San Diego Spine Injury Attorney

Unsure where to start with a San Diego spine injury? This difficult path can be riddled with uncertainty, expensive medical expenses, insurance issues, and legal challenges. In these difficult circumstances, a San Diego spine injury attorney is crucial. They help you navigate the law as you recover.

This article discusses the importance of a San Diego Spine Injury Attorney in cases of spinal injuries, providing guidance on what to do if you suffer such an injury. It covers topics such as the causes of spinal cord injuries, steps to take after an injury, recoverable damages, California’s statute of limitations, and the role of a spine injury attorney.

What to Expect:

• Understanding the complexities and challenges of spinal injury cases.
• Information on spinal cord injuries, their causes, and symptoms.
• Guidance on the steps to take after a spine injury.
• Explanation of recoverable damages in such cases.
• Details on California’s statute of limitations for personal injury cases.
• Information on exceptions to the statute of limitations.
• The importance of hiring a competent San Diego Spine Injury Attorney.
• Contact details for the Benner Law Firm for a free strategy session.

At Benner Law Firm, we have handled spinal injury lawsuits for years. Our lawyers know these cases’ laws inside and out. Every case is important to us and should be treated with care. We support customers throughout the process, ensuring they are not alone.

Start recovery with a team that cares about you and your case. Let us seek your justice and reparation. Contact us by phone or in the lower right chat box for a free strategy session.

A Spinal Cord Injury (SCI) is damage to the nerves and cells that run from the brain to the spine and lower back. SCIs usually result from:

• Direct injury to the spinal cord, or
• Damage to the surrounding tissues and vertebrae that safeguard the cord

SCI symptoms can be quite intense, which may include:

• Loss of muscle function or motor coordination
• Loss of sensation
• More grave conditions like paralysis

Traumatic brain injuries sometimes involve spinal cord damage due to their tight relationship. A wrongful death claim may stem from more serious injuries that kill.

With almost 54 SCI cases per 1 million people in the U.S. (~18,000 new cases annually), these types of claims can get complex. Thus, hiring a law firm with a history of positive outcomes in such cases is crucial.

Spinal Cord Injuries can be attributed to several factors. Let’s discuss each of these:

• Vehicular and Traffic Accidents: This is the leading cause of spinal cord injuries. The force involved in car crashes can lead to significant damage to the spine.
• Sports Injuries: High-impact and extreme sports can result in injuries to the spine. It’s not uncommon for athletes to suffer from such injuries.
• Aviation Accidents: Although less common, spinal cord injuries can also result from aviation accidents due to the high impact involved.
• Defective Products: Products that fail to work as promised or breakdown unexpectedly can lead to serious harm including injuries to the spine.
• Premises Liability: Spinal cord injuries can result from various accidents, with premises liability accidents playing a significant role. For instance, slip and fall accidents often lead to severe injuries, including spinal cord damage.
• Violence: Regrettably, violent acts such as gunshot wounds and stabbings can result in spinal cord injuries.
• Workplace Accidents: Individuals involved in high-risk professions, such as construction, are more prone to encountering accidents leading to spinal cord damage.

Being aware of these common causes can help in understanding and, where possible, preventing spinal cord injuries.

If you suffer a spine injury in San Diego, here are some steps to follow:

Step 1: Seek Medical Help

Your health comes first. As soon as possible, get medical help. Keep documentation of all medical treatments and therapies you undertake.

Step 2: Report the Incident

Whether the injury happened at home, work, or in a public place, it’s crucial to report the incident to the appropriate authority.

Step 3: Document Everything

Document everything—how the injury occurred, accident facts, witness accounts, medical records. Claim filing later may require these facts.

Step 4: Limit Communication

Don’t talk about your accident or injury on social media. If you sue, your words could be used against you.

Step 5: Consult a San Diego Spine Injury Attorney

Finally, but crucially, consult a spine injury attorney. Spinal injury lawsuits are complicated. A competent San Diego Spine Injury Attorney can help you navigate the law, represent your interests, and get you the compensation you deserve.

