When you suffer a serious spinal cord injury caused by someone else’s negligence, you can go to court to seek financial recovery from the liable party. However, this is not always necessary, as many personal injury cases resolve without a trial. Still, if you are unable to secure the injury settlement through the insurance company, bringing your case to court may be the only way to recover compensation for your damages.
A spinal cord injury attorney from our firm could help you get the most out of your case. You can learn more about what to expect from the legal process following a spinal cord injury below or by calling for a free consultation.
Common Causes of Spinal Cord Injuries
Under the worst conditions, spinal cord injuries can occur in virtually any type of accident. Our firm has taken a wide variety of these cases through the Texas civil court system.
Some examples of accident cases we have taken to court for spinal cord injuries include:
- Slip and fall accidents
- Traffic collisions involving passenger vehicles, trucks, motorcycles, buses, pedestrians, and bicycles
- Premises liability accidents
- Construction accidents
- Product malfunction incidents
If you or your loved one has been involved in another type of accident that caused a spinal cord injury, you may still have the opportunity to bring a case to court. A spinal cord injury attorney in Texas can review your legal options and handle your case.
For a free legal consultation, call 877-239-4878
Liability for Spinal Cord Injuries in Texas
For your spinal cord injury case to be heard in court, your attorney will need to show that someone else is responsible for causing your injuries. Depending on the way in which the accident occurred, your attorney must provide evidence of:
- The other party’s duty of care toward you
- How they violated this duty
- How their actions caused the accident
- The spinal cord injury and other damages you suffered
For example, if you were involved in a motor vehicle accident, some of the parties our injury attorneys may look to for culpability include:
- Dram shops
- Negligent drivers
- Auto parts manufacturers
- Motor vehicle parts designers and distributors
- Auto dealerships
- Motor vehicle technicians
- Safety inspectors
- Other third parties
If your spinal cord injury case goes to court, your lawyer will be tasked with proving liability based on a preponderance of the evidence if you hope to obtain a favorable outcome.
When Your Case Might Go to Court
Although your spinal cord injury case could warrant filing a legal action with the Texas civil court system, bringing your case before a jury may not be necessary. In many cases, injury victims avoid going to court by obtaining an insurance settlement to address their damages.
However, this does not mean you won’t encounter obstacles in your case that could lead you to file a lawsuit. There are several reasons your case may warrant going to trial, such as if:
- The insurer has rejected your claim.
- The insurance adjuster has undervalued your damages, and settlement negotiations have stalled.
- Your damages exceed the other party’s insurance coverage.
- There are questions regarding the other party’s percentage of fault.
Under these circumstances, bringing your case to court may be the only way to recover maximum compensation for your damages.
Contact our personal injury lawyers today
How Long do You Have to File a Spinal Cord Injury Lawsuit?
If you hope to bring a spinal cord injury case to court in Texas, you will need to make sure your lawsuit is filed before the statute of limitations expires. Under Texas Civil Practice and Remedies Code § 16.003, you generally only have two years to file a personal injury or wrongful death lawsuit in the state.
If you don’t file before the statute of limitations runs out, you will be barred from seeking financial recovery within the Texas civil court system for this case. If you attempt to file your spinal cord injury lawsuit once the deadline has passed, the court can dismiss your case without hearing any evidence.
Although you may think you know when the statute of limitations will expire in your case, the cutoff date may not always be clear. Having one of our lawyers managing your lawsuit means you won’t have to worry about missing this filing window—we’ll identify the correct deadline and ensure you stay on track for timely filing.
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Get Help from a Spinal Cord Injury Attorney Today
If you have questions surrounding your spinal cord injury case, our team at Loncar Lyon Jenkins is ready to answer them during a free consultation. Do not hesitate to reach out to our firm to discuss the possibility of negotiating a settlement or going to court following a spinal cord injury.
Our firm proudly offers no-cost, risk-free case reviews to spinal cord injury victims across Texas. Take advantage of this opportunity when you call our office today.
Call or text 877-239-4878 or complete a Free Case Evaluation form