If you or a loved one has suffered a spinal cord injury in San Mateo, you’re likely facing an intimidating and uncertain future. The road to recovery can be long and arduous, and the financial burdens can be overwhelming. Contact our San Mateo spinal cord injury lawyers now.
At Omega Law Group, our team of San Mateo personal injury lawyers has a proven track record of success, having recovered millions of dollars for past clients. But what exactly does that process entail, and how can you ensure you’re taking the right steps towards justice?
Causes of Spinal Cord Injuries
Vulnerability can strike at any moment, leaving lives forever changed. You may be involved in a car accident, fall from a height, or engage in a violent altercation and suddenly find yourself facing a spinal cord injury.
Sports and recreational activities, like football, rugby, or diving, can also lead to spinal cord injuries, although they’re less frequent. Additionally, medical errors or surgical complications can also result in spinal cord damage.
It’s crucial to understand that spinal cord injuries can occur unexpectedly. Knowing the causes can help you take preventive measures to minimize the risk.
Proving Liability in Accidents
When pursuing a spinal cord injury claim, you’ll need to prove that someone else’s negligent action caused your injury.
This involves establishing that the defendant breached their duty of care, which led to your accident and subsequent injuries.
To build a strong case, you’ll need to gather evidence to demonstrate causation and damages, linking the defendant’s actions directly to your harm.
Establishing Negligent Action
In nearly every personal injury case, establishing negligent action is a crucial step in proving liability. You’ll need to show that the defendant breached their duty of care, which led to your spinal cord injury. This involves demonstrating that the defendant failed to act as a reasonably prudent person would have in a similar situation.
To establish negligent action, you’ll need to gather evidence that supports your claim. This may include witness statements, photographs, videos, medical records, and expert testimony. Your San Mateo spinal cord injury lawyer will help you collect and analyze this evidence to build a strong case.
You’ll also need to show that the defendant’s breach of duty was the direct cause of your injury. This means demonstrating that the defendant’s actions led to the accident and that the accident resulted in your spinal cord injury.
Causation and Damages
You’ll need to demonstrate that the defendant’s actions or inactions directly caused your spinal cord injury. This is known as causation, and it requires showing that the defendant’s negligent behavior was the direct cause of your injury. You’ll need to provide evidence that shows a link between the defendant’s actions and your injury.
In addition to proving causation, you’ll also need to establish damages. This involves quantifying the losses you’ve suffered as a result of your injury.
Damages can include economic losses, such as medical expenses and lost wages, as well as non-economic losses, like pain and suffering. You’ll need to provide documentation and testimony to support your claims, including medical records, witness statements, and expert testimony.
(310) 526-8383Calculating Compensation Claims
When calculating your compensation claim, you’ll need to quantify the economic damages you’ve incurred, such as medical expenses, lost wages, and property damage.
Additionally, you’ll need to assess non-economic losses, like pain, suffering, and emotional distress, to ensure you’re fairly compensated.
Your San Mateo spinal cord injury attorney will also help project future expenses, including ongoing medical care and rehabilitation, to ensure your claim accurately reflects your long-term needs.
Economic Damages Calculated
Several factors come into play when calculating compensation claims for economic damages, and your San Mateo spinal cord injury lawyer will work closely with professionals to determine the full extent of your losses.
These factors include past and future medical expenses, lost wages, and reduced earning capacity. Your lawyer will also consider the cost of rehabilitation, home modifications, and assistive devices you may need due to your injury.
Additionally, you may be entitled to compensation for transportation costs, home health care, and other related expenses. To accurately calculate these damages, your lawyer will gather evidence, including medical records, pay stubs, and testimony from experts in fields such as vocational rehabilitation and economics.
Non-Economic Losses Assessed
A spinal cord injury is likely to greatly impact two key aspects of your life: your financial stability and your overall well-being.
While economic damages like medical bills and lost wages are substantial, non-economic losses can be just as devastating. These intangible losses, also known as general damages, can’t be easily quantified but are vital in calculating your compensation claim.
You may be entitled to compensation for non-economic losses such as pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life.
What to Expect in a Lawsuit
If you’re considering filing a lawsuit for your spinal cord injury, you’re likely wondering what the process entails and what to expect. Filing a lawsuit can be a complex and time-consuming process, but understanding what to expect can help you prepare and navigate the journey.
Here are the general steps you can expect in a lawsuit:
- Filing the complaint: Your lawyer will draft and file a complaint with the court, outlining the facts of your case and the damages you’re seeking.
- Discovery: Both parties will exchange information and evidence, including medical records, witness statements, and other relevant documents.
- Motions and settlements: Your lawyer may file motions to resolve certain issues or disputes, and the defendant may make settlement offers.
- Trial: If a settlement can’t be reached, your case will go to trial, where a judge or jury will decide the outcome.
Throughout the process, your lawyer will work to build a strong case, negotiate with the defendant, and advocate for your rights. While every case is unique, understanding these general steps can help you feel more informed and in control.
Contact Our San Mateo Spinal Cord Injury Attorneys
You’ve suffered a spinal cord injury and now face a long, challenging road to recovery. Don’t go through the legal process alone. With a San Mateo spinal cord injury lawyer by your side, you’ll have a stronger claim and a better chance of securing the compensation you deserve.
By understanding the causes of spinal cord injuries, proving liability, and calculating fair compensation, you’ll be well on your way to rebuilding your life. Get a 100% free consultation with an experienced lawyer from Omega Law Group.
