Why Do You Need a Virginia Spinal Cord Injury Lawyer?

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Spinal cord injuries can result in lifelong disabilities, extensive medical treatments, and overwhelming emotional and financial burdens.

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
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After experiencing such a trauma, you need a proven and compassionate legal team by your side to guide you through the complex legal system and fight for the compensation you deserve.

If you or a loved one has suffered a spinal cord injury, you know the devastating impact it can have on a life. Time, energy, and resources have to be diverted from normal life events into tasks related to medical care, unemployment, and reimagining your future.

At the Smith Law Center, we understand the challenges that come with a spinal cord injury, and we’re dedicated to providing the highest level of legal representation to our clients. Our team of skilled attorneys has years of experience handling spinal cord injury cases, including one of our featured case results for a client who was awarded $685,000 after a neck injury caused by a car accident. We work tirelessly to ensure our clients receive the best possible outcome and the maximum compensation for their injuries.

If you’re recuperating after a spinal cord injury, your focus needs to be on healing and rebuilding your life, not researching the law and filing court documents. Let us handle the work involved in negotiating with insurance companies and pursuing a lawsuit on your behalf so you can recover in peace. Contact our Hampton, Virginia law firm today online or by calling (757) 244-7000 to schedule a free consultation.

Read on for more information about Virginia spinal cord injury lawsuits.

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What Kind of Settlement Can a Virginia Spinal Cord Injury Attorney Help You Secure?

Some of the most common types of damages that may be available in a Virginia spinal cord injury lawsuit include coverage for:

  • Medical expenses: You may be able to recover compensation for past and future medical expenses related to your spinal cord injury, such as hospital bills, medication expenses, any necessary medical equipment, and ongoing physical therapy and rehabilitation.
  • Lost income: If your spinal cord injury has caused you to miss work or become unable to work, you may be entitled to compensation for lost wages and future earning capacity.
  • Pain and suffering: Spinal cord injuries can cause excruciating physical pain, emotional suffering, and a decreased quality of life. You may be able to recover damages for the pain and suffering you have endured and will continue to experience.
  • Punitive damages: In cases where the defendant’s conduct was particularly reckless or intentional, you may be entitled to punitive damages. These damages are designed to punish the defendant for their behavior and to deter others from engaging in similar conduct.
  • Wrongful death: Surviving family members of someone who lost their life due to a spinal cord injury may file a wrongful death lawsuit to cover medical costs, funeral and burial expenses, loss of future income, loss of companionship, and pain and suffering associated with their grief.

Your Virginia spinal cord injury attorney from Smith Law Center will gather documentation for past costs and consult experts to calculate future costs. Your lawyer will also introduce evidence to account for “invisible” damages, such as the loss of enjoyment of life experienced when a person is prevented from participating in activities that were previously enjoyed.

Loss of enjoyment damages can address the inability to sports, playing with children, traveling, driving, or simply moving through the world easily and without pain. These too are real losses that the court may recognize and compensate if a skilled attorney properly presents them during negotiations or trial.

Pursuing Compensation for a Spinal Cord Injury

Seeking compensation for a spinal cord injury involves legal action to address the financial and emotional consequences of the injury. Individuals often pursue compensation through personal injury claims, especially if the injury resulted from someone else's negligence or intentional wrongdoing.

This process may involve negotiating with insurance companies or filing a lawsuit to secure damages for medical expenses, rehabilitation costs, lost wages, and pain and suffering. Legal professionals experienced in personal injury law can guide individuals through the complexities of these cases. They can help patients and families seek the financial support needed to cope with the significant challenges posed by spinal cord injuries.

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How Do Spinal Cord Injuries Happen?

Spinal cord injuries can occur through traumatic events, such as motor vehicle accidents, falls, sports injuries, violence, and diving accidents. These can cause fractures, dislocations, or compressions of the spinal cord.

Non-traumatic causes include diseases like cancer and arthritis, infections such as meningitis, degenerative disc disease, and autoimmune disorders like multiple sclerosis. If these conditions are caused or worsened by medical malpractice, you could pursue legal action.

Spinal Cord Injury Facts and Statistics

According to the National Institutes of Health (NIH):

  • There are approximately 17,000 new cases of spinal cord injury each year in the United States.
  • The leading cause of spinal cord injury is vehicular accidents, followed by falls.
  • The lifetime cost of care for a person with an injury to the spinal cord at the neck level (high tetraplegia) is estimated to be around $5 million.

A spinal cord injury lawsuit may be the only way to secure the full amount of funds needed for dignified lifelong care.

Smith Law Center Attorneys

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.

What Kinds of Accidents Does a Virginia Spinal Injury Lawyer Handle?

Personal injury law covers a wide range of accidents and negligent injuries. At the Smith Law Center, our spinal injury lawyers regularly represent clients for:

Spinal cord injuries can happen in a broad range of contexts, meaning this is only a partial list of legal options — if you suffered a spinal cord injury in any instance that involved another person’s negligence, contact the Smith Law Center at (757) 703-4891 to discuss the circumstances and explore your options.

How Can a Virginia Spinal Injury Attorney Help Your Case?

