Spinal injuries are severe and life-altering, leaving many families struggling to cope with the physical and financial impact of the damage. According to data released by the National Spinal Cord Injury Statistical Center in 2022, an estimated 17,700 new spinal cord injuries occur annually in the United States. Those affected can expect a long road ahead, and it is essential to know what you can expect when filing a spinal injury lawsuit. This guide outlines four key aspects of a spinal injury case. With this information in mind, potential plaintiffs will be better prepared for what lies ahead.
Lengthy Process
One of the first and most important things to expect from a spinal injury lawsuit is the lengthy process that can accompany it. It’s important to understand that these claims can take many months or even years before settling since so much information needs to be gathered and analyzed. If you’ve been injured due to someone else’s negligence, you should be aware that pursuing legal action may require extended patience.
The spinal injury lawsuit process involves a lot of investigation, paperwork, and court appearances. Your spinal injury lawyer will work diligently to ensure that all evidence is properly collected and analyzed to build your case. They will work with you to ensure you understand the process and are up-to-date on any new developments.
Throughout the process, you must remain in contact with your legal representation, so they can provide updates and answer any questions you may have. It’s also important to remember that if your case goes to a jury trial, it could take several months before a verdict is reached.
Extensive Medical Record Requests
For any claim related to a spinal injury lawsuit to be successful, lawyers will need access to your medical records. This means they will request copies of all doctor visits, treatments, and even surgeries related to the injury. They will use the medical records to help prove that the damage is significant and was caused by someone else’s negligence.
Your spinal injury lawyer may also request records from physical therapists, neurologists, and other specialists who have treated the injury. You must provide copies of any medical bills related to your care as well. In some cases, doctors may be asked to testify in court or submit written statements regarding your condition. It’s important to keep all of this in mind when considering filing a spinal injury lawsuit as obtaining these documents may take longer than expected and could delay the entire process.
Expert Witnesses
Depending on the complexity of your particular case, lawyers may need to enlist expert witnesses to testify in court or during a deposition. These experts can include doctors, psychologists, engineers, and any other field-specific professionals who can speak further about the cause of your injury and its implications on your current condition.
They may also call expert witnesses to speak to the specific facts of a case. For instance, if you are involved in an auto accident, a mechanical engineer could testify about the causes and effects of the collision as well as other factors that might have contributed to your injury. In many cases, expert witnesses are indispensable for judicial proceedings because of their specialized knowledge and experience with the subject matter.
When selecting an expert witness, your lawyer will look at various factors such as their educational qualifications, professional credentials, experience in the specific field related to your case, and any past court testimony they have given in similar circumstances. They may also review materials they have authored in the field, such as journal articles, books or reports. In addition, they may consider their reputation both within the legal and professional communities.
Physical Evidence
To support your claim, lawyers need to have physical evidence, such as photos or videos showing the moment before and after an accident or even objects left at a scene that could point towards negligence or wrongdoing. This physical evidence will be used in court and can help lawyers make a case for your injury.
Depending on the circumstance, physical evidence can vary. For example, if you slipped and fell due to a wet floor with no warning sign, a picture of the area could help your case. Similarly, if you were injured in an auto accident involving another driver’s negligence or recklessness, they can use pictures of the scene or any damaged property in court.
In Summary
Overall, there are many things you should expect when pursuing a spinal injury lawsuit. It’s important to remember that this process is often lengthier than anticipated and requires the extensive gathering of medical records and physical evidence.
Additionally, legal teams may need to enlist the help of expert witnesses. As such, it’s vital for those seeking legal action due to spinal injury to understand what is involved before embarking on a lawsuit. By doing so, individuals can better prepare themselves for the long road ahead and be armed with all the information they need to make decisions about their claims.
