Spinal Cord Injury Attorney in Palm Harbor

This is not the time to establish whether the injury was caused by negligence; your health comes first. If you have been injured in an accident or any other situation, seeking immediate medical attention is the first and most important thing to do.

When spinal cord injuries are left untreated for a while, they could lead to other serious health problems you do not want to deal with. Seeking immediate medical attention can help identify potential health problems caused by the injury and manage them when there’s still time to do so. 

But how soon should you seek medical attention after an injury? Most personal injury attorneys and doctors recommend seeking medical attention not later than 72 hours after the injury. In fact, in some cases, 24 hours may be too long. Ideally, you need to see a doctor as soon as possible, preferably right after the accident. But if you can’t do so due to circumstances beyond your control, then the 72-hour rule comes into effect. 

Other than providing an opportunity to treat the injury and prevent other complications from the injury, seeking immediate medical attention also has some legal benefits. You may be eligible for compensation for the injuries suffered. 

However, the other party’s insurance company will not just write you a check because you got injured. They will not believe a word you say unless you prove that you actually got injured and received treatment or are actively receiving treatment for those injuries. 

So when you visit a doctor after the injury, they will write a report stating the kinds of injuries suffered and the required treatment. They will also outline the treatment provided, how long you need to recover, and other important details. 

When you have such a document in your possession, it will become more difficult for insurance companies to dispute your claim. But this also doesn’t mean that you won’t receive this documentation if you choose not to see a doctor right after the accident. 

In that case, while you may be able to prove that you suffered spinal cord injuries, it will be quite difficult to link the injuries to the other party. They could simply claim that their insured was not responsible for your injuries. In addition, you will be required to explain the gap between the incident and the time you sought medical attention. 

And if the gap is huge, the other party will have an advantage in this case. For example, suppose you suffered spinal cord injuries after a slip and fall incident at a grocery store and sought medical attention a month after the accident. In that case, the other party could argue that you got injured elsewhere. Even if you may prove that you actually slipped and fell at the store, the fact that you didn’t seek medical attention right after the injury raises serious questions. It makes the burden of proof even heavier. 

The signs of spinal cord injuries vary from one individual to another. Here are some common signs to watch out for:

Numbness in Certain Body Parts

This condition is scientifically referred to as the cauda equina syndrome. Individuals with this syndrome usually experience a sudden loss of bladder or bowel control. Some also experience increased numbness in their legs, hands, and inner thighs. 

Lack of Coordination or Motor Functions

Many victims of spinal cord injuries suffer from a lack of coordination or motor functions. For example, they may struggle with throwing a ball, sitting, or even jumping. Some also have difficulty walking or running. 

Tingling Sensations

This mostly occurs in the hands, toes, fingers, and feet. 

Paralysis

Paralysis is usually one of the most common signs of spinal cord injury. If you suddenly become paralyzed after an injury, either partially or permanently, it could result from spinal cord injuries. Paralysis can affect any part of the body. 

It’s always advisable to gather crucial evidence after such an injury. That’s the only way you may be able to prove that you got injured due to the other party’s negligence. The kind of evidence needed varies depending on the circumstances surrounding your case. 

In most cases, photographic evidence holds a lot of weight when proving negligence. For instance, if you slipped and fell due to a dangerous condition on someone else’s property, this could be a case of premises liability. However, you will need photographs of the dangerous condition to prove the incident.

But photographs are not the only form of evidence you may need; some situations may not provide many opportunities to take photographic evidence. For instance, if you suffered spinal cord injuries due to medical errors, such as a faulty surgery, you may not be able to take photographic evidence because you’ll probably be unconscious during the surgery. However, certain medical paperwork and witness statements can help prove negligence. 

Contacting a spinal cord injury attorney in Palm Harbor is one of the smartest decisions you’ll ever make after such an accident. Here’s how such an attorney can help. 

Evaluating Your Claim

The spinal cord injury lawyer will evaluate your claim to establish whether you have a reason to file a claim with the party responsible for your injury. This usually happens during the initial consultation. 

At Morgan & Morgan, we offer free case evaluation for injury victims. So even if you’re not sure whether you have a valid claim against the other party, all you have to do is fill out our free case evaluation form. You have nothing to lose but so much to gain. 

