Looking for a San Jose spinal cord injury lawyer?
An injury to the spinal cord may be devastating. People who suffer spinal cord injuries may be left with partial or total losses of function below the site of the damage. Many of these cases happen in preventable accidents while others are caused by acts of violence. If you have suffered an injury to your spinal cord because of the negligent or intentional acts of others in San Jose, getting help from an attorney who is experienced in helping spinal injury victims may help you to get justice.
What is a spinal cord injury?
Spinal cord injuries occur when any part of your spinal cord its end is damaged. Spinal cord injuries may range in severity, depending on where they are located and whether or not the cord is partially or completely severed. A spinal cord injury that happens in the cervical region of the spinal column may leave people partially or completely paralyzed from the neck down if the cord is completely severed. Incomplete tears of the spinal cord may allow the victims to keep some of their functional abilities, depending on the severity of the injuries. Spinal cord injuries may also happen in the thoracic region, which is the middle part of the spine or the lumbar region, which is the lower portion of the spine. The losses of function happen below the injury site.
Spinal cord injury statistics
According to the National Spinal Cord Injury Statistical Center, approximately 17,000 people in the United States receive injuries to their spinal cords annually. The incidence is quite low given that the current U.S. population is 314 million people. However, people who suffer spinal cord injuries may be left with lifelong disabilities that require ongoing care. In 2016, the NSCISC stated that 282,000 Americans have injuries to their spinal cords.
How spinal cord injuries happen
The most frequent causes of spinal cord injuries include the following:
• Motor vehicle accidents
• Falls
• Assaults and other types of violent acts
• Sports
• Industrial accidents
• Diseases like polio or spina bifida
Spinal cord injuries may result when people experience sudden blows to their spines. They may worsen over the weeks that follow the injury because of additional damage that may result from swelling, bleeding and compressions.
Filing a spinal cord injury lawsuit
When people receive spinal cord injuries in accidents that were caused by others or in an act of violence, they may have the legal right to file spinal cord injury lawsuits against those who are responsible. When a spinal injury is suspected, the first step that victims should take is to get immediate medical attention. Prompt medical care can help to prevent further damage from happening. After getting medical attention, people should next contact an experienced spinal cord injury attorney in San Jose. If the lawyer agrees to accept the claim, he or she may handle the subsequent negotiations with the insurance company. Lawyers may consult with medical experts to arrive at a value of the claim and then use the figure to send a demand to the insurance company. Some cases are settled through negotiations without formal lawsuits ever being filed. In others, the attorneys may have to file civil complaints and to sue in order to recover compensation for their clients.
After a complaint is filed, the defendant will be given the opportunity to respond to the allegations that are contained in it. The defendant may admit or deny the allegations. Once the answer is filed, the case will then enter into the discovery phase. In this portion of the case, the attorneys for both sides will exchange the evidence that they have. You may be asked to answer interrogatories or submit to a deposition. Throughout the discovery phase, the lawyers will continue negotiating. The vast majority of cases are resolved in settlements before trials happen. If a reasonable settlement offer is not extended, however, your attorney may advocate for you through a trial and verdict.
When to contact a San Jose spinal cord injury lawyer
From the date of your injury, you will have two years to file your lawsuit against the person who caused it. You will not be able to file a lawsuit beyond that time period, which is called a statute of limitations. It is best to talk to a lawyer as soon after your injury as possible. This may help him or her to gather more evidence to support your claim and the defendant’s liability.
Contact an experienced San Jose spinal cord injury attorney
Recovering from a spinal cord injury may be a lifelong process. It is important for you to have an advocate who is willing to fight for you. Contact an experienced San Jose spinal cord injury attorney today to learn about the recovery rights that you might have.
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