A Virginia spine injury attorney from Smith Law Center can provide legal services such as:

Investigating the Case

  • A personal injury attorney will conduct a thorough investigation of the case to gather evidence and build a strong case. This may involve obtaining police reports, medical records, witness statements, and other relevant evidence.

Evaluating Damages

  • A personal injury attorney will evaluate the extent of the damages suffered by their client, including medical expenses, lost wages, and pain and suffering, to determine the appropriate compensation amount.

Negotiating with Insurance Companies

  • Personal injury attorneys are skilled negotiators who will work with insurance companies to reach a settlement that is fair and just for their clients.

Filing a Lawsuit

  • If a fair settlement cannot be reached, a personal injury attorney will file a lawsuit on behalf of their client and represent them in court.

Representing Clients in Court

  • A personal injury attorney will represent their clients in court, presenting evidence and arguing on their behalf to ensure they receive the compensation they deserve.

Overall, your lawyer’s primary goal is to ensure you receive fair and comprehensive compensation for your injuries, all while protecting your right to privacy throughout the legal process.

Determining Liability for Spinal Cord Injuries

Establishing liability for spinal cord injuries is a crucial aspect of legal proceedings. In cases of traumatic accidents, such as car crashes or falls, liability may rest with the party responsible for the incident, often due to negligence or wrongful actions. Identifying liability involves assessing factors like reckless driving, unsafe premises, or defective products.

In non-traumatic cases, liability may stem from medical malpractice, workplace negligence, or defective medical devices. Legal professionals play a key role in investigating these incidents, gathering evidence, and presenting a compelling case to determine who is at fault. Once liability is established, it forms the basis for seeking compensation to address the extensive costs associated with spinal cord injuries.

Person with spinal cord injury in wheelchair with caregiver

Contact Experienced Virginia Spinal Cord Injury Lawyers

The spine is the pathway between your brain and the operation of your entire body. Even the slightest injury like a sprained muscle can be debilitating, and catastrophic injuries like slipped discs, broken bones, or severed nerves entirely alter the course of a person’s life.

Knowing the profound impact that spinal cord injuries have on our clients and their families, the Smith Law Center works on a contingency fee basis. This means that we do not require upfront payment, and instead offer our services and invest our resources to hire experts and build your case first. We only earn our fees after we have successfully delivered results for you.

If you need advocates to handle complex legal matters on your behalf, while protecting your rights and negotiating for the true cost of your injury both past and future, we’re here to help. Reach out to the Smith Law Center online or by phone at (757) 244-7000 for the representation you need for seeking the justice you deserve.

FAQ

Frequently Asked Questions

How much compensation can I receive for a spinal cord injury in Virginia?

The amount of compensation you may receive for a spinal cord injury in Virginia depends on several factors, including the severity of your injury, the extent of your damages, and the strength of the case your attorney prepares. Some of the largest settlements and verdicts in the U.S. for spinal injuries are in the multi-million dollar range due to the high cost of injuries that can cause paraplegia or quadriplegia paralysis.

Will my spinal cord injury case go to trial?

It’s possible that your spinal cord injury case may go to trial, but most cases are settled out of court in a relatively timely manner. However, while a full trial may take longer, the amounts ordered by a judge can be far higher than the amounts the opposing side would ever agree to in negotiations.

Your spine injury attorney from the Smith Law Center can handle your case all the way through a trial if that is the best way to reach a satisfactory resolution. We will always work towards your best interests to ensure you have meaningful compensation as soon as possible.

What evidence is needed to prove a spinal cord injury case in Virginia?

To prove a spinal cord injury case in Virginia, your lawyer will need to provide evidence that the defendant was negligent and that their negligence caused your injury. This may include medical records, witness statements, accident reports, and other relevant documentation.

We also have the ability to hire expert witnesses like physical therapists and economists to accurately account for the true cost of your injury going forward. We use those calculations to demand a fair amount during negotiations.

How long do I have to file a spinal cord injury lawsuit in Virginia?

In Virginia, the statute of limitations for filing a personal injury lawsuit, including spinal cord injury cases, is 2 years from the date of the injury. It is crucial to consult with an attorney as soon as possible to ensure your claim is filed within the statute of limitations. Contact the Smith Law Center at (757) 244-7000 today — we may be able to begin work on your case right away so you don’t miss your window for justice.

How much can you get from a spinal injury?

Settlements or jury awards in spinal cord injury cases can range from hundreds of thousands to millions of dollars to adequately cover medical expenses, rehabilitation costs, lost income, pain and suffering, and ongoing care needs.

It's crucial to consult with a personal injury attorney specializing in spinal cord injuries to assess the specific circumstances of the case and determine a realistic estimate of potential compensation.

Can you sue for pain and suffering in Virginia?

Yes, it is possible to sue for pain and suffering in Virginia. In personal injury cases, including those involving spinal cord injuries, individuals may seek compensation for both economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering).

Virginia law allows for the recovery of non-economic damages, which encompasses the physical and emotional distress, inconvenience, and loss of enjoyment of life resulting from the injury. The specific amount awarded for pain and suffering can vary based on the circumstances of the case, the severity of the injuries, and other factors.

Seeking the guidance of a personal injury attorney experienced in Virginia law is advisable to navigate the legal process and determine the appropriate compensation for pain and suffering in your specific situation.

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