Who can sue for a spinal cord injury?
- March 29, 2017
There are many causes for a spinal cord injury. These are typically catastrophic accidents that are life altering. The expense alone in treating the injury in the immediate aftermath is only compounded when one factors in the rehabilitative and other types of services that are needed for the remainder of the victim’s life. Because of this, a logical question is to ask at what point the sufferer of a spinal cord injury is able to sue. While not everyone with a spinal cord injury will be successful in a lawsuit, there are certainly grounds for many victims to receive financial compensation for their expanse and their pain and suffering. Let us look now at what it take to sue for a spinal cord injury.
Determining the Responsible Party
In order to actually have a spinal cord lawsuit, there must a party that is responsible for your injury. If you cannot determine who that person or entity is, or if that person is yourself, then will be difficult to sue. In many cases, the responsible party might not be that clear. There are also times when you can still if you caused the injury yourself, but for that to happen there will need to be a mitigating circumstance. If your injury was the result of you shooting yourself because the gun misfired, for example, you might have a lawsuit of negligence on the part of the manufacturer.
Was Your Spinal Cord Injury Made Worse by Somebody?
Just because there was not necessarily a responsible party for your initial spinal cord injury does not mean that somebody might not make the situation worse in the future. If someone has made the injury worse, you may be able to sue for damages at that point. An example of this can be seen in a doctor that fails in his or her obligation to treat your injuries quick enough. Another commonly cited example if the owner of a business where your injury occurred interfering with your ability to get to a medical facility as quickly as possible. It is quite possible that a spinal cord injury involves multiple parties who can be seen as being responsible to varying degrees. The victim is able to sue any all parties that are responsible, even if some of the people in the lawsuit were not involved in the initial injury itself.
Is the Party Responsible Able to Pay?
If you are considering a lawsuit for your spinal cord injury, you will want to consider if the responsible party is able to pay for you injuries. As this is an expensive injury, and the costs keep accumulating long after the injury itself has occurred, most private citizens are simply unable to afford any judgement that you do get against them. That means that you could spend a great deal of time going after an individual party, as is your legal right to do so, only to get an awarded a judgement that can never be paid. It is much better to work with a lawyer that will find a responsible party to your injuries that is in a much better position to pay. This might include a manufacturer or place of business.
Other Legal Issues to Consider
There are quite a few legal issues to consider as well when pondering whether or not you can bring a spinal cord lawsuit through to the end. You will want to make sure, for example, that your injury has not reached its statute of limitations. Depending on your state, there is set period of time after your injury when a lawsuit must be filed. Wait until after this date and you will be out of luck. You need to fill quickly if you feel that you have a case. You will also need evidence that supports you claim that the injury was caused by somebody else.
If you or a loved one has been affected by a spinal cord injury, it is time to contact our office for a free consultation. We can help you determine if a lawsuit is warranted, and we will fight vigorously on your behalf to get you the compensation that you deserve.