You know if you have a valid spinal cord injury case in New York if two things are true. For one, someone else’s negligence caused the accident that resulted in your injuries. Then, your injuries resulted in medical expenses, lost income, pain and suffering, or other damages.
However, it can be difficult to determine if another person or party acted negligently. Instead of attempting to figure this out by yourself, contact a Long Island personal injury lawyer from Chaikin Trial Group Personal Injury Lawyers as soon as possible.
Many Valid Spinal Cord Injury Cases Start With Negligence
Many people assume that suffering a serious injury automatically means they have a personal injury claim. Unfortunately, that is not always the case. To have a valid spinal cord injury case, you generally need to show that another person or business acted negligently.
Then, your attorney will also have to prove that the actions of the at-fault party caused your injury. Negligence means someone failed to use reasonable care under the circumstances. These are examples of negligent behavior that results in harm to another person:
- A distracted driver who runs a red light
- A construction company that ignores workplace safety requirements
- A property owner who fails to repair a dangerous condition
An experienced attorney from Chaikin Trial Group Personal Injury Lawyers examines every detail surrounding the accident to determine whether negligence occurred and whether there is enough evidence to pursue compensation.
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The Elements of a Personal Injury Claim
In many New York personal injury cases, your lawyer must establish several legal elements before recovering compensation in the form of verdicts and settlements. First, the responsible party must have owed you a duty of care.
Here’s what it means to owe someone else a duty of care:
- Drivers must operate their vehicles safely.
- Property owners must maintain reasonably safe premises.
- Employers and contractors have responsibilities to follow applicable safety laws.
Second, your attorney must show that the responsible party breached that duty by acting carelessly or failing to take reasonable precautions. Third, your lawyer must connect that negligence directly to your spinal cord injury.
Finally, your legal team must prove that you suffered damages, such as medical expenses, lost wages, pain and suffering, or permanent disability. Each of these elements requires evidence, and building that evidence is an important job that your attorney can perform on your behalf.
The Cause of Your Injury Can Affect Your Case
Spinal cord injuries happen in many different situations, and each type of accident presents unique legal issues. These are common causes of spinal cord injuries:
- Motor vehicle accidents
- Commercial truck collisions
- Motorcycle crashes
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Falls from heights
- Slip and fall accidents
- Falling objects
- Defective products
Although these accidents look very different, they all have one thing in common. If another party’s negligence caused your injury, you may have grounds for a personal injury claim.
A lawyer from Chaikin Trial Group Personal Injury Lawyers can look into the specific circumstances of your accident. From there, they can focus on determining who should be held legally responsible.
Identifying every potentially liable party is important because it can increase the sources of compensation available to cover your losses.
Serious Injuries Require Proven Evidence
Insurance companies rarely accept large injury claims without questioning the evidence. That is why building a spinal cord injury case requires much more than simply showing that an accident occurred. Here’s what your attorney might collect:
- Medical records
- MRI and CT scan results
- Surgical reports
- Emergency room records
- Accident reports
- Photographs
- Surveillance footage
- Witness statements
- Professional medical opinions
- Employment records
- Financial documentation
Medical professionals can also explain how the injury affects your mobility, independence, future medical needs, and ability to earn a living. The stronger the evidence, the stronger your negotiating position becomes.
The Severity of Your Spinal Cord Injury Does Not Fully Determine Whether You Have a Case
Many people believe that only catastrophic or permanent spinal cord injuries qualify them for compensation. Now, serious injuries often result in more damages because they require ongoing medical treatment and long-term care.
That said, the seriousness of your injury alone does not determine whether you have a valid legal claim. Instead, the focus is on whether someone else’s negligence caused your injury and whether you suffered losses as a result.
Even if doctors expect you to recover over time, you could still face the following:
- Expensive medical bills
- Time away from work
- Rehabilitation costs
- Physical pain during your recovery
On the other hand, someone with a permanent spinal cord injury may require lifelong medical care, home modifications, mobility equipment, and ongoing assistance with daily activities.
Every case is unique, and an experienced attorney can evaluate the full impact your injury has had on your life to determine the compensation you may be entitled to pursue. This is why the right time to hire a personal injury lawyer is ASAP.
Call Chaikin Trial Group Personal Injury Lawyers to Know If You Have a Valid Spinal Injury Case in Long Island
After getting hurt in an accident, it’s reasonable to wonder what your legal options are, but it’s important to understand if you have a case in the first place. At Chaikin Trial Group Personal Injury Lawyers, we have experience handling spinal cord injury cases in New York.
Led by a principal attorney with 20 years of experience, our attorneys have recovered $100 million in compensation for injured victims just like you. With a reputation for being authentic, genuine, and aggressive, you can count on us to get things done.
We treat every client as our own family, and we work with a sense of urgency rarely found in the industry. Every client is given direct access to their attorney’s cell phone number, and everyone at our firm is Spanish-bilingual. Come in as a client, leave as a friend. Contact us today!