Unfortunately, in the field of personal injury law, we see a lot of spinal cord cases. Why? Because when the sensitive bundle of nerves within the spinal column are damaged, the results can be devastating. Not only can the victim suffer with long last pain, tingling, or numbness in multiple regions of the body, he or she can also end up with permanent disabilities as a result of the injury.
The short answer to the question, ‘can I file a claim for a spinal injury’ is yes. However, as with most topics related to law, there is a much longer answer as well. In most cases, a person has every right to file a lawsuit if he or she was a victim of an accident that resulted in spinal cord damage. However, there are reasons why he or she might fail to receive any compensation. So, let’s look at those.
Lack of Negligence In order to bring a lawsuit to the courts, there must be a defendant named. Who is the defendant? The person or entity responsible for the accident. If you can’t name a negligent party, then there is no one to sue, and therefore a case isn’t going to go anywhere. However, before you determine who is negligent, speak to an attorney. You may not be considering the circumstances from the right angle, but those who have dealt with similar cases will be able to provide a more thorough inspection of the facts.
Statute of Limitations Another issue that spinal cord injury victims run into, when trying to take their cases to court, is something called the statute of limitations. This is a legal stipulation, which requires a case to be filed within a specified period of time after the accident occurs. Therefore, if you wait too long to file, the courts might forbid it.
Burden of Proof The final thing that could hold your case up is the need for concrete evidence. You must be able to proof that the defendant was negligent and that the accident resulted in the symptoms that you are now suffering from. If that evidence cannot be brought forth, then your case is done before it starts. Speak to an attorney about the type of evidence you will need to supply.
If you need assistance filing for compensation for your spinal cord injury, give us a call today.