A spinal cord injury can devastate your life and impact the lives of your family members. Depending on the severity of your spinal cord injury, you may not be able to take care of yourself or work in the same job as you did before the injury.
If you are facing the potentially life-changing consequences of a spinal cord injury after an auto accident in Farragut, TN, you may be entitled to compensation. A spinal cord injury lawyer in Farragut, TN from the Law Offices of Ogle, Elrod & Baril, PLLC may be able to help. Call today at 865-546-1111 for a free, no-obligation case evaluation.
Proving Negligence in a Spinal Cord Injury Case
We will collect evidence to show how another party’s negligence caused an event that resulted in your spinal cord injury. This will help us to build a solid case that strengthens your claim for compensation.
Proving who is at fault in your car accident typically requires us to demonstrate four things:
- Duty of care. The at-fault party had a responsibility to avoid causing an accident, such as by obeying the speed limit or traffic signals.
- Breach of care. The at-fault party violated their duty of care toward you, such as by speeding or running a red light.
- Causation. The at-fault party’s negligence caused the accident.
- Damages. You suffered economic and non-economic injuries, losses, and expenses as a result of the accident.
A thorough investigation of the details of your case can reveal how multiple parties contributed to your injury, as well.
For example, your vehicle may have been hit by a car driven by an employee doing business for his or her employer. Besides the driver, you may also be able to hold the employer liable for your injury. If your accident occurred on a construction site, your employer, as well as the construction site owner or a contractor, may also be held liable for your injury.
Securing Evidence for Your Spinal Cord Injury Case
In our more than 25 years of experience working on personal injury cases, we have discovered that some of the most common causes of a spinal cord injury include:
- Motor vehicle accidents
- Violent assaults
- Athletic or recreational activities
A spinal cord injury lawyer in Farragut, TN can collect evidence related to the event that caused your injury. For instance, if you are a construction worker who sustained a spinal cord injury after falling from a scaffold, we may secure evidence such as:
- Documents of your employer’s past violations of federal, state, or local safety standards
- Documents of previous employee injuries
- Whether the employer provided protective equipment, such as safety harnesses, for employees
- Photos of the workplace accident site
- Eyewitness statements
In some of our investigations, we may retain accident reconstruction experts, medical professionals, or occupational experts to provide their opinions on complex cases.
The Importance of Medical Records
Your medical records that document the nature and severity of your spinal cord injury are crucial to your case.
Some spinal cord injuries cause a certain degree of paralysis in the legs and arms. And, if you suffered mobility problems, we may seek statements from you and your family members on how your daily routine has changed since your spinal cord injury.
To learn more about the type of evidence we collect in a personal injury case or how a spinal cord injury lawyer in Farragut may be able to help, call 865-546-1111.
Filing an Insurance Claim
Once we identify the party or parties responsible for your spinal cord injury, we can help you file a claim against the party’s insurance company.
Do not be alarmed if an insurance company disputes liability for your spinal cord injury. Insurers use certain tactics to attempt to devalue or deny claims. If this happens in your case, we will use the solid evidence we secured to prove negligence and support your claim for compensation.
Negotiating Your Insurance Claim
The Law Offices of Ogle, Elrod & Baril, PLLC handles all aspects of insurance claims, from filing a claim to negotiating settlements. We know how long it takes to settle a car accident case in Tennessee.
While we are usually successful in our negotiations, we also know that insurers are sometimes reluctant to offer a fair settlement. In these situations, we may file a personal injury lawsuit and resolve the case in court.
Recoverable Damages for a Spinal Cord Injury
Depending on the severity of your spinal cord injury, you may require ongoing medical care that interferes with your ability to work. We take your present and future health care and financial needs into consideration when we estimate the value of your case.
The most common damages that spinal cord injury victims can recover include:
Medical expenses involve costs for hospital stays, surgeries, visits to medical specialists, rehabilitation, physical therapy, home health care, mobility equipment, and more.
Lost wages include present and future wages, bonuses, commissions, and other income you may lose because of your inability to work or your reduced capacity for employment following your injury.
Non-Economic Damages for Catastrophic Injuries
Non-economic damages, such as pain and suffering, are not as easy to calculate as economic expenses, such as hospital bills. Nonetheless, you can pursue this category of damages.
Tennessee limits non-economic damage awards to $750,000. However, the state raises the limit to $1 million for four specific catastrophic losses or injuries, one of which is a spinal cord injury resulting in paraplegia or quadriplegia.
Depending on the severity of your spinal cord injury, you may be eligible to pursue the maximum compensation for your non-economic damages.
Contact a Spinal Cord Accident Lawyer Today
The Tennessee statute of limitations governs the amount of time you have to file a claim, starting on the day of your accident. The sooner you begin the process, the more time we will have to prepare a strong case that supports the compensation you deserve.
You do not have to face the challenges and complexities of personal injury law alone. Call the Law Offices of Ogle, Elrod & Baril, PLLC today for a free consultation to discuss the details of your case.