After attaining a traumatic spinal cord injury, victims may
wonder if they are able to file a claim against the at-fault party. Victims of
injury should never hesitate to contact a disability lawyer when a painful
ordeal happens. Strong personal representation is needed to draft a strong
claim. Spinal cord injury claims vary in financial retribution depending on the
severity of the injury and the location of the impact on the spinal cord. The
after-effects of the injury are also important to the claim, and medical examination
is a pivotal factor in any potential claim.
What Is the Cost of Caring for a
Spinal Cord Injury?
Depending on the location and impact of the spinal cord
injury, the cost of possible rehabilitation and lifelong impact can vary. The financial
impact of these injuries is not just the immediate cost of hospitalization,
medication, and rehabilitation. For instance, if the spinal cord injury leads
to permanent paralysis, the overall cost of the injury includes long-term care,
secondary complications, medical equipment, unemployment, and various other
expenses.
Recent studies suggest that Canadians vastly underestimate
the cost of spinal cord injuries. Surveys showed that the average Canadian estimated
a cost of 100 million dollars for the long-term healthcare of spinal cord
injury victims, whereas the true yearly cost is close to 3 billion dollars. The
true total cost of care for an average patient with a spinal cord injury was
over 123 thousand dollars in 2005/2006, and the costs are sure to increase with
inflation. This total cost of care includes rehabilitation and hospitalization,
both significant expenses when caring for the immediate effects of a spinal
cord injury.
Should I Still File a Claim if I Have
insurance?
Even if you have personal health insurance along with OHIP,
making a spinal cord injury claim is an important step to financial security
during a time of injury. Be it a lifelong impairment or just a temporary
injury, living with a spinal cord injury costs tens if not hundreds of
thousands of dollars more than the cost of care for the average injured person.
Health insurance premiums can help relieve some, but surely not all, of the
financial burden. Even the best coverage does not account for much of the long-term,
costly expenses that occur after the immediate medical expenses are taken care
of.
Filing a Claim
The
most important part of taking legal action after an injury is contacting a
professional disability lawyer. Personal injury law firms experienced in
traumatic injury cases. They understand the sensitivity of the situation;
having dealt with similar situations, they’re knowledgeable when it comes to obtaining
the best results. It is also important to remember that without the adequate
medical documents, the most severe injury lawsuits suffer greatly. The size of
the claim varies depending on many things, such as severity of injury, the necessary
rehabilitation, and the lifelong consequences of the injury. There is no one
right answer to how large or small the claim can be, just like there isn’t one
single kind of spinal cord injury. Hesitation when claiming a spinal cord
injury does no one justice. Contacting a disability lawyer is an important step
to financial recovery.
Receiving Compensation for a Spinal
Injury
If there is negligence involved, a spinal
cord injury victim may be eligible to receive compensation for their injury. In
order to do so, a lawsuit needs to be filed against the negligent person. A
lawyer can help to build a case and gather evidence against the accused.
The insurance company will usually not
debate the injury, but they will debate who was at fault. An accident Reconstructionist
or Engineer might even be hired in such cases to determine exactly who was at
fault.
What
Evidence is Needed?
In order to build a case, evidence is used
to determine who was at fault. This evidence includes:
- Physical damage to the inside
or outside of the vehicle
- Witness interviews
- Damage to the seats in the
vehicle
- Damage to the windows or
windshield
- Any marks on the road after the
accident
- Inspection of hazardous
building structures on-site
What
to do after an Accident
If a spinal injury is suffered after an
accident, it is important to act as fast as possible to gather evidence.
Evidence may deteriorate as the time passes and delaying this process will only
weaken your case against the accused. A lawyer can advise you on the best
practices to take after an accident and how to receive proper compensation for
your spinal injury.