A spinal cord injury from a car accident, truck accident, or motorcycle accident can have a lifelong effect on you and your family. If someone else’s negligence caused you or your loved one to suffer a spinal cord injury, a spinal cord lawyer in Clinton can help you seek compensation.
The Law Offices of Ogle, Elrod & Baril, PLLC, helps spinal cord injury victims in Tennessee recover compensation for their financial losses while holding the party who caused the injury legally liable. Contact us today at 865-546-1111 for a free legal consultation on how you can recover the compensation you deserve.
Our law firm has helped many individuals pursue a settlement for medical bills, lost wages, future medical needs, pain and suffering, and other damages. Call us today to see how we can help you.
How Much Compensation Can I Recover for My Injury?
The amount of compensation you can pursue depends on the severity of your spinal cord injury. For example, if your injury caused complete paralysis and you lost motor function, there is a strong chance that you will require specialized medical care and daily assistance for the rest of your life. In this case, you would be eligible for enough compensation to pay for this continuing treatment for years to come.
We will ask you about the severity of your injury, the treatments you have been receiving, and how your injury has affected your life during your legal consultation. Depending on the severity of the damage to your spinal cord, you could pursue a non-economic damage award for a catastrophic injury.
Does Tennessee Classify a Spinal Cord Injury as a Catastrophic Injury?
Generally, Tennessee law allows plaintiffs to pursue non-economic damages of up to $750,000 for certain injuries. However, that amount increases to $1 million if a person suffers a catastrophic loss or injury, which includes a spinal cord injury that resulted in paraplegia or quadriplegia. If this applies in your case, you might qualify for this higher damage cap.
Do I Have to Go to Court to Pursue Compensation?
You may not have to file a lawsuit to recover compensation if we can reach a settlement with the insurance company of the party who caused your injury. Our firm’s attorneys have decades of combined experience handling insurance claims. This means we file claims and negotiate settlements to get our clients fair compensation for their damages.
Insurance companies often try to save money by denying claims, delaying a settlement, or offering low settlements. If an insurer offered you a quick settlement for your injury, we recommend you speak with us before accepting it.
A spinal cord injury requires significant medical care. If you accept a quick offer without accounting for the care you will need in the future, you may have to pay these long-term expenses out of your own pocket. Once you accept a settlement, you cannot reopen your case.
We make sure our clients receive full compensation for their present and future needs. When insurance companies reject a claim or do not want to offer full compensation, we will not hesitate to file a lawsuit and take the claim to court.
What If the At-Fault Party Does Not Have Liability Insurance?
We will speak to you about legal options available if you suffered spinal cord damage in an uninsured motorist accident. You may be able to file a claim against your own auto insurance company if you have Uninsured or Underinsured Motorist (UM/UIM) coverage.
Under state law, all auto insurance providers must offer this type of coverage to policyholders. You can opt out in writing if you choose. If you did not opt out of your UM/UIM plan, you should be able to recover compensation, even if the at-fault driver did not carry insurance.
We will discuss all the legal options available for you to recover compensation based on the circumstances of how and where your injury occurred.
How Do I Prove That Someone Else’s Negligence Caused My Injury?
Whether you file an insurance claim or a lawsuit, you must prove that the at-fault party’s negligence caused you harm. We can help you fulfill this requirement by conducting a thorough investigation into your case. This means we would collect evidence that proves the following four elements of negligence:
- The at-fault party owed you a duty to exercise reasonable care to ensure your safety;
- They breached that duty by causing an accident;
- This negligence caused your injury; and
- You suffered damages because of the injury.
We also work with subject matter experts, such as accident reconstruction specialists and medical professionals, to provide additional proof of how your accident occurred and who was at fault for your injury.
What Type of Damages Can I Pursue?
A spinal cord injury requires extensive medical care and major readjustments in your personal life. You can seek damages that include compensation for:
- Current and future medical expenses;
- Hospital bills;
- Lost wages;
- Loss of earning capacity;
- In-home health care;
- Assistive medical devices;
- Lost wages;
- Car repair or replacement costs;
- Pain and suffering; and
- Emotional distress.
Depending on how your accident occurred, we may seek punitive damages, as well. A judge can award punitive damages to punish defendants who intentionally caused harm with their recklessness and carelessness.
Call a Spinal Cord Injury Lawyer Today.
The dedicated attorneys at the Law Offices of Ogle, Elrod & Baril, PLLC, shoulder the responsibility of filing legal paperwork and negotiating with insurance companies so our clients can spend time recovering from their traumatic injuries.
Call us today at 865-546-1111 for a free, no-obligation legal consultation. Our firm works on a contingency fee basis, which means that you do not pay us unless we successfully resolve your case.