If you or a loved one has suffered a spinal cord injury, navigating the legal complexities surrounding such a life-altering event can be overwhelming. Our Beaumont personal injury attorney specializes in providing compassionate and comprehensive legal representation for individuals who have sustained spinal cord injuries due to the negligence or wrongful actions of others. Arrange a free consultation today by calling (951) 688-0006 or messaging us online.
For over two decades, our dedicated team has been committed to ensuring our clients receive the full compensation they are entitled to under the law. We firmly believe that individuals facing personal injury deserve passionate and top-quality legal representation. By blending aggressive advocacy with transparent and practical legal guidance, we strive to alleviate the physical, emotional, financial, and personal burdens associated with the claims process.
A spinal cord injury (SCI) lawyer can provide invaluable assistance and support throughout the legal process in the following ways:
Legal Knowledge
A Beaumont SCI lawyer will possess in-depth knowledge of the laws, regulations, and legal precedents relevant to your case. They can evaluate the details of your case, assess the strength of your claim, and determine the potential compensation you may be entitled to.
Extensive Resources
SCI cases often require thorough investigation to gather evidence, interview witnesses, and consult with experts. A lawyer has the resources and expertise to conduct a comprehensive investigation and build a strong case on your behalf.
Understanding of Damages
A SCI lawyer can accurately assess the full value of your claim, including medical expenses, lost wages, pain and suffering, and other related damages. They will ensure that all applicable damages are pursued on your behalf.
Negotiation Skills
Your lawyer will serve as your advocate, representing your interests and fighting for your rights throughout the legal process. They will handle all communications with insurance companies and will work tirelessly to achieve the best possible outcome.
Trial Experience
If a fair settlement cannot be reached, your lawyer is prepared to take your case to trial. They have the litigation experience and courtroom skills necessary to present a compelling case before a judge and jury and advocate vigorously for your rights.
Peace of Mind
A skilled and experienced SCI lawyer can provide compassionate support and guidance throughout the legal process, helping to alleviate some of the stress and uncertainty you may be experiencing.
While each case is unique and may involve various legal considerations, several laws and regulations are relevant to SCI cases in Beaumont:
Statute of Limitations
There is a statute of limitations that sets a deadline for filing a personal injury lawsuit, including spinal cord injury cases. According to the California Code of Civil Procedure section 335.1, it is:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
When it comes to SCIs caused by the negligence of a government entity or employee, special rules and procedures under the California Government Tort Claims Act apply.
“(a) A claim relating to a cause of action for death or for injury to person or to personal property…shall be presented…not later than six months after the accrual of the cause of action.”
Under this law, you have six months from the date of injury to file a claim against the appropriate government agency.
Comparative Fault
California follows a pure comparative fault system, which means even if the plaintiff (SCI victim) is partially to blame for the accident, they can still recover damages proportionate to their degree of fault.
California Civil Code Section 1714(a) states that:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
For example, if you are awarded $100,000 and found 30% at fault, you will receive 70% of your award or $70,000.
Workers’ Compensation Laws
California’s workers’ compensation system may cover spinal cord injuries sustained in workplace accidents. Workers’ compensation provides benefits to employees injured on the job, including medical treatment, disability payments, and vocational rehabilitation.
California Code, Labor Code – LAB § 5405
“The period within which proceedings may be commenced for the collection of the benefits…is one year from any of the following:
(a) The date of injury…”
In a spinal cord injury claim, you may be entitled to various types of compensation, also known as damages, to help you recover from your injuries and losses. Here are some common types of compensation you may be able to recover:
Medical Expenses
Compensation for all past, current, and future medical expenses related to your SCI. This includes hospital bills, surgeries, doctor visits, rehabilitation, physical therapy, medication, medical equipment, modifications to your home, and any other necessary medical treatment and expenses.
Lost Wages
If your SCI has caused you to miss work or has impaired your ability to earn a living, you may be entitled to compensation for lost wages. This includes both past and future income that you would have earned if not for the injury.
Property Damage
If the accident also resulted in damage to your property, you are entitled to recover compensation for its repair or replacement. For example, if you were in a car accident that caused damage to your vehicle, cell phone, or other personal items.
Pain and Suffering
You may be awarded damages for the physical pain, discomfort, and emotional distress caused by your spinal cord injury, which is intended to address the non-economic impact of the injury on your quality of life.
Loss of Enjoyment of Life
If your SCI has prevented you from participating in activities and hobbies you enjoyed before the injury, you may be entitled to compensation for the loss of enjoyment of life. This includes the loss of ability to engage in recreational, social, and leisure activities.
Loss of Consortium
If your SCI has affected your ability to maintain relationships and companionship with your spouse or family members, they may be entitled to compensation for the loss of consortium.
Punitive Damages
In cases involving egregious misconduct or intentional harm, you may be awarded punitive damages in addition to the above compensatory damages. Punitive damages are intended to punish the at-fault party and deter similar conduct in the future.
At Hanson & Mouri, we are committed to providing unparalleled legal representation and support to individuals and families affected by spinal cord injuries. We are here to help you navigate the legal process and pursue the justice and compensation you deserve. Contact us today to schedule a free and confidential consultation.