Understanding how to sue for a spinal cord injury after an accident can help you recover compensation from a liable party. A Lafayette spinal cord injury lawyer can start by investigating your accident and filing an insurance claim or a personal injury lawsuit against a liable party.
You will need to prove that another party’s negligent actions caused the injury. This process involves gathering evidence, calculating damages, and negotiating with insurance companies or presenting the case in court. You must also meet legal filing deadlines, such as the statute of limitations.
While you rest and recover from your injuries, an attorney can develop your claim and advocate for justice and a fair financial recovery.
How to File an Insurance Claim for a Spinal Cord Injury After an Accident
Filing an insurance claim for a spinal cord injury is often the first step in recovering compensation after an accident. This process involves notifying the at-fault party’s insurance company, providing evidence of your injuries, and negotiating a settlement.
For example, you and your attorney will have to take the following steps:
- Notify the insurance company: Inform the at-fault party’s insurance provider about the accident as soon as possible. Provide basic details, such as the date, location, and parties involved. Avoid giving recorded statements or accepting fault without legal advice.
- Gather evidence: To support your claim, collect evidence that demonstrates the other party’s negligence and the extent of your injuries. This may include accident reports, medical records, photos of the scene, and witness statements.
- Document your losses: Keep detailed records of all expenses related to your spinal cord injury, including medical bills, lost wages, rehabilitation costs, and any other financial or emotional damages caused by the accident.
- Negotiate a settlement: Once the claim is submitted, the insurance company may offer a settlement. However, initial offers are often lower than what you deserve. It’s essential to evaluate the offer carefully and negotiate for fair compensation.
A Lafayette personal injury lawyer can guide you through this process, handling all communications with the insurance company and advocating for a settlement that fairly accounts for your medical expenses, loss of income, and pain and suffering.
If a fair agreement cannot be reached, they can help you explore other legal options, such as filing a personal injury lawsuit.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientHow to File a Personal Injury Lawsuit for a Spinal Cord Injury After an Accident
If an insurance settlement doesn’t cover the full extent of your damages after a spinal cord injury, filing a personal injury lawsuit may be necessary. This legal process allows you to seek compensation directly from the at-fault party. Here are the key steps involved:
- Consult an experienced lawyer: Before filing a lawsuit, consult a personal injury lawyer to evaluate your case. They can determine whether the evidence supports your claim and help calculate the damages you’re entitled to recover.
- Prepare and file the complaint: Your lawyer will draft and file a legal document called a complaint, which outlines the details of the accident, the defendant’s negligence, and the damages you are seeking. This officially starts the lawsuit.
- Serve the defendant: After filing, the defendant must be formally notified of the lawsuit through a legal process known as service of process. This ensures that the defendant is aware of the claim and has a chance to respond.
- Discovery phase: Both parties exchange evidence and information related to the case during the discovery phase. This may include depositions, medical records, accident reports, and expert testimony to establish the severity of your spinal cord injury and the defendant’s negligence.
- Negotiation and mediation: Many personal injury lawsuits are resolved before trial through negotiation or mediation. Your lawyer will work to secure a fair settlement that accounts for all your damages, including medical costs, lost income, and pain and suffering.
- Trial: If a settlement cannot be reached, the case proceeds to trial. At trial, both sides present their arguments, and a judge or jury will determine whether the defendant is liable and how much compensation you should receive.
Filing a personal injury lawsuit can be complex, especially for catastrophic injuries like spinal cord damage. A Lafayette personal injury attorney can guide you through every step of the process, ensuring that your case is presented effectively and that you seek the compensation you deserve.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientHow Long You Have to Sue for an Accident-Related Spinal Cord Injury
Recent legislative changes in Louisiana have extended the time frame for filing personal injury claims. Under HB 315, Act 423, the statute of limitations for most personal injury claims, including spinal cord injuries, has been lengthened to two years from the date of the injury. However, it’s important to note that product liability claims are an exception to this rule and remain subject to a one-year statute of limitations.
This change applies to claims arising on or after July 1, 2024. If your spinal cord injury occurred before this date, the previous one-year deadline may still apply. Consulting with a personal injury lawyer can help ensure your claim is filed within the appropriate time frame, protecting your right to seek compensation.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWe Can Help You Sue for a Spinal Cord Injury After an Accident
Understanding how to sue for a spinal cord injury after an accident helps ensure you take the right steps to recover compensation for medical expenses, lost wages, and long-term care. Whether filing an insurance claim or pursuing a personal injury lawsuit, the process can involve challenges.
At Laborde Earles, our experienced Lafayette personal injury lawyers are here to assist you every step of the way. If you or a loved one has suffered a spinal cord injury, contact us today to discuss your case during a free initial consultation.
