Can I Receive Compensation for My Spinal Cord Injury in Indiana?

Spinal cord injuries are often the most debilitating victims can suffer when another person causes an accident. If you or a loved one is facing significant losses and life changes from a spinal cord injury, our lawyers can help get compensation by suing the liable party.

The harm caused when a person suffers spinal cord injuries is often apparent, but we must still use evidence to prove it. Our team will investigate how the defendant caused your injuries and where we can gather evidence, like accident reports and eyewitness statements. Most importantly, our attorneys know what types of experts will help prove your current damages and support our claims for your projected future losses. Medical and financial experts can explain the impact of these injuries and why significant compensation is justified. If the defense refuses to settle for the damages we demand, our team will use these experts to prove your case in court.

For your free, private case review, call our Indiana personal injury attorneys with Wruck Paupore at (219) 322-1166.

How Can I Recover Compensation for Spinal Cord Injury in Indiana?

Spinal cord injuries are some of the most catastrophic and expensive harms a person can suffer. Reports show that even a relatively low-grade spinal injury can result in hundreds of thousands of dollars in expenses in just the first year, with high-grade injuries potentially costing millions in care.

If another person caused your spinal cord injuries, our personal injury attorneys can help you sue them for the numerous damages they caused. We can investigate the incident to determine the liable parties and gather evidence to show the extent of your losses. Expert witnesses can review our evidence to help calculate your future projected damages and explain complex details in your case. Our team can then file your claim, obtain additional evidence during discovery, and negotiate a settlement. If the defendant is unwilling to settle your claim for the damages we are demanding, our lawyers can present your case to the court during a trial.

Investigate Your Accident

First, our team will conduct a comprehensive investigation into the cause of your injuries. Car accidents and falls are the biggest cause of spinal cord injuries, but many others result from violent acts, specifically gunshot wounds. Medical malpractice can also leave victims partially or fully paralyzed. How your accident was caused will inform the types of evidence our lawyers will seek.

Accident reports can provide important details about the incident, which the police will draft after a car collision and employers typically make after a workplace accident. Surveillance footage might also have captured the criminal moments when you were injured. We will also investigate whether eyewitnesses saw the accident, interview them, and arrange for them to testify after we sue. Our lawyers will go out to the accident site to take photos and can use pictures taken after you were injured if available.

Gather Evidence of Your Damages

During the investigation, our team will also gather medical evidence to calculate your expenses and gauge the seriousness of your injuries. Spinal cord injury victims often require lengthy hospital stays, prescription medications, in-home care, assistive devices, and home and vehicle upgrades. We will gather records and reports from the various healthcare providers you treated with during your recovery.

Many victims also cannot return to work and should be compensated for their lost income. Our attorneys can use employment records, tax returns, and other documents to substantiate your current lost wages.

Consult Expert Witnesses

Because evidence of spinal cord injuries is quite complex and victims’ future losses are challenging to gauge, we will usually collaborate with several expert witnesses for help.

Medical experts can review and discuss the nature of your spinal cord injuries, explaining the current symptoms you suffer from and how your injuries are likely to develop in the future. They will have the experience and knowledge to determine ongoing therapies you will need, the necessary medical equipment to help with recovery, and any other rehabilitative services your long-term treatment requires.

Financial and occupational experts can help determine your future lost earning potential, like promotions, bonuses, and other advancements you will miss out on because of your injuries.

File Your Claim

Once our lawyers have the evidence that we need to describe the cause of your injuries and the damages that we are requesting the court grant, your claim can be filed. Despite the numerous challenges for victims described above, I.C. § 34-11-2-4(a)(1), the statute of limitations for personal injuries, still only gives most people with spinal cord injuries two years to sue.

There are few exceptions to the limitations period. One is for victims with a recognized legal disability, which will toll the statute of limitations until the disability is lifted, at which point they will have two years to file a claim, as per § 34-11-6-1. Legal disabilities include minors and individuals who are mentally or physically incapacitated at the time the injuries occur.

Negotiate a Settlement

The goal is to settle for all the damages described above, as well as your pain and suffering. Spinal cord injury victims commonly experience great physical pain in the accident and on the road to recovery. Many also develop mental health conditions as they cope with the changes in their lives, such as depression, anxiety, and many others. Victims with permanent or near-permanent paralysis will likely endure ongoing pain and suffering. Our team will calculate your non-economic losses so that insurance companies do not undervalue your claim.

Part of the reason for gathering the types of evidence above is to combat the opinions and statements of the defense’s experts. They will have their own medical and other professionals reviewing the case looking for weak points to attack. By having your claim backed by our expert testimony, we have a better chance of winning the “battle of experts” and showing that we can prove your case in a trial. Suppose the defendant’s attorneys refuse to pay the compensation your injuries require. In that case, we will prepare our expert witnesses to take the stand and offer their observations to the judge or jury.

Call Our Personal Injury Attorneys in Indiana for Help Today

Contact our Indianapolis personal injury attorneys with Wruck Paupore at (219) 322-1166 for a free case review.