When someone else caused a spinal cord injury, damages might be sought. If the at-fault party has insurance, some losses can be obtained through claims, while others require a civil case. These damages fall into two categories:

Special Damages

Also known as economic damages, these have a definite monetary value which can be determined through appropriate documentation. Examples of special damages include:

• Medical device expenses
• Home adaptations, such as wheelchair ramp installations to improve accessibility
• Loss of earnings and decreased earning potential
• Loss of household services

General Damages

General damages include all the ways the accident and spinal cord injuries have affected your life. Due to their intangible nature, spinal cord injury lawyers must quantify these damages. General, or non-economic, damages may include:

• Mental suffering
• Emotional distress
• Humiliation and shock
• Physical pain
• Loss of pleasure in life

Punitive Damages 

If you’ve suffered a spinal cord injury, there’s something called punitive damages you might be able to get. These damages are extra money given on top of regular damages to punish the person who hurt you. This usually happens if they were really negligent or did something mean on purpose. It is important to remember though that the court gets to decide whether to give these damages or not.

Understanding these possible damages helps spinal cord injury patients seek compensation and hold responsible parties accountable.

Under California Code of Civil Procedure §335.1, injured individuals have two years from the accident date to file a lawsuit. The “statute of limitations” is two years.

Say someone else’s mistake caused your spinal cord injury in a car crash, slip-and-fall, or other catastrophe. If your accident occurred on January 1, 2023, you must file a lawsuit by January 1, 2025.

If you miss this two-year limit, you may lose your right to sue for the cause of your accident. If you’ve been wounded, you must investigate your legal options immediately.

What is the Deadline for Resolving My Case?

The statute of limitations doesn’t mean your case must be settled before it expires. As long as you file your lawsuit on time, complex lawsuits can last for years.

What Happens If I Miss the Filing Deadline?

After the California personal injury statute of limitations, you can still sue, and the other party receives a copy and can respond. In scenarios where the other party doesn’t respond, you might even get a judgment in your favor.

If the other party responds and points out the statute’s expiration, the court must reject your claim for compensation and dismiss your complaint, regardless of negligence.

Are There Exceptions to the Statute of Limitations?

Although unusual because forgetfulness does not qualify, a lawsuit may be able to proceed notwithstanding an expired statute of limitations.

The court may make an exception if you were physically or psychologically unable to exercise your legal rights at the deadline. If your injuries kept you in a hospital bed or coma, the court may give you more time to file.

If you took reasonable efforts after an accident but were ignorant of any damage, the court may set the statute of limitations to begin when a reasonable person would have admitted injury.

Spine injuries can change your life, and legal issues might be difficult. Thus, a San Diego Spine Injury Lawyer is required. What makes a good spine injury lawyer:

• Understanding of Medical Terminology: A trustworthy spine injury lawyer knows spinal injury medical terms. This knowledge helps you explain your injuries and their effects to a judge or jury.
• Familiarity with Valuation of Damages: Spinal injury damages are difficult to quantify due to long-term effects. An competent attorney can estimate future medical expenses, lost earnings, and non-economic losses like pain and suffering.
• Strong Negotiation Skills: Negotiating with insurance companies takes good negotiation abilities to reach a fair settlement. A qualified attorney can fight low-ball proposals and represent your interests.

Here at the Benner Law Firm, we’re ready to help achieve a favorable outcome for your spine injury case.

Ready to discuss your case with us? Get in touch by making a call, submitting a form, or using the chat box on the lower right for a free strategy session. We’re here to assist you.

From managing your health to paying medical costs, a spine injury can be difficult. Your health should be your priority, not legal issues. Our San Diego Spine Injury Attorney can help you navigate this complicated process.

Also, remember that our support extends beyond spine injuries. We provide services for a variety of related practice areas, such as back injuries, brain injuries and burn injuries. These areas often intersect with spine injuries, making our services all the more comprehensive and respondent to your needs.

Time is of the essence. Connect with our San Diego Spine Injury Attorney today to discuss your case. We’re here to help you navigate this complex process with clarity and confidence. Your journey towards recovery starts today.