The average yearly cost of undergoing spinal cord injury treatment in the USA is in the hundreds of thousands. It’s a debilitating injury that puts one through excessive trauma. If a spinal cord injury occurs due to someone else’s negligence, Missouri law states that the victim is due for financial compensation. To rightfully fight for justice and compensation, contact a spinal cord injury lawyer.
When someone experiences a spinal cord injury, the physical and emotional toll can be overwhelming. Not only does it impact their daily life, but it also has financial implications due to medical expenses and potential loss of income. In such cases, it’s essential to understand the legal options available for seeking compensation. This article explores different avenues that individuals affected by a spinal cord injury can explore to secure the compensation they deserve.
1. Personal Injury Claims
One of the most common legal options is pursuing a personal injury claim. In personal injury cases, the injured party seeks compensation from those responsible for their injuries. This could involve filing a lawsuit against the negligent party or negotiating a settlement.
Gathering evidence is crucial in these cases to build a strong claim. Doctors’ reports, medical bills, witness statements, and expert testimony may all play significant roles in establishing liability and determining the amount of compensation sought.
2. Product Liability Claims
In some instances, a spinal cord injury may result from using defective or dangerous products. If this is the case, pursuing a product liability claim may be appropriate. Product liability claims allow injured individuals to hold manufacturers or distributors accountable for injuries caused by their products.
To pursue this type of claim successfully, one must establish that the product was defective or unreasonably dangerous and that this defect directly caused the spinal cord injury. Proving causation often requires expert testimony and thorough investigation.
3. Workers’ Compensation Claims
A spinal cord injury sustained at work may entitle an individual to workers’ compensation benefits. Workers’ compensation provides financial assistance for medical expenses and lost wages resulting from work-related injuries.
Submitting timely documentation related to the accident is crucial when filing for workers’ compensation benefits. As each jurisdiction has unique regulations regarding these claims, consulting with an experienced attorney specializing in workers’ compensation cases is strongly advised.
4. Social Security Disability Insurance
For those whose spinal cord injuries leave them unable to work temporarily or permanently, applying for Social Security Disability Insurance (SSDI) may be an important step towards securing financial stability. SSDI provides income support to individuals with disabilities that prevent them from substantial gainful employment.
To qualify for SSDI benefits, an individual must meet specific criteria set by the Social Security Administration (SSA). Eligibility is based on factors such as work history, medical evidence of disability, and proof of inability to engage in substantial gainful activity.
5. Medical Malpractice Claims
In some instances, a spinal cord injury might result from medical malpractice. Medical professionals have a duty of care towards their patients and must adhere to accepted standards when providing treatment.
If a healthcare provider’s negligence or error leads to a spinal cord injury, the affected individual may have grounds for a medical malpractice claim. However, proving medical malpractice can be complex and requires expert testimony from medical professionals familiar with the nature and consequences of the injury.
6. Wrongful Death Claims for Spinal Cord Injuries
Losing a loved one due to a spinal cord injury is devastating. In cases where the victim does not survive their injuries, family members may have recourse through wrongful death claims. These claims enable eligible family members to seek compensation for the financial and emotional losses they have endured as a result of their loved one’s passing.
Wrongful death claims typically involve establishing negligence or misconduct on the part of another party that directly led to the fatal spinal cord injury. This may require providing evidence such as medical records, witness testimonies, and expert opinions to prove liability.
7. Veterans’ Benefits for Spinal Cord Injuries
Members of the military who sustain spinal cord injuries while on active duty may be eligible for veterans’ benefits. The U.S Department of Veterans Affairs (VA) provides comprehensive support programs and benefits specifically designed for veterans with service-related disabilities.
Veterans with spinal cord injuries may qualify for benefits such as disability compensation, health care services, assistive technology and equipment, home adaptations, vocational rehabilitation, and more. The VA has specialized centers dedicated to providing comprehensive care and rehabilitation services tailored to meet the unique needs of veterans with spinal cord injuries.
Conclusion
Facing life after a spinal cord injury is undoubtedly challenging on numerous levels. Pursuing legal options for compensation can alleviate some of the financial burdens associated with such injuries. Whether it’s through personal injury claims, product liability claims, workers’ compensation benefits, Social Security Disability Insurance, or medical malpractice claims—each avenue offers an opportunity to seek the compensation necessary to secure a better quality of life.
