After Suffering a Spinal Cord Injury, Am I Able to Build a Lawsuit?

Back to Home
Victims of spinal cord injuries may feel that the best route to justice is by seeking financial retribution by filing a lawsuit against their aggressor. Lawsuits are a complicated and time consuming process, and forcing a trial should be considered with caution before being decided on. Lawsuits differ from legal claims, which is another way to seek legal retribution without a long-term trial. Regardless of the legal route you choose, a professional personal injury lawyer should be your first contact when considering legal action.

What Is the Difference between a Claim and a Lawsuit?

After being injured, it is difficult to decide which legal path to take against the perpetrator of the injury. There is a clear legal difference between a claim and a lawsuit, and it is important to know the distinction before taking action. A legal claim notifies the secondary party that legal representation has been secured, and that the defendant has made a "claim” or statement against that party. The claims process is typically a set of back and forth negotiations between parties in hopes of reaching some sort of legal compromise without having to go to court. When a lawsuit is formed, it is due to either the claims process being unsuccessful, or there being too many claims against said party for any negotiations to successfully take place. Lawsuits involve many third party participants, such as a jury and judge, and take much longer than the claims negotiation process.

Steps to a Lawsuit

After deciding that a lawsuit is your preferred method of legal action following a spinal cord injury, there are important steps to take to ensure you are best cared-for. Ensuring you have excellent legal representation is the most pivotal step to justice. Disability lawyers, or personal injury lawyers, are seasoned professionals at defending injury victims and they understand the difficult nature of the situation at hand. They will understand how to best formulate strong legal claims, help you seek out the strongest pieces of evidence, and walk you through the legal process.
Obtaining medical documents and reports is another key step, as they outline all immediate and long-term health care required by the spinal cord injury. All medical cases are well-documented by doctors and nurses, and injuries as severe as spinal cord trauma are well taken care of by many medical professionals. Secondary medical complications are also important when it comes to keeping documentation, as they can also be used when in a legal trial. Rehabilitation complications such as pressure sores or ulcers are a common side effect of spinal cord injuries, and records of their medical treatment should be kept close by.
Make sure when taking the time to file a lawsuit against an insurance company, or other secondary party, that you look into the injury and educate yourself on similar lawsuits in the past. While your personal injury lawyer is the strongest person to have representing you, it is important you are aware of what you are doing. If your injury was sustained due to negligence or dangerous circumstances, ensure you have proof that you were not at fault, as this is a common defence strategy for many companies.
Level 7 (XP: 2950)
Interested in learning more about the options available to you after an injury or accident?

Call the Sokoloff team today to claim the accident benefits you deserve!

Our Personal Injury Law Firm offers free consultations and no upfront legal fees in Toronto and the surrounding area.

Remember, Don't Put It Off, Call Sokoloff!