Miami Spinal Cord Injury Lawyer
Suffering a spinal cord injury can be devastating, and often leads to lasting and long-term effects. The spinal cord contains the nerves that allow your brain to communicate with the different parts of your body, and is protected by the vertebrae of your spine.
When these vertebrae are damaged and the spinal cord is injured, either by an accident or some other direct trauma, partial or total paralysis can result. Victims of spinal cord injuries typically end up with expensive medical bills and often can no longer work as a result of their disability. Depending on the severity of the injury, long-term care is often required.
If you have suffered a spinal cord injury that was the result of someone else’s negligent act, you may be legally entitled to hold them responsible for your injury. The recovery of a damage award can help offset the costs associated with caretakers and medical bills, allowing you to focus on the emotional and physical aspects of your recovery.
A Miami spinal cord injury lawyer will be able to help you determine the best course of legal action to maximize your chances of recovering the legal relief you are entitled to.
Elements of An Injury Claim
In order to recover a monetary sum for a spinal cord injury claim, the injured party must establish that someone owed them a duty of care, that they breached that duty, and that their breach directly led to the injury. Spinal cord injuries can occur in a variety of different ways, although they are most commonly the result of a serious car accident.
In car accident situations, plaintiffs or their spinal cord injury attorney in Miami will need to present evidence to prove that the driver of the other vehicle was acting negligently, or failing to operate their vehicle with the due care required by law.
Many different factors can affect the court’s determination of liability, all of which will affect a person’s chances of recovering the maximum amount available from the person responsible for their injury.
An attorney with experience in bringing spinal cord injury claims will be familiar with all the different types of evidence that must be collected before filing a claim, and can help clients through every step of the process to obtain the legal remedy they deserve.
Statute of Limitations
Because there are many different legal situations that can result in a spinal cord injury, it is important to meet with an experienced attorney as soon as possible to discuss the case and determine what statute of limitations applies to the claim. Florida’s statute of limitations may be found at Title VIII, Chapter 95, Florida Statutes.
The statute of limitations limits the time in which plaintiffs have to bring their claims. If the statute of limitations has run, a person will no longer be able to file a lawsuit, and will lose out on the opportunity to recover for their injuries.
In the most common type of case, in which a spinal cord injury was caused by a car accident, claims for recovery must be brought within four years from the date on which the accident occurred. In contrast, if a spinal cord injury was the result of medical malpractice, plaintiffs will have to file their claims within two years.
Calculating the time in which a person has to bring their claim may be quite complicated, depending on the specific circumstances that led to their injury. A Miami spinal cord injury attorney will be able to determine exactly what deadlines apply in each client’s case.
If a person is able to prove all the elements required for a court to hold another party responsible for their injury, they may be able to recover a substantial monetary sum. This award is meant to compensate people for their injury as well as the costs related to their recovery. Because spinal cord injuries can result in severe and long-term effects, such as paraplegia or quadriplegia, ongoing care is often required.
Long-term care can be extremely expensive, and the court will take these costs into account in determining what an injured person may recover from the party responsible. If a person’s claim is successful, they may be able to recover the reasonable costs of the medical bills and caretaker’s expenses associated with their injury.
In addition, an injured person may be able to recover for their lost wages, including future lost wages, if they are unable to work in the future as a result of their injury, as well as for their pain and suffering.
How An Attorney Can Help
Although recovering from a spinal cord injury can be overwhelming, if you believe you can hold someone else legally responsible for your injury it is important that you speak with an attorney as soon as possible.
Waiting too long to bring your claim can result in you missing out on the opportunity to pursue legal action against the party who caused your injury. Our Miami spinal cord injury lawyers will assist you in bringing your claim with compassion and understanding. Contact an attorney to discuss your claim today.