Your How-To Guide to A Brain and Spinal Cord Injury Claim

 In Blog Posts

Many injuries that resulted in accidents involving force often include brain and spinal cord injuries.  As two of the most important components of the nervous system, any damage to the brain and spinal cord can render a person paralyzed. Thus, brain and spinal cord injuries can lead to an altered lifestyle for the victim—and even a lifetime of personal assistance and constant medication.

In a study conducted by the National SCI Statistical Center, the initial cost of treatment for paralysis is $500,000 with a yearly cost of $66,000 in both medication and therapy.  So, if your brain and spinal cord injury were caused by negligence, it is important that you seek the help of a skilled Staten Island personal injury lawyer to help you get the compensation that you deserve.

When you make a claim for your brain and spinal cord injury, you have to file a personal injury suit. This suit may handle various cases and is not limited to spinal cord and brain injury. A personal injury claim also encompasses head trauma, quadriplegia, spinal fractures, paraplegia, broken bones, amputations, and other serious injuries.

How to Recover Compensation

There are two methods to get a claim for a brain or spinal injury. The first one is you can file for negligence and the second is to file under the strict liability law. A negligence claim can be made if a person’s or organization’s negligence has resulted in the injury. A perfect example of a situation that is qualified for the negligence claim is when the victim sustained brain or spinal cord injury due to a car accident as a result of distracted driving; while the strict liability law applies to product defects. This means if the injuries were sustained by a malfunctioning product, then this type of compensation claim can be filed.

What Types of Compensation Can I Get?

To determine the specific type of compensation for your situation, it is important that your current health condition is thoroughly assessed. Once you are assessed, you can get compensation for your future or past medical expenses, cost of modifying your home in order to fit your new lifestyle post-injury, loss of income, as well as suffering and anguish, to name a few—can be included.

Is There A Statute of Limitation?

In New York, filing for a compensation claim for your brain and spinal injury has a statute of limitation of only three (3) years from the date of the accident’s occurrence. However, if you have sustained a brain or spinal injury because of medical malpractice, then the statute of limitation is adjusted to 2 years and 6 months from the date of the accident. Thus, determining how long you need to file your claim is not really easy and there are so many things that you have to get familiar with. Hiring a reputable Staten Island personal injury lawyer is definitely your best bet.

Since filing for compensation for your brain and spinal cord injury can be a challenging task, it is more convenient and efficient for you to seek the help of a reliable attorney. This is especially true if your personal injury case needs a settlement and you have to go to court. If you live in Staten Island, there are skilled Staten Island accident lawyers who will guide you every step of the way, so you are rightly compensated for your brain and spinal cord injury.

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