Spinal cord injuries (SCI) resulting from car accidents are among the most severe and life-altering injuries one can experience. These injuries most often lead to significant physical, emotional, and financial challenges, leaving victims unsure of how to move forward. In New Jersey, individuals who sustain spinal cord injuries due to another party's negligence have the right to seek compensation through a personal injury lawsuit. This article outlines the steps you need to take to pursue a lawsuit for spinal cord injuries after a car accident in New Jersey.

Understanding Spinal Cord Injuries and Their Impact

Spinal cord injuries happen when trauma damages the spinal cord, disrupting the brain's communication with the rest of the body. These injuries sometimes result in partial or total paralysis, chronic pain, or loss of motor functions.

Key statistics highlight the gravity of SCI cases:

• Approximately 17,900 new SCI cases occur annually in the United States, with car accidents being the leading cause (39.3%).
• The estimated lifetime cost of treating an SCI can range from $1.2 million to over $5 million, depending on severity and age at injury.

For victims in New Jersey, recovering these costs is a priority, particularly when negligence is involved.

Step 1: Seek Immediate Medical Attention

The first and most important step after a car accident is to get medical attention, even if you feel fine. Symptoms of spinal cord injuries may not manifest immediately, and early diagnosis can significantly impact recovery outcomes. Additionally:

• Obtaining prompt medical records can establish a direct link between the accident and the injury.
• Medical documentation is a vital piece of evidence in proving damages during your lawsuit.

Step 2: Establish Negligence

To pursue a lawsuit, you must demonstrate that another party's negligence was the main cause the accident and your subsequent spinal cord injury. In New Jersey, the following elements must be proven:

• Duty of care: The defendant owed you a legal duty to act reasonably, such as following traffic laws.
• Breach of duty: The defendant failed to uphold that duty, for example, by texting while driving or running a red light.
• Causation: The breach directly resulted in your spinal cord injury.
• Damages: The injury caused measurable losses, like medical bills, lost income, or pain and suffering.

New Jersey follows a comparative negligence rule, which means your compensation will be reduced if you are partially at fault. However, you cannot recover damages if your fault exceeds 50%.

Step 3: Consult an Experienced Personal Injury Attorney

Handling a spinal cord injury lawsuit on your own can be overwhelming, especially given the complexity of New Jersey's legal system. An experienced attorney can:

• Evaluate the merits of your case and provide tailored advice.
• Help with evidence, such as accident reports, medical records, and witness testimonies.
• Collaborate with insurance companies and opposing counsel to reach a fair resolution.

Step 4: Document Evidence to Support Your Claim

Building a strong case requires thorough documentation. Key pieces of evidence include:

• Medical records: Proof of diagnosis, treatment plans, and prognosis.
• Accident reports: Police documentation that outlines the circumstances of the crash.
• Witness statements: Testimonies from people who saw the accident occur.
• Photographs or videos: Visual evidence of the scene, vehicle damage, and visible injuries.

Maintaining a detailed record of your experiences, such as a pain journal, can also strengthen your claim for non-economic damages like emotional distress.

Step 5: Pursue Compensation

Victims of spinal cord injuries may claim compensation for the following damages:

• Economic damages: Includes medical expenses, rehabilitation costs, lost wages, and reduced earning capacity.
• Non-economic damages: Covers pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages: In rare cases, the court may award punitive damages if the defendant's actions were particularly reckless or malicious.

Step 6: Be Prepared for Potential Challenges

Lawsuits involving spinal cord injuries are complex and often contested by insurance companies seeking to minimize payouts. Common challenges include:

• Arguments that the injury predated the accident.
• Attempts to reduce compensation by claiming you share fault.
• Delays in the legal process that prolong resolution.

An attorney's expertise is invaluable in countering these challenges and ensuring your case proceeds efficiently.

Conclusion

Spinal cord injuries can have life-altering consequences, but victims in New Jersey have legal avenues to seek justice and compensation. By following the steps outlined above and working with an experienced attorney, you can create a strong case and improve your chances of receiving fair compensation.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.