Will My Spinal Cord Injury Claim Go to Court?

woman in wheelchair

When recovering from a spinal cord injury (SCI), navigating complex legal proceedings is the absolute last thing you want to do. If you hope to hold the liable party accountable, though, you’re going to have to put together a case sooner rather than later. Thankfully, you don’t have to do so alone.

A resourceful spinal cord injury attorney can assist with virtually every aspect of your claim. From investigating the accident and assigning blame to compiling evidence and tracking losses, a lawyer can handle the case so you can focus on your health.

If settling proves impossible, a personal injury attorney can also help you file a formal lawsuit. While there’s no way to predict which actions will end up in court, there are a few elements that can increase the likelihood of going before a judge. Read on to learn what they are:

1. Extensive Damages

Insurers aren’t inclined to hand out seven-figure payouts without giving up a fight. Unfortunately, that means those with catastrophic injuries like SCIs are often forced to go to court. Because of the nature of their condition, their claims tend to include millions of dollars in damages, which can make for especially challenging negotiations.

2. Disputed Liability

If the insurance adjuster isn’t convinced of liability, they’re not going to offer a fair settlement. As such, it’s important to present the most compelling evidence possible.

Naturally, the most valuable proof will come down to the facts of the case and the circumstances surrounding the accident. Generally speaking, though, it will probably include eyewitness testimony, official reports, photographs of the scene, and any available video footage of the incident.

3. Questionable Credibility

Insurance adjusters will look for any reason to challenge a claimant’s credibility, and once they think they’ve found one, you can be sure they’ll use it as cause to deny or at least devalue the damages. If the carrier questions some aspect of your claim, filing a formal lawsuit may be the only way to pursue the compensation you deserve.

How Can I Keep My Spinal Cord Injury Claim out of Court?

Since legal proceedings are unpredictable, there’s no foolproof way to ensure your case will settle. There are steps you can take, however, to increase the chances that the negotiations will be productive, thereby keeping your claim out of court. Such steps include:

  • Identifying all liable parties,
  • Presenting convincing evidence of fault,
  • Logging recoverable damages diligently,
  • Laying low on social media as long as your claim is pending, and
  • Refraining from giving a premature recorded statement.

Speak with a Florida Spinal Cord Injury Attorney

Are you living with an SCI because someone else was negligent? For help seeking the compensation you deserve, turn to Emerson Straw.

We know what’s at stake for accident victims, and that’s we fight tirelessly on their behalf. Over the years, we have secured numerous six- and seven-figure payouts for our valued clients. To schedule a free initial consultation with a spinal cord injury lawyer in Florida, call (727) 821-1500 or fill out our Contact Form.

The information on this website is not legal advice for any particular case or circumstance. It is intended for informational purposes only. Use of this website does not establish an attorney-client relationship.