What Qualifies for a Spinal Cord Injury Lawsuit?

What qualifies for a spinal cord injury lawsuit? You may have grounds to sue for an SCI based on a car accident, medical malpractice, or many other reasons. 

For more information about whether you can file a lawsuit based on your injury to your spine, consult with Rhode Island spinal cord injury lawyers.

A Look at What Qualifies for a Spinal Cord Injury Lawsuit in Rhode Island

Meet with a lawyer to get answers to common questions about personal injury cases and receive insights into what qualifies for a spinal cord injury lawsuit.

Ultimately, if you suffer an injury to your spine due to no fault of your own, you may be able to sue for damages. An attorney can evaluate the facts surrounding your injury to determine if a lawsuit is warranted. 

Spinal cord injuries happen due to auto accidents, the negligence of doctors or other medical providers, and for many other reasons. Your attorney finds out how your SCI happened. Next, they can help you identify any liable parties and let you know if you can seek damages from them. 

Gemma Law has more than five decades of combined legal experience on our team. We can tell you how much your case is worth and if it may be in your best interests to pursue a spinal cord injury lawsuit. Contact us for more information. 

Spinal Cord Injury Lawsuit Timeline

Based on Rhode Island General Laws § 9-1-14, the statute of limitations for a spinal cord injury lawsuit is three years. If you are unsure about whether you are qualified to file an SCI lawsuit, discuss your case with an injury attorney. Together, you and your lawyer can review your case and figure out if now is the ideal time to sue. 

Extending the statute of limitations for a premises liability claim or any other type of SCI case may not be an option. Thus, it may be best to hire a lawyer as soon as you suffer your injury to the spine. Your lawyer can submit your damages request and prepare an argument designed to help you prove that you deserve maximum damages. 

You could secure damages without having to go to trial. For instance, you get a settlement offer from the defendant in your spinal cord injury lawsuit. Your lawyer can provide insights into how to respond to the first personal injury settlement offer in RI, and if you accept this proposal, you can close your case. 

When to File a Spinal Cord Injury Lawsuit

As soon as you know for certain that you are qualified for an SCI lawsuit, move forward with a lawsuit. This gives you ample time to pursue damages and ensures that you can submit your claim in alignment with the statute of limitations for personal injuries.

Common reasons why people submit lawsuits based on spinal injuries include:

• Car accidents
• Truck accidents
• Bicycle accidents
• Medical malpractice
• Slip and fall accidents

Filing a lawsuit does not guarantee you will get damages for your medical bills and other economic and non-economic losses. Your attorney will consider how the defendant will present their case against you. They will search for ways to contest the defendant’s claims. 

Things That Could Disqualify You from Filing a Spinal Cord Injury Lawsuit 

Anyone who injures their spinal cord due to someone else’s negligence may be eligible to submit an SCI claim. Your attorney can explain the things that qualify you for a spinal cord injury lawsuit.

Alternatively, they can provide reasons why an at-fault party could dispute your claim and make it difficult to secure damages, such as:

Lack of Evidence

In a spinal cord injury case, the burden of proof matters. If you do not have sufficient evidence to show a judge or jury that the defendant in your case caused your injury to happen, the court could rule against you. Your proof may also help you dispute the defendant’s case against you. 

Negligence

You must verify that a liable party was negligent and that their actions led to your injury and caused you to incur damages. If there are doubts about whether this party was negligent, a judge or jury may choose not to award you full damages. In one of the worst-case scenarios, the court could rule against you, and you will be responsible for your injury-related losses. 

How Your Injury Is Impacting Your Day-to-Day Activities

Spinal cord injuries range from mild to severe. If your SCI is keeping you from working, going to school, and enjoying your life to the fullest extent, it is your responsibility to show a judge or jury just how much your injury is affecting you. Otherwise, the court may decide to award only a portion of the damages you seek or no compensation at all. 

If you are worried about how your SCI lawsuit will turn out, get legal help. A spinal cord injury attorney will allocate plenty of time and resources to your case. They can put you in a great position to receive fair compensation for your losses. 

Tips to Help You with Your Spinal Cord Injury Lawsuit

Once you know what qualifies for a lawsuit for a spinal cord injury, submit your claim. The window in which you are allowed to request damages is limited. If the statute of limitations expires, you may not be able to recover damages at a later time. 

Work with a lawyer who has relevant case experience. If you partner with an attorney who has handled spinal cord injury cases in the past, they can apply what they know to your litigation. As such, your attorney can help you make informed decisions as you go through the legal process. 

Speak to your lawyer frequently as your litigation progresses. If you get a settlement proposal, discuss the offer with your attorney and weigh its pros and cons. In a situation where a settlement is less than what you want, you can decline it and continue with your litigation. 

Find Out if You Should File a Spinal Cord Injury Lawsuit

The Gemma Law team understands what qualifies for a spinal injury lawsuit. If you are debating whether now is the right time to sue any parties responsible for your spine injury, we can assist you. Schedule a free case consultation.