The Law Offices of Ogle, Elrod & Baril PLLC understand how a spinal cord injury can affect you physically, financially, and emotionally. We also know how to help you pursue the compensation you deserve if someone else’s negligence caused your injury.
Our dedicated lawyers can help you hold the at-fault party liable for your losses and recover such damages as your medical expenses, lost wages, and pain and suffering. The Law Offices of Ogle, Elrod & Baril PLLC can handle all legal aspects of your case while you recover from your spinal cord injury. Call us today at 865-546-1111 for a free case evaluation with a spinal cord injury lawyer in Oak Ridge.
Investigating Your Spinal Cord Injury
During our initial legal consultation, we will ask you about the circumstances of your spinal cord injury. If you have a viable claim, we will build a solid case on your behalf. The evidence we collect to strengthen your case will depend on how you suffered your injury.
For instance, if you believe your spinal cord injury was the result of medical malpractice, we would collect evidence such as your medical records. Your records would include your surgeon’s or primary care physician’s notes, the type of treatment performed, and other information that could point to errors made in your treatment.
We will take this information and show how your surgeon’s error caused your spinal cord injury. Our investigation would also involve consulting with medical experts who will offer their opinions on errors made in your treatment and whether those errors violated standards established by the medical profession.
Other Types of Evidence We Can Collect for Your Case
Depending on the circumstances of what caused your spinal cord injury, we will collect other evidence such as:
- A police report of the car accident or criminal act that caused your injury
- Eyewitness testimony
- Video surveillancefootage of your accident
- Photographs of the accident scene
Although we collect a variety of evidence, the most important will be your medical records. Because a spinal cord injury can cause partial or complete paralysis, we want to know the extent of your injury and whether your prognosis shows a long-term or short-term recovery.
Proving How Negligence Caused Your Injury
Whether you suffered your spinal cord injury because of a slip-and-fall accident, a workplace accident, or a sports activity, the evidence we collect must prove that the negligence of another party caused your spinal cord injury.
For instance, if you suffered a spinal cord injury in a car crash caused by a drunk driver, we must prove:
- The driver owed you a legal duty to exercise care and avoid crashing into your vehicle.
- The driver breached that duty by driving under the influence of alcohol and causing an accident.
- The driver’s negligence caused your injury
- You suffered damages because of the accident.
Filing an Insurance Claim to Recover Compensation
You may have several legal options to pursue an injury claim depending on the facts of your case. One option is filing a claim against the at-fault party’s insurance company. We have years of experience handling insurance claims—from filing the claims to negotiating a fair settlement.
If for some reason the claim settlement cannot be reached out of court, our legal team can file a personal injury lawsuit if necessary to fight for fair compensation.
Recovering Compensation for Your Spinal Cord Injury
Spinal cord injuries can involve frequent visits to the doctor, having to undergo multiple surgeries, taking physical therapy, and other types of treatment to recover from the injury.
Because of the extensive medical treatment you have to undergo, your health insurance company may not cover all of your costs. So, you may be able to seek recovery for out-of-pocket expenses that include:
- Medical expenses (present and future)
- Home health care
- Prescription medication
- Lost wages
- Loss of earning capacity because you cannot work as you did before the injury
- Pain and suffering
- Emotional distress
- Mental anguish
Depending on the facts of your case, you may be eligible to pursue punitive damages against the at-fault party. The reason behind punitive damages are to punish an at-fault party for the reckless and egregious behavior that caused an injury or death. Punitive damages deter others from engaging in similar behavior.
When You Suffer a Spinal Cord Injury at Work
We can also help you if you suffered a spinal cord injury in a work-related accident. Whether your injury occurred on a construction site, in a warehouse mishap, a tumble down a staircase, or a slip-and-fall accident, you may qualify for workers’ compensation benefits if your employer carries workers’ compensation insurance.
We can speak with you about the circumstances of your accident and help you apply for the benefits. Workers’ compensation pays for medical expenses, lost wages, funeral costs, and death benefits.
If you accept workers’ compensation benefits, you give up your legal right to sue your employer over your spinal cord injury. If your employer does not carry workers’ compensation, you might be able to file a lawsuit against your employer.
Tennessee Statute of Limitations
Tennessee places a deadline on filing insurance claims and personal injury lawsuits. The state’s Statute of Limitations gives you one year from the date of your spinal cord injury to file an insurance claim or personal injury lawsuit.
To thoroughly investigate your claim and build a strong case requires as much time as possible. The sooner you decide to take legal action, the sooner we can begin working on your case.
Talk to Our Spinal Cord Injury Lawyer in Oak Ridge Today
Call The Law Offices of Ogle, Elrod & Baril PLLC at 865-546-1111 now to schedule a free, no-obligation case evaluation with a spinal cord injury lawyer in Oak Ridge.
We work on contingency, and you do not pay us unless we win compensation in your case.