Spinal Cord Injuries in Car Accidents: Building a Strong Legal Case

Yellow Pages Admin
Jul 26, 2024
4 min read

A lot changes after a spinal cord injury. You may not be able to do the job you did before the injury, or you may no longer be able to work at all. Spinal cord injuries often require lifelong medical care and give rise to many physical, emotional, and financial challenges.

You are entitled to claim compensation if your spinal cord injury was caused by a car accident. The success of your claim and the amount of compensation you receive will depend heavily on the strength of the case you put forward. Let’s talk about how to build a strong legal case so you receive maximum financial compensation following a motor vehicle accident.

Oshawa Accident Lawyer On Navigating Injury Claims

Serious personal injury cases are highly complicated and require specialized legal knowledge. Spinal cord injury cases are among the most complex and difficult to navigate. They typically involve significant losses, permanent disability, and substantial damage awards.

The first thing to know is that there are actually two potential avenues for recovering compensation. First, anyone injured in an Ontario motor vehicle accident is entitled to claim Accident Benefits, regardless of who was at fault for the accident. No-fault accident benefits cover wage loss, medical expenses, rehabilitation costs, adaptive aides, and attendant care benefits, among other things, up to the applicable policy limits (usually $1 million, unless you purchased an additional $1 million in optional benefit coverage). Second, anyone injured in an Ontario motor vehicle accident caused by another person’s fault or negligence is entitled to bring a personal injury lawsuit to recover damages from the wrongdoer. Through a personal injury lawsuit, you can obtain damages for pain and suffering, loss of enjoyment of life, lost wages, loss of future earnings, out-of-pocket expenses, and the costs of future care. Most third-party auto insurance policies in Ontario carry $1 million limits, but the applicable limits may be higher if they (or you) purchased additional coverage.

Building A Strong Legal Case

As you can see, there is a lot of money at stake in a serious personal injury case. Living with a spinal cord injury is expensive as the injury impacts so many aspects of life. Every dollar matters. Here are the steps to take to build a strong case that maximizes your compensation:

Seek medical attention right away to get an accurate diagnosis and treatment, and then continue to see your doctor and other health care providers. Proper medical treatment is essential for your health and recovery. The records produced when you seek medical attention or receive treatment are also vital to proving your case. You will need detailed medical records to demonstrate that your spinal cord injury was caused by the car accident, that you didn’t have pre-existing issues/injuries, and that you did what your doctor recommended in terms of rehabilitation.

Talk to a spinal injury lawyer. Oshawa lawyers at Kelly Greenway Bruce have handled many serious traumatic spinal cord injury claims. We have the experience and knowledge to evaluate your claim so you know what your claim is worth. We can advise you on your legal options, root out all potential sources of coverage, and help you build the best case possible.

Gather as much evidence associated with the car accident as possible. For example, take photos at the scene and record the details of the accident. Keep any potential witnesses' names, addresses, and phone numbers. If you are too injured to gather this information, an Oshawa spinal injury lawyer at our firm can assist you with gathering evidence to prove liability (fault) for the accident.

If liability is denied or you are accused of contributing to the car accident, your case can be strengthened by hiring an investigator to locate witnesses, and/or an engineering expert or accident reconstruction expert to analyze the collision and determine how and why it occurred.

Keep receipts and invoices for any expenses you incurred due to your injuries.

Obtain documents to substantiate your claim for past and future wage loss, such as tax returns, pay stubs, employment records, and records relating to failed returns to work, accommodations at work, and any steps you’ve taken to retrain for other work post-accident.

Hire a financial expert to support your past and future income loss claims. An accountant, economist, and/or actuary is usually needed in serious personal injury cases to calculate the value of past and future loss of income and provide an opinion on your career trajectory, retirement prospects, trends in your industry, and your earning capacity. This type of evidence is particularly important if you were still in school or just starting out in your career when injured, self-employed, a business owner, or have fluctuating income (e.g., commission, bonuses, seasonal work).

The insurance company and lawyer for the defendant will almost certainly dispute the cause of your injuries and whether you are as disabled as you claim. An independent medical examination performed by a doctor not involved in your treatment can carry substantial weight and strengthen your case. An Oshawa or Lindsay disability lawyer at Kelly Greenway Bruce can make arrangements for you to be examined by an expert.

Past and future care costs are often a very significant monetary component of a spinal cord injury case. In cases involving serious or catastrophic injuries, preparation of a detailed cost of future care report is essential to building a strong case. These reports are typically prepared by a certified rehabilitation nurse. We can connect you with the right expert.

A structured settlement report is also an important component of many personal injury cases. A structured settlement is designed to invest compensation you receive and then provide you with a stream of guaranteed, tax-free payments for life or for a set period of time.

Start Building A Strong Legal Case With A Spinal Injury Lawyer

Oshawa accident lawyers at Kelly Greenway Bruce can analyze your case and help you build a strong claim for compensation.

While it’s true that most personal injury cases settle without the need for a trial, it’s essential to start building a thorough case from day one. A thoroughly prepared case is much more likely to settle out of court, saving you time, stress, and money. If out-of-court settlement is not possible, your well-prepared case will be ready to go before a judge and jury if necessary.