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.