Spinal cord injuries can have devastating effects on individuals and their loved ones. If you suffered a spinal cord injury due to the negligence of another, pursuing a legal claim for compensation is often the best option to pursue justice. To do this successfully, you’ll need help from an experienced Albuquerque spinal cord injury lawyer.
Our Albuquerque spinal cord injury lawyers are experts in evaluating cases and building strong legal claims to make sure that those who have suffered from a spinal cord injury receive the compensation they deserve. If you need help, don’t hesitate to contact us for a free consultation with our law firm.
How Hiring an Albuquerque Spinal Cord Injury Lawyer Can Help
Hiring an Albuquerque Spinal Cord Injury Lawyer can be immensely beneficial for you if you’ve suffered a spinal cord injury. Here is how they can help:
Knowledge and Experience
An attorney will have a deep understanding of the medical, legal, and emotional aspects associated with spinal injury cases.
Navigating Complex Legal Procedures
Dealing with legal procedures, paperwork, and negotiations can be overwhelming. A specialized lawyer can handle all legal aspects on your behalf while you recover.
A lawyer can accurately assess the damages you’ve incurred, including medical expenses, rehabilitation costs, lost wages, and potential future expenses, to ensure you receive the maximum compensation possible.
A skilled lawyer can investigate the circumstances of your injury to determine liability and gather evidence to build a strong case.
Preparation for Trial
If a settlement can’t be reached, a lawyer will prepare your case for trial, presenting evidence and arguments effectively. They also have connections with medical experts who can provide testimony to support your claim.
Emotional Support and Guidance
Dealing with a spinal cord injury is emotionally challenging. A lawyer can provide support and guidance throughout the entire process.
Types of Compensation Available for Spine Injury Victims
Several types of compensation may be available to you:
Compensation for any necessary medical care, including hospitalization, surgeries, medication, rehabilitation, physical therapy, and any other anticipated future medical expenses.
If your injury prevents you from working, you may be entitled to compensation for the income you’ve lost and any future earnings you will miss out on due to your injury.
Loss of Earning Capacity
In cases where the injury affects your ability to earn a living long-term or permanently, compensation may be awarded to account for the difference in income.
If the spine injury was caused by an accident involving a vehicle or other property, compensation can be recovered to pay for the damage to your belongings.
Pain and Suffering
This encompasses the physical pain and suffering you experience due to the spine injury. It’s a non-economic form of compensation, meaning it isn’t an actual financial loss.
Compensation for any psychological trauma, anxiety, depression, or other emotional distress resulting from the injury.
Loss of Consortium
This type of compensation is for the injury’s impact on your relationships and the loss of companionship or support.
In cases where the responsible party’s actions were particularly egregious or malicious, punitive damages may be awarded to punish the wrongdoer.
What is a Spinal Cord Injury?
A spinal cord injury (SCI) occurs when the delicate nerves within the spinal cord are damaged by trauma, such as a vehicle accident or fall. SCIs can cause both temporary and permanent paralysis, as well as severe pain and other debilitating symptoms, depending on where along the spine the injury occurred. Treatment for SCI typically involves physical therapy, medications to manage pain, supportive equipment such as wheelchairs, and sometimes surgery.
Proving Liability For a Spinal Cord Injury in Albuquerque
If you have suffered a spinal cord injury due to someone else’s negligence, an Albuquerque personal injury claim can be made to seek compensation. To prove the other party is liable, the following elements must be established:
Duty of Care: The defendant must have owed a duty of care to the injured party. For example, if you suffered a spinal cord injury in an automobile accident, the other driver has a duty to act responsibly and follow the rules of the road.
Breach of Duty: The breach must have been caused by the defendant’s negligent action or inaction. An example of this would be if a driver ran a red light and collided with your car, thus breaching their duty to follow traffic laws.
Causation: The defendant’s breach must have been the cause of your injury. There must be clear evidence, such as medical records, video footage, or witness statements, demonstrating causation between the breach and your injury.
Damages: Lastly, you should be able to prove that you suffered damages from your spinal injury. This could include medical bills for treatment, lost wages because you were unable to work after being injured, or emotional distress resulting from physical pain and suffering due to your injury. If you were in an accident but you didn’t suffer any injuries or financial losses, you won’t have a successful claim.
Time Limits to File a Spinal Cord Injury Case
When it comes to pursuing a spinal cord injury case in New Mexico, it is crucial to be aware of the statutes of limitations. These are legal time limits within which a lawsuit must be filed. In New Mexico:
Personal Injury Cases: Generally, you have three years from the date of the injury to file a personal injury claim.
Government Entities: If a government entity or employee caused your spinal cord injury, you must file a notice of claim within 90 days of the incident, and you have two years to pursue a claim.
Minors and Incapacitated Individuals: For individuals who were minors (under 18) at the time of the injury or were legally incapacitated, the statute of limitations may be extended. It typically starts running once they reach the age of majority or regain capacity, then they have one year.
Failing to file within the specified time frame can result in losing your right to pursue a legal claim.
What Are The Most Common Causes Of Spinal Cord Injuries in Albuquerque?
Spinal cord injuries can range from minor to severe. Some of the most common causes include the following:
Falling down stairs or off ladders are common causes of spinal cord injuries. If another party’s negligence was the cause of your accident, they could be liable for your damages through a premises liability claim.
Work injuries that result in spinal cord injuries often leave people out of work for long periods of time and require extensive medical care that can total tens of thousands of dollars. If a workplace injury caused this type of injury, workers’ compensation coverage may available to help those affected secure financial assistance.
Car accidents are one of the most common causes of spinal cord injuries, as the force of a collision can cause severe trauma to the spine. This can occur in head-on or rear-end collisions, and even at relatively low speeds. The severity of an SCI caused by a car accident depends on where along the spine the injury occurred, as well as how much force was involved.
Collisions involving large semi trucks often involve serious trauma for passengers. The large weight disparity between passenger cars and trucks can cause a variety of spinal cord injuries that may impact victims for life. Our Albuquerque truck accident attorney is experienced in handling these complex cases.
This includes; gunshot wounds, blunt trauma caused by fights, domestic violence, and more. All these incidents can result in serious injuries that often require life-saving surgeries or rehabilitation therapies.
Medical malpractice can lead to spinal cord injuries in a variety of ways. For instance, if a doctor or surgeon fails to properly diagnose and treat an illness, accident, or infection, the patient may experience worsening symptoms that could potentially result in paralysis or other SCI-related complications. Improperly performed surgery, improper use of anesthesia, or even inadequate post-operative care can also lead to a spinal cord injury.
Why Trust Davis Kelin Law Firm With Your Albuquerque Spinal Cord Injury Case?
With decades of experience, our team of highly trained lawyers at Davis Kelin Law Firm is committed to fighting for the best possible outcome in spinal cord injury cases. Here’s why you should work with our law firm:
Our Albuquerque spinal cord injury attorneys put your interests first, and ethically and honestly prosecute each case
We never require any upfront payment, and you only pay us if we obtain compensation on your behalf
We understand the importance of punishing wrongdoers who neglect the necessary steps to ensure the safety of others. You can trust us to do what’s right for you