Injury Claim in New Jersey

In New Jersey, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident. It’s essential to act quickly, as waiting too long can jeopardize your ability to recover compensation.

An experienced lawyer at Bramnick Law can help you meet all filing deadlines, gather the necessary evidence, and ensure that your case is presented effectively.

Contact Bramnick Law – Your Trusted Personal Injury Lawyers in New Jersey

If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, don’t wait to seek legal help. The experienced attorneys at Bramnick Law are here to guide you through the process of filing a spinal cord injury claim and fight for the compensation you deserve.

Contact us today at 866-845-5571 or through our online contact form to schedule a consultation and learn more about how we can assist with your personal injury case.