One of the most frequent questions someone with a spinal cord injury will ask a lawyer is if they have a case regarding a possible personal injury claim (lawsuit), and if it could win in court. Usually this question can be answered by asking a series of questions.
If you’re wondering if you have a case after your spinal cord injury, here are the questions you should ask yourself. If you answered yes to most of these questions, please contact us so that we can help you with the next steps in your personal injury claim.
Is Their Liability?
Sustaining a spinal cord injury doesn’t necessarily mean there’s always someone or an entity that is liable for your injuries. Sometimes however it is quite evident there is the guilty party. In black and white cases such as this, it can be easy to show liability. There are many situations however where liability lands in a gray area. An experienced spinal cord injury lawyer can help see you through this.
Is There Enough Evidence?
Even though someone may be responsible for your injury, can you prove that they are responsible? In a court of law, having physical evidence is essential to a case. To prove personal injury case in a spinal cord injury, but you’ll need to gather medical records and statement doctors to show the extent of the SCI and how it occurred. Witness testimony is also key. If this can be acquired, this will especially help prove your case if your case goes to trial and a jury is involved.
Has the Statute of Limitations expired?
Each state has a set date on how long you have until you can file a lawsuit. This is called a Statute of Limitations. For many states, it is usually 2 to 4 years after the date of the injury. It’s always in your best interest of file your personal injury lawsuit as soon as possible in order to avoid losing out on financial compensation because your state’s statute of limitations expiring.
Will the Defendant be Able to Pay?
Even if you can prove liability and you have adequate evidence, if the defendant does not have enough money to pay your claim, it may not be worth your time, especially if the lawyer and court costs outweigh whatever financial compensation you may receive if you win your case.
Are You Willing to Settle Out of Court?
Are you willing to go into mediation and settle out of court if the defendant asks? In many personal injury cases, this is recommended vs. going to trial, as the money is needed right away to pay for important costs related to your injury, such as medical bills, rehabilitation, home renovations and medical equipment.
We hope the above answers helped. If you still aren’t sure if you have a case, please contact us for further questions.