Spinal cord injuries are often debilitating. You could suffer difficulties, including bladder problems, muscle weakness, and complete motor function loss. Depending on how severe the spine injury is, it could disable you for life and put a significant dent in your finances.
However, if someone else is to blame for your injury here in Fort Worth, you can seek damages from them to recover from your losses. Let us find out how you could work with our Fort Worth personal injury lawyer in taking legal action.
Many Laws Could Apply to Your Injury Action
Many events could cause injuries, ranging from accidents to crimes. That means different rules could apply, depending on the circumstances surrounding your spinal cord injury. However, our Fort Worth spinal cord injury lawyer can review your situation to determine these specific laws. Part of their work is to stay updated on various injury-related statutes.
For example, if your injury was due to an auto accident, your attorney can check for state and local traffic and transport regulations that the other driver violated. On the other hand, if your spine got injured in a slip and fall accident, then the lawyer can look into Texas’ premises liability laws instead.
Proving Your Spinal Cord Injury
Besides proving that the other party acted negligently or purposefully, you also need to show that your condition resulted from the incident they caused. That means you would have to present medical reports on your spinal cord injury. You could also have a qualified medical expert review your injury and testify that the other party’s actions were the most likely cause.
Your Fort Worth spinal cord injury lawyer can help compile other types of evidence against the liable party, such as:
- Police reports
- Eyewitness testimonies
- Surveillance camera footage
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Damages for Spinal Cord Injuries in Fort Worth
Besides collecting evidence, the Fort Worth spinal cord injury lawyer can also help estimate your total recoverable damages. Compiling your expenses as soon as they start accruing helps in computing your settlement amount as accurately as possible.
The two main damages you can receive are economic and non-economic damages. Economic damages pay for the financial cost of your spinal cord injury, including:
- Hospital visits, surgeries, and medical tests
- Physical therapy and rehabilitation
- Lost wages and earning capacity (for instance, you are no longer able to return to your work due to the injury, resulting in a much less lucrative job)
Meanwhile, non-economic damages compensate for your intangible losses, such as the pain and suffering you endured. While Texas does not have a formula for calculating this amount, you typically receive a higher value if your condition is more grievous.
Shared Fault Can Reduce Your Settlement
Even if your spinal cord was severely injured, you might not receive the full amount of damages owed to you. Texas Civil Practice & Remedies Code § 33.012 can reduce your recovery if you are partly responsible for the incident that injured you.
Suppose that a driver beat the red light while you were slightly over the speed limit during a car accident. As such, the other motorist is 70 percent at fault while you are 30 percent liable. So, if your damages totaled $100,000, you would get $70,000 or 70 percent. However, you are completely barred from recovery if you share more than half of the fault.
Before you file anything, you could have your Fort Worth spinal cord injury lawyer go over your evidence to see if it sufficiently supports your statements.
Your Compensation Options
Once you and the Fort Worth spinal cord injury lawyer have specified your damages and compiled enough evidence, you can file an action against the at-fault party. Here are the two main ways you can settle the matter.
Insurance policies such as auto and business insurance come with liability coverage here in Fort Worth. When a policyholder is at fault for an accident, this coverage will shoulder their victims’ expenses up to a certain limit. You could file a liability claim with the other side’s insurer to get compensated for your losses.
If you cannot accept their initial offer, the Fort Worth spinal cord injury lawyer can help negotiate with the insurance company.
However, the Fort Worth spinal cord injury lawyer may advise you to bring a lawsuit if the other party has insufficient liability coverage or is uninsured. You could also file a case if you were injured in a crime, as insurance providers typically do not pay for their client’s intentional actions.
Since you got injured here in Fort Worth, you must bring the case to the Tarrant County Courthouse. The civil court will decide the amount you can recover after reviewing the proof and statements from both sides of the suit. It may take several proceedings to reach a verdict, but the injury attorney can represent you in court and advise you through them.
Keep in mind that injury lawsuits typically have a two-year filing deadline, as Texas Civil Practice & Remedies Code § 16.003 states. Missing the due date means your case will automatically get dismissed, so it is best to start working on the suit as early as possible. Your spinal cord injury lawyer can track the work progress to see what else needs doing and if you can submit on time.
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Speak with Our Fort Worth Injury Attorney
Spinal cord injuries are painful, inconvenient, and costly to treat. Fortunately, the law lets you file for compensation against the people at fault. If an individual or an entity is behind your condition here in Fort Worth, Loncar Lyon Jenkins can help you comply with filing requirements and represent you when facing the other party.
Our team has served personal injury clients since 1988 and stands ready to use our decades of experience to help with your legal concerns. For a free consultation with a team member, you can call us anytime. You can also send your case details through this website.