St. Louis Spinal Cord Injury Lawyer

A spinal cord injury can be permanent, life-altering, and have an enduring effect on the lives of the victim and their family. A spinal cord injury is most often caused by someone else’s negligence, whether that involves a motor vehicle accident, construction site accident, slip and fall accident, medical malpractice, birth injury, defective product, sports accident, recreation accident, or an intentional act of wrongdoing

If you have suffered a spinal cord injury due to someone else’s negligence, it is essential to hire a lawyer experienced in spinal cord injuries for your case. Obtaining the compensation you deserve after a spinal cord injury requires a lawyer with experience and resources.

The St. Louis spinal cord injury attorneys at our law firm share over 50 years of combined experience, and fight aggressively to attain the best results possible for our clients. Call Miller & Hine today at (314) 413-2053, or contact us online to arrange for a free initial consultation.

What Causes a Spinal Cord Injury?

Spinal cord injuries are caused by significant trauma to the head or neck, or direct damage to the spinal cord or the nerves at the base of the spinal canal. These injuries often compromise strength, sensation, and bodily functions below the injury site.

A spinal cord injury victim must deal with more than just the medical treatment needed for the original injury. They must also deal with future surgeries, rehabilitation, physical therapy, and perhaps most importantly, obtaining the best care and treatment for their present and future medical and personal needs. Victims shouldn’t have to worry about standing up to insurance companies while they recover.

With the remarkable progress science and medicine have made in spinal cord rehabilitation, having the money and means to take advantage of these medical and scientific developments can mean the difference between a functioning life or being stuck with something less. But insurance companies are not always ready to pay spine injury victims enough to ensure they cover medical expenses for the best care available.

Accidents That Sometimes Result in Spinal Cord Injuries

There are approximately 17,730 new spinal cord injuries per year in the United States. The spinal cord is full of delicate nerves that control body functions. Traumatic accidents with powerful impacts may shatter vertebrae and cause sharp bone splinters to bruise, damage, or tear the delicate nerves bundled inside the spinal cord. Sadly, these nerves do not regenerate and recovery may be limited. Some common accidents that result in this type of damage include:

• Car accidents
• Motorcycle accidents
• Pedestrian accidents
• Falls
• Sports injuries
• Diving accidents
• Trampoline accidents
• Birth injuries
• Medical malpractice
• Violence, including gun violence

While new research promises hope for future treatment options, spinal cord accident victims often require lifelong treatment, therapies, and medical intervention. A successful spinal cord injury claim can help relieve financial burdens so accident victims can focus on maximizing their recovery and quality of life.

Liability in Spinal Cord Injuries

Only about half of all new spinal cord injury victims file claims for compensation for their injuries, possibly because navigating the legal process can be tricky and frustrating, and insurance companies are not anxious to pay out claims when their profits depend on taking in more money collecting premiums than they pay out in claims. Determining liability in spinal cord injuries depends on proving fault in the accident that caused it.

If someone’s negligence caused your injury, securing the following evidence can prove liability and maximize your chance for a successful claim:

• Evidence that the accident occurred because of someone else’s negligence or breach of the duty of care they owed to you and others. For instance, drivers on the road owe a duty of care to other drivers to follow traffic laws and drive responsibly. Medical professionals owe their patients a duty of care to safeguard their health by being thorough and diligent in their medical care.
• Proof that the breach of duty of care or act of negligence resulted in your accident
• Proof that the accident caused you physical harm in the form of spinal cord damage and long-term negative impacts on your life as well as financial damages
• Proof that the at-fault party’s insurance was in effect at the time of the accident.

Despite the difficulties involved in dealing with insurance companies, an experienced spinal cord attorney knows how to maximize your chances of a successful claim by gathering and presenting the evidence in a demand letter to the insurance company or through courtroom litigation.

How Can an Experienced St. Louis Spinal Cord Injury Lawyer Help?

At Miller & Hine, we prepare every spinal cord injury case to support the victim’s compensation for the injury’s past, present, and future medical and financial needs. This means putting together a team comprised of medical experts, life care planners, rehabilitation experts, economists, and trial lawyers, who have all been selected for their skill at analyzing, documenting, and persuasively presenting their findings to prove that you deserve the most compensation possible for your spinal cord injury claim.

We are committed to helping spinal cord injury victims recover full and fair compensation for their injuries and resulting financial needs. Both spinal cord injury victims and their families need and deserve personal injury attorneys who understand the medical, economic, and psychological impact the spinal cord injury has on their lives.