Investigating the Incident

After establishing that you have a valid reason to file a claim with the other party, the attorney will also help build a case against them. It is important to note that spinal cord injury cases are complicated. No insurance company out there will write you a check with no questions asked after such an injury. This is because spinal cord injuries are expensive to treat. 

Additionally, if an injury victim becomes paralyzed, whether temporarily or permanently, it changes the whole dynamics of the claim. When the injury victim is paralyzed, they’ll most likely not be able to go about their day-to-day activities. For instance, if you suffer spinal cord injuries after a car accident and later discover that you’re paralyzed waist down, you may not be able to play your favorite sports if you’re a professional athlete. Here’s another thing: if you depend on sports to pay your bills and take care of your beloved, a spinal cord injury could end your career and ruin your livelihood. 

For this reason, you may be entitled to compensation for more than just the injuries suffered. Other factors such as lost wages, loss of earning potential, loss of enjoyment of life, pain and suffering, emotional distress, and so on could come into play. In addition, your spouse could file a loss of consortium claim if they can no longer do certain things with you due to your injuries.

Filing a Claim on Your Behalf

Once the attorney has concluded investigations and built a strong case against the other party, they will file a claim on your behalf. This effectively marks the beginning of the negotiating process. Depending on the weight of evidence tabled, the other party might agree to negotiate out of court.

Some insurance companies might refuse to settle out of court, forcing your attorney to file a lawsuit against them. This option changes certain aspects of the case. For instance, since court processes are expensive, the attorney will increase the initial amount you may have been initially entitled to as compensation.

The claims process may seem straightforward on paper, but it’s not in real life. It involves a lot of paperwork, which can be overwhelming, especially for an individual recovering from spinal cord injuries or dealing with paralysis caused by such injuries. Remember, the claims process is time-sensitive. If you miss certain deadlines, you may not be able to file a successful claim. 

But this is not the kind of information you expect the other party’s insurance company to disclose to you. Instead, they’ll keep their fingers crossed, hoping you break the rules along the way, effectively jeopardizing your claim.    

Negotiating a Settlement

As mentioned earlier, you may be eligible for compensation after your spinal cord injuries. A skilled personal injury attorney specializing in spinal cord injuries will negotiate a reasonable settlement with the other party on your behalf. The negotiation stage is one of the most critical stages of the claims process after a spinal cord injury. 

Here’s why:

When you or someone you know suffers a spinal cord injury, a skilled attorney can help negotiate the most reasonable settlement. The attorney will consider various factors, such as the severity and impact of the injury. If you suffered severe injuries during the accident, the settlement amount would be higher than if you suffered minor cuts and bruises. 

The impact of the injury will also come into play. Did the injury prevent you from going to work? Did you miss out on an important opportunity due to the injury? Do you need a caregiver, either part-time or full-time, due to the injury? Did the injury ruin your career? These are some of the questions the attorney will consider when negotiating a reasonable settlement with the other party.

They will also determine which settlement option works best. For example, in some cases, lump-sum payments are better than smaller payments spread over a certain period of time. Again, your attorney will discuss this with you and come up with the best option. 

Finally, and most importantly, the negotiation stage presents an opportunity to sign the release of a settlement agreement. This is good news, but only if you secure the compensation you need and deserve. Some attorneys or law firms might settle for a lowball offer just to close the case and add it to their list of success stories. 

But when it comes to compensation for spinal cord injuries, the settlement amount does not matter if it fails to meet the needs of the injury victim. You need to work with an attorney who won’t just settle for any offer on the table.

Some attorneys are also afraid to pursue such cases in court, partly because court processes are expensive and time-consuming. Others may be too excited to settle that they won’t even care whether the settlement amount meets your needs.

To avoid all this, you need an attorney or law firm that won’t rest until you receive the compensation you need and deserve. That’s where Morgan & Morgan comes in, the largest personal injury law firm in Florida and the entire country. If you or your loved one has suffered spinal cord injuries after an accident, fill out our free online case evaluation form or call our Palm Harbor office at 727-275-6090. We might be able to help.