Spinal cord injuries can cost hundreds of thousands of dollars and have a significant impact on your future. If you or a loved one suffered a spinal cord injury in an accident caused by someone else’s negligence, you are entitled to compensation. At the Law Firm of Anidjar & Levine, we understand how traumatic an injury to the spine can be and will work tirelessly to make sure you get the damages you deserve.
What Damages Can I Recover After a Spinal Cord Injury?
After a spinal cord injury, it is likely that you will undergo numerous treatments during the recovery process. You may also require home modifications and additional assistance in your day-to-day life. You can recover compensation for any of the following:
- Steroid injections
- Prescriptions and pain medications
- Extended hospital stays
- At-home attendant care
- Physical therapy and rehabilitative services
- Wheelchairs or other mobility devices
- Chair lifts, ramps, access devices for the shower and kitchen, and other home modifications
You can also recover compensation for the time your injury keeps you out of work. This could be time you took off for doctor’s appointments or to recover from surgery. It can also include lost earning capacity if you needed to work less hours, take a lesser-paying job, or retire completely.
We gather documents and work with experts such as your doctor and vocational experts to determine the value of your claim.
Filing a Claim With the Insurance Company
To recover compensation, we must file a claim with the insurance company. With whom we file depends on how you sustained your injury. If you suffered your injury in a car accident, we will file with the other driver’s auto insurer. If you suffered injury in a slip and fall, we will file with the other party’s business or homeowner’s insurance.
The insurance company will thoroughly investigate your claim and make you a settlement offer. As it investigates, the adjuster on your case will do whatever she can to avoid paying you what you deserve. She may trick you into incriminating yourself in a recorded statement or use surveillance footage of your activities post-accident to downplay the severity of your injuries.
As your attorneys, it is our job to protect you from these tricks by becoming the point of contact for the insurer and providing the adjuster with any information she needs to complete her investigation as quickly as possible. It is also our responsibility to build the strongest case possible. To recover compensation, we must:
- Establish the other party owed you a duty of care. For example, store owners owe customers a duty to reasonably maintain the property in a safe condition. If we have evidence showing that the party owned the property, that will likely be enough to establish duty.
- Prove the other party was negligent by breaching the duty owed to you. We can establish negligence by introducing local laws into evidence to show the other party violated the law or by introducing police reports, witness testimony, photo evidence, and other documentation to show there was a breach.
- Connect the breach of duty to your injuries. In addition to proving there was a breach of duty, we will need to show that your spinal cord injuries would not have occurred if the party had not breached its duty to you. For example, if we have an accident reconstructionist and physician testify in court, she can estimate the speed the negligent party’s vehicle was traveling at the time of the crash and establish that the powerful rear-end impact caused your spinal cord injuries.
Present your injuries. Medical reports and expert testimony can show the severity of your injuries, the treatments you will need and other details. Employment records and pay stubs can quantify your lost wages.
We will also carefully evaluate all settlement offers and determine whether the amount offered is enough to cover past and future medical expenses, lost wages, and loss of earning capacity. Even after hours of negotiations, insurers may still be unwilling to pay you the damages you deserve. At that point, we may benefit from filing a lawsuit.
Filing a Claim in Court
Because spinal cord injuries are generally severe and long-lasting, it is especially important for spinal cord injury victims to receive fair compensation after an accident. If the insurer refuses to make you a fair offer, we will bring your case in front of a judge. In Florida, you have four years from the date of your injury to file a lawsuit.
Once we decide to file a lawsuit against the parties responsible for your injuries (defendants), we will start preparing your case for trial. Because we handle all litigation in-house, it will save time and money. And because we gather the evidence we need for a lawsuit during the claims process, we create a smooth transition into a lawsuit.
Call Us Today To Recover Compensation for Your Spinal Cord Injury
If your claim or lawsuit is successful, you will recover damages based on the severity of your injuries and how the injuries will impact your future. Many spinal injury victims will recover both economic (e.g., medical costs, lost wages) and non-economic (e.g., pain and suffering, mental anguish) damages. The legal system also recognizes that the families of the victim may be suffering. As a result, the judge may award damages to your spouse for loss of companionship or services.
The Law Firm of Anidjar & Levine knows how frustrating and devastating it can be to know that your injuries were completely preventable. We hold negligent drivers, property owners, and employers in Fort Myers liable for their mistakes and the pain they cause accident victims and their families.
Contact our firm at 800-747-3733 for a free consultation and find out more about what Anidjar & Levine can do for you and your family.