The goal in each spinal cord injury case we handle is to help our clients and their families recover the compensation they need to live the best lives possible after such a traumatic injury. If you or someone you care about has suffered a spinal cord injury in St. Louis due to someone else’s negligence or wrongdoing, we can help.

Who Can Be Held Liable for a Spinal Cord Injury?

Most spinal cord injury claims are based on the negligence of one party and the resulting catastrophic injury to another. Proving negligence and liability for a spinal cord injury requires documenting evidence to demonstrate the at-fault party’s action meets the legal standard for liability. An attorney does this by showing evidence of the following:

• The at-fault party owed a duty of care to the injury victim to take all reasonable measures to avoid causing injury
• They breached this duty through an act of negligence
• The negligent breach of duty directly caused the injury
• The injury victim suffered economic and non-economic damages from the injury

Common liable parties in spinal cord injury claims include the following negligent parties:

• Drivers
• Property owners
• Construction crews
• Road maintenance agencies
• Sports leagues or sports and recreational facilities
• Third-parties in the workplace
• A person responsible for an act of violence

The manufacturers of defective products are also sometimes liable for spinal cord injuries, but because of strict liability laws for manufacturers, it isn’t necessary to prove negligence, only that a manufacturing mistake, marketing error, or design flaw made the product unsafe. The liability standard is also different for spinal cord injuries caused by medical malpractice, in which case it’s necessary to prove that the doctor deviated from the acceptable standard of care.

What Is the Statute of Limitations for Spinal Cord Injuries In Missouri?

Like all states, Missouri limits the amount of time that can pass before an injury victim can present a case in court. This helps to ensure evidence is still available and eyewitness testimony remains reliable. Most states limit this to two years. Missouri has an exceptionally generous five-year statute of limitations for personal injury claims, including spinal cord injury claims under Missouri Code section 516.120. If the injury occurs to a minor, they have until five years after their 18th birthday to file a claim.

A court will dismiss a lawsuit brought against a defendant if they file the petition past the five-year statute of limitation.

What Compensation Can You Gain For a Spinal Cord Injury Claim?

Spinal cord injuries can have a devastating impact on your financial future as well as your physical well-being. That’s why damage claims can be a critical factor for accident victims suffering this type of injury. With a successful claim you could recover the following in economic damages:

• Medical expenses and future medical expenses
• Lost wages, future lost earnings, and diminished capacity for earning
• Home modification
• Transportation/vehicle modification
• Domestic help and/or home healthcare

Spinal cord injuries are often traumatic and life-changing, causing the following non-economic damages:

• Pain and suffering
• Mental anguish
• Loss of enjoyment in life
• Loss of consortium (the ability to have a close, and/or physical relationship with a loved one)
• Punitive damages in cases where the spinal cord accident resulted from egregious misconduct, intentional malice with a desire to harm, or particularly flagrant disregard for human life. Punitive damages aren’t meant as compensation, but instead, have the intention of punishing the defendant and discouraging further egregious misconduct in the future.

All accident victims deserve fair compensation for their injuries, but for the long-term life-altering impacts associated with spinal cord damage, a successful claim can make a tremendous difference in during recovery and years of ongoing therapy, treatment, and assistance.

The Legal Process for Spinal Cord Injury Cases In St. Louis

Most compensation claims for spinal cord injury damages are made directly against an at-fault party’s insurance company; for instance, auto insurance after a car accident or property liability insurance after a broken staircase accident. The process for a compensation claim for a spinal cord injury typically moves forward as follows:

• The insurance company assigns an adjuster to investigate the accident/incident with the goal of minimizing their policyholder’s liability and reducing the payout on the claim
• The injury victim’s attorney also investigates to prove liability
• The injury victim’s attorney carefully calculates their economic and non-economic damages to maximize the amount of compensation they can claim
• The attorney sends a well-executed demand package to the insurance company and begins negotiations for a settlement
• In some cases, all parties meet for mediation to achieve a settlement agreement
• Either the injury victim and insurer agree on a settlement or the case proceeds to court where the attorney presents their arguments for a jury to decide

Over 90% of spinal cord injury claims in Missouri are resolved with a settlement agreement. If your case goes to court, it may take longer to conclude but court cases often end with a large jury award for the victim’s damages since juries tend to feel sympathetic toward injury victims.

Contact St. Louis Spinal Cord Injury Lawyers with Over 50 Years of Combined Experience

Contact Miller & Hine at (314) 413-2053, or visit our contact page to discuss your case with one of our spinal cord injury lawyers in St. Louis. We offer a free initial consultation, and we charge no fees until we obtain compensation on your behalf.