Suffering a spinal cord injury in an accident can be devastating. Along with facing significant medical expenses and lost income, your quality of life may be permanently affected. If another party is responsible for your injury due to negligence, you may be able to file a lawsuit and pursue compensation. Here is some key information on filing a spinal cord injury lawsuit in Alabama:
Proving Liability
The first step is proving that another party was negligent and therefore liable for your injuries. Common sources of liability in spinal cord injury cases include:
- Auto accidents – Distracted, impaired or reckless drivers often cause collisions resulting in spinal cord trauma.
- Slip and falls – Property owners may be liable if dangerous conditions on their premises caused you to fall and suffer a spinal injury.
- Workplace accidents – If unsafe working conditions, lack of training, or defective equipment contributed to a workplace spinal injury, the employer may be liable.
- Medical malpractice – Mistakes by doctors, nurses, or other providers during diagnosis or treatment can potentially lead to spinal cord injuries.
Your attorney will gather evidence like medical records, accident reports, witness statements, and expert testimony to demonstrate the at-fault party’s liability.
Filing the Lawsuit
In Alabama, you normally have two years from the date of your injury to file a personal injury lawsuit. This is called the statute of limitations. Lawsuits over $10,000 in damages are filed in Alabama Circuit Court. Your complaint has to clearly lay out how the defendant was negligent and directly caused your spinal cord injury and damages.
The defendant will be served with the complaint and has a limited time to provide their response and defenses. Extensive fact-finding called the discovery process allows both sides to obtain evidence and take depositions in preparation for trial.
Most spinal cord injury cases settle out of court before reaching trial. However, if a settlement cannot be reached, your case will proceed to a trial by jury. Your attorney has to prove liability and damages by a preponderance of the evidence.
Types of Damages
If successful, a spinal cord injury settlement or court award will compensate the full scope of your losses. Some common damages may include:
- Medical expenses – Both past and projected future costs of medical treatment, therapy, assistive equipment, medications, and in-home care.
- Lost income – Any past wages or future earning capacity lost due to your injury and disability.
- Pain and suffering – Monetary compensation for the physical and emotional impacts the injury has had on your life.
- Loss of enjoyment of life – Damages accounting for reduced participation in activities you previously enjoyed.
- Punitive damages – Additional amounts awarded to punish a defendant for especially negligent or reckless conduct.
Consult a Qualified Alabama Spinal Injury Attorney
Pursuing fair compensation in a spinal cord injury lawsuit often requires extensive legal expertise and resources. An experienced Alabama personal injury lawyer can handle the complicated litigation process while you focus on recovery. They will thoroughly investigate liability, negotiate aggressively with insurance companies, retain expert witnesses, and develop a maximal damages demand.
If you or a loved one suffered a spinal cord injury in an Alabama accident that wasn’t your fault, contact the experts at Monge & Associates today at (888) 477-0597 for a free consultation. With 32 offices located in 19 states, including Alabama, Maryland, and Washington, our dedicated legal team will fight to help you obtain the compensation you need and rightfully deserve.