It should come as no surprise that the details of your spinal cord injury are extremely important if you decide to file a spinal cord injury lawsuit. Every detail matters, and the lack of a singular detail could make a difference in whether or not you are awarded compensation for your injury.
Because of this, one of the first things you must do after sustaining a spinal cord injury is compile a timeline of events following your injury. Your timeline should follow each day, starting weeks before your injury to show how healthy and able you were before your spinal cord injury. This timeline is just one of the aspects you should consider while collecting the details of your case.
Another good idea is to describe your injury in detail in a voice recording immediately following your injury. This recording should involve all relevant details of your injury. These details can sometimes be hard to remember as weeks and months go by, so it is a wise idea to make this recording as soon as possible. Trauma can often make remembering the details of an injury difficult.
In order to ensure you get the compensation you deserve after your spinal cord injury, here are a few points to consider following your spinal cord injury:
1) Gather as Much Evidence as Possible Related to Your Case
A personal injury case relies heavily on the details. While this is not a surprise, it is important to remember this in the early days of your spinal cord injury. The stronger the evidence, the better the chance you have at winning your case. Some of the evidence you need to include is the cause of your injury, along with damages incurred due to your injury. Damages include pain and suffering, medical bills, lost wages, and any other expenses such as home renovations.
Evidence that proves the fault of the person or organization being sued is vital to any personal injury case. As the plaintiff in a personal injury case, you need to provide as much documentation as possible that shows exactly why the party you are suing is guilty. This evidence should prove fault in situations such as medical malpractice, a defective product, unmaintained premises, or an act of violence.
2) Do Not Talk About Your Case Online
One of the golden rules of any lawsuit is to never share details of your case on the internet. This is especially true with a personal injury case involving a spinal cord injury. This means that you should not share any photos of your injury or of you in the hospital. Also, remember not to refer to your injury on any social media channels, including status updates, blogs, emails, or starting a website for friends and family to follow your progress online.
Anything you say online can be used against you during your lawsuit. This is why you should also avoid talking about your injury on any message boards or spinal cord injury chat groups. Posts made here can hurt your case, even if you think the site is private. Remember, the internet is never 100% private.
For example, if you show any evidence online that you are doing okay online, such as posting a status saying “I’m having a good day today,” a defense attorney could use that against you in court. This can result in a lowered compensation, or a refusal of settling out of court.
3) Know Your State’s Statute of Limitations
The phrase statute of limitations refers to the deadline for when you can file a spinal cord injury lawsuit. This deadline varies state by state. You’ll want to find out when the deadline for filing a lawsuit in your state. Typically, the statute of limitations is two years following an injury. This means you only have two years to file a lawsuit after your injury. After two years past the date of your injury, you can no longer file a personal injury claim, meaning you will miss out on the financial compensation you need and deserve.
To learn more about your state’s statute of limitations, you can also speak with an experienced spinal cord injury lawyer who can explain how the statute of limitations work. Always make sure to look for an experienced lawyer who dedicates their time to your case. Choosing the right lawyer for your case is one of the most important decisions you will make after your spinal cord injury.