Spinal cord injuries are often traumatic injuries that can significantly change your life. When another person causes your injury, you have the right to hold them accountable. Indianapolis spinal cord injury lawyers can help you recover the damages you deserve.
Navigating a lawsuit can be a complex and difficult process, which is why you should seek the assistance of an attorney. Having professional legal help will make the lawsuit easier to handle and increase the chance of a successful outcome.
An Indianapolis Spinal Cord Injury Attorney Can Guide You Through a Lawsuit
Lawsuits are overwhelming to those who are not lawyers. A Carmel Fishers personal injury lawyer will ensure your case is handled properly and your rights are protected.
A lawsuit can last several years after filing. Fortunately, the plaintiff is not involved in every part of the lawsuit, and a good attorney will limit their exposure to litigation.
The Discovery Stage
Once the lawsuit is filed, the parties are required to exchange all information related to the spinal cord injury and the event that caused it. The plaintiff’s attorney will handle the transfer of records, reaching out to the plaintiff only if they need a document. The documents exchanged include medical records, medical bills, and any information related to the plaintiff’s job and earnings.
Once the document exchange is complete, the plaintiff will have to attend a deposition. During the deposition, the plaintiff must answer questions from the opposing attorney about the events that caused the spinal cord injury, the injury itself, and the impact the injury has had on their life. Fortunately, your attorney can be present and prevent the defendant’s attorney from asking unreasonable questions.
Resolving a Spinal Cord Injury Lawsuit
There are several ways for a lawsuit to end. The most known way is through a trial in front of a jury or a judge. However, alternative dispute resolution methods exist, including mediations and arbitrations. Both methods utilize a third party to help bring the sides together on an agreement.
Generally, only arbitration is binding, and when the arbitrator delivers their decision, the parties must accept it. However, both parties may reject or accept a mediation agreement and proceed to the next steps of litigation, usually a trial. A Carmel Fishers spinal cord injury lawyer can help guide you through the alternative resolution process and achieve an outcome you are happy with.
Common Causes of Spinal Cord Injuries
Spinal cord injuries can be debilitating and potentially deadly. Types of spinal cord injuries range from broken vertebrae, paralysis, and various diseases of the spine. While spinal cord injuries result from a variety of events, there are some common causes, including:
- Medical malpractice;
- Car and auto accidents;
- Slip and falls; and
- Infections.
Regardless of how your spinal cord injury occurred, an Indianapolis spinal cord injury attorney can help you recover the damages you deserve.
Damages an Indianapolis Spina Cord Injury Attorney Can Help You Recover
Once the defendant is found responsible or agrees to their fault, the plaintiff is entitled to damages for their injuries. A plaintiff may receive economic and non-economic damages and potentially punitive damages. Economic and non-economic damages are considered compensatory damages, and punitive damages are used to punish the defendant.
Economic damages are designed to compensate the plaintiff for their financial loss resulting from the injury. This includes lost wages, lost earning capacity, and out-of-pocket expenses caused by the injury.
Non-economic damages compensate the injured party for the injury’s impact on their life. The plaintiff may receive damages for past pain and suffering, future pain and suffering, and loss of quality of life. The plaintiff’s quality of life is judged by comparing their life and activities from before the accident to their life and activities afterward.
Punitive damages are awarded to the injured party in addition to compensatory damages. The plaintiff receives punitive damages when the defendant acts in a grossly negligent manner or in an intentional manner that is intended to cause harm. However, should the person who suffered the spinal cord injury die, punitive damages are not available.
Time Limitation to Bring an Indianapolis Spinal Cord Injury lawsuit
It is important to move quickly to start spinal cord injury cases in Indiana. In Indiana, you have two years from the time of your injury or from the date you discovered it.
Should you fail to bring the lawsuit on time, the court may refuse to hear your case. As such, failure to timely file a lawsuit results in the loss of an opportunity to recover damages.
A lawsuit can be overwhelming to those who don’t understand the legal process. As such, it is important to have an Indianapolis spinal cord injury attorney assisting you with your case. Contact David Allen of Camden & Meridew at 317-770-0000 or reception@camlawyers.com.