If you or a loved one suffered a spinal cord injury because of someone else’s negligence, turn to the Law Offices of Ogle, Elrod & Baril PLLC. We understand the long-term emotional and financial effects a spinal cord injury has on individuals and their family members. We can advise you of the legal options available to recover compensation from the party that caused your spinal cord injury.
Our firm has the resources to investigate the circumstances surrounding your spinal cord injury in Hamilton County. If we accept your case, we can help you file a personal injury claim to recover compensation for your medical bills, lost wages, pain and suffering, and other damages. To schedule a no-obligation consultation with a spinal cord injury lawyer in Hamilton County, TN call 1-865-546-1111.
Tell Us How Your Spinal Cord Injury Happened
We will ask you during your free consultation to describe how you suffered your spinal cord injury. Sports activities, falls, and motor vehicle crashes are among the leading causes of spinal cord injury. Our law firm, however, only handles spinal cord injuries that resulted from car accidents. The evidence we collect in our investigation will support your claim and show what caused your injury and who—or what entity—was involved.
Investigating Your Spinal Cord Injury
The cause of your injury will determine how we investigate your case. For example, if you suffered a spinal cord injury in a crash involving a passenger vehicle or commercial truck, our investigation would include collecting evidence, such as:
- A police report of the accident
- The truck driver’s past traffic violations
- Photographs of the accident scene
- Surveillance video footage of the accident
- Eyewitness statements about the accident
Your Medical Records Are Key to the Investigation
Of all the evidence collected in a personal injury case, medical records are essential because the documents show the nature and severity of an injury, and a doctor’s ordered treatment for the injury.
Your medical records will show whether you have a spinal cord injury that affects only the lower part of your body (paraplegia) or whether you have complete paralysis that prevents you from moving your arms and legs. The more severe your injury, the more compensation you can pursue for your long-term medical care.
Taking an Independent Medical Examination
When insurance companies face the possibility of paying a large settlement for a serious injury, it is not unusual for an insurance claims adjuster to ask an injury victim to take an independent medical examination.
Insurers may use this examination as a tactic to reduce or deny a personal injury claim. The doctor selected by the insurance company can claim that a person’s injuries are not as serious as the victim—or the injury victim’s doctor—claims. The doctor conducting the independent medical examination sends the report to the insurance company, which attempts to use it to devalue a personal injury claim.
If an insurance company requires you to take an independent medical examination, we can speak with you about what to expect and how to protect yourself from jeopardizing your claim.
Proving Negligence in Your Personal Injury Claim
To have a favorable outcome in a personal injury claim requires proving that the negligence of another party caused harm to someone else. In your case, we take the evidence we collect to prove the following four elements of negligence against the party that caused your spinal cord injury:
- Duty of care
- Breach of duty
The following example illustrates these elements. While you were driving through a green light another vehicle hit the side of your car. This driver had a duty of care to stop at the red light. Because the driver did not obey this traffic law, they breached their duty of care. As a result of the driver’s negligence, you suffered medical bills, lost wages, and other damages.
Estimating Damages for Your Personal Injury Claim
To estimate your possible settlement amount, we use the expenses that you incurred from your spinal cord injury, and costs of ongoing treatment that your doctor may order. Because of the seriousness of a spinal cord injury, you may incur such damages as:
- Medical bills (present and future)
- Rehabilitation costs
- Physical therapy
- Prescription medication
- Lost Wages (present and future)
Recovering Non-Economic Damages
Tennessee limits non-economic damages, such as pain and suffering, and emotional distress, to $750,000. This amount increases to $1 million for a catastrophic injury. The law regards a spinal cord injury resulting in paraplegia (incomplete paralysis) or quadriplegia (complete paralysis) as a catastrophic injury eligible for the additional damage award.
We Handle Your Personal Injury Claim from Beginning to End
Not only can we file a claim on your behalf, we can negotiate the claim with the at-fault party’s insurance company so that you spend more time getting the medical attention you need instead of dealing with insurance claims adjusters.
We know the type of tricks insurers may pull to avoid paying out settlements. So, we will not let an insurer minimize your injury. We are aggressive in our fight to get you full and fair compensation.
Personal Injury Claims Have a Time Limit in Tennessee
Tennessee’s Statute of Limitations gives you one year from the date of your spinal cord injury to file a claim. By contacting us as soon as possible, you do not risk losing the opportunity to recover compensation for your spinal cord injury.
Let Us Help You Recover Compensation
You can rely on the Law Offices of Ogle, Elrod & Baril PLLC to help you hold the at-fault party liable for your injury and pursue compensation for your damages.
If you or a loved one suffered a spinal cord injury, call us now at 1-865-546-1111 for a free, legal consultation with a spinal cord injury lawyer in Hamilton County, TN.