The Law Offices of Ogle, Elrod & Baril, PLLC understand the difficulties you may have recovering from a spinal cord injury caused by someone else’s negligence. If you have a viable case, we can help you pursue compensation for this serious disability that could possibly cost you thousands of dollars in medical care.
You may be eligible to recover compensation for your medical bills, lost wages, pain and suffering, and other damages from the party that caused your injury. We can handle all aspects of your case and communicate with the other party’s insurance company on your behalf. A spinal cord lawyer in Corryton may be able to help.
Call us at 865-546-1111 today.
Tell Us About Your Spinal Cord Injury
Before we begin our investigation of your case, we would like details about the event that caused your spinal cord injury.
Car accidents are a major cause of spinal cord injuries. Discussing how you sustained your injury helps us to know what type of evidence we will need to collect to build your claim.
Determining Fault for Your Spinal Cord Injury
Before filing a personal injury claim, we must identify the party responsible for causing the event that led to your spinal cord injury.
For instance, if you were involved in a car wreck caused by a drunk driver, our evidence must show how the driver’s negligence or recklessness caused your spinal cord injury. In this case, we would collect such evidence as:
- A police report of the accident
- The driver’s blood alcohol content level at the time of the crash
- Your medical records which confirms your spinal cord injury
- Photographs of the accident scene
- Video footage of the accident
- Statements from eyewitnesses
We May Find Other Parties Liable for Your Injury
During our investigation, we may discover that other parties may be responsible for your spinal cord injury. For example, if your vehicle was hit by an 18-wheeler, we would determine whether the trucking company contributed, in any way, to the accident.
To do this, we may send a letter to the trucking company asking for specific records, such as the company’s inspection, repair, and maintenance schedule for the truck. The records may show that the truck’s poorly maintained tires or brakes contributed to the accident.
If we find that another party contributed to your accident, we may file a claim to recover damages for your injury.
An Insurance Company May Want Independent Proof of Your Spinal Cord Injury
Keep in mind that the other party’s insurance company may challenge the severity of your spinal cord injury. Although your medical records offer proof of your injury, an insurance company may not solely rely on your doctor’s opinion.
You might be asked to take an independent medical examination performed by a doctor selected by the insurer. The insurer may want to determine whether your spinal cord injury is as serious as you claim. This move is not surprising because insurers do not like paying out large settlements. The company may use the independent medical exam results to devalue or deny a claim.
If you are asked to take an exam, a spinal cord lawyer in Corryton can advise you on how to protect yourself so you do not risk having your compensation reduced.
Comparative Negligence in a Spinal Cord Injury
Tennessee’s comparative negligence law may play a factor in your claim. Under this law, injury victims can see their total compensation amount reduced based on their percentage of fault for their own injury.
For example, if you ignored a “wet floor” sign in a grocery store, and slipped and fell, and suffered a spinal cord injury, you may be found partially at fault for causing your injury.
We Must Prove Negligence to Win Compensation for Your Claim
To prevail in a case, we use the evidence we collect to prove how the at-fault party’s negligence caused your spinal cord injury.
We must show that the defendant owed you a duty of care, and the defendant’s negligent actions violated this duty and caused you to sustain an injury. And, as a result of your injury, you suffered damages.
Recovering Damages for a Spinal Cord Injury
We can file your injury claim and negotiate a fair settlement, on your behalf, with the at-fault party’s insurance company. Although you may recover a variety of damages for a spinal cord injury, the most common damages include:
These are present and future medical expenses for hospital bills, physical therapy, assistive mobility devices, and more.
These are the present wages that you have lost because you have been off from work. This also includes wages you may lose in the future because you may not be able to return to work.
Pain and Suffering
These are the physical, emotional, and mental damages suffered because of your disability.
Recovering Additional Non-Economic Damages
If a spinal cord injury results in paraplegia or quadriplegia, Tennessee removes the $750,000 cap for non-economic damages, and increases the amount to $1 million. We may pursue these additional damages if you suffered either type of paralysis.
We will help you to recover as much compensation as possible for your spinal cord injury.
Call Today for a Free Consultation
Tennessee’s Statute of Limitations gives you one year from the date of your injury to file a claim. The sooner you decide to pursue compensation, the sooner we can start building your case.
Call The Law Offices of Ogle, Elrod & Baril, PLLC today at 865-546-1111.