Spinal cord injuries (SCIs) are among the most catastrophic injuries an individual can sustain. These injuries often lead to permanent disability, significant medical expenses, and a drastic change in quality of life. Securing the services of an experienced spinal cord injury attorney is critical in navigating the complex legal landscape to ensure adequate compensation and support for recovery. This article delves into the importance of experienced legal representation for spinal cord injury cases, how to identify the right attorney, and profiles some top attorneys in this specialized field.
Understanding Spinal Cord Injuries
Types of Spinal Cord Injuries
Spinal cord injuries are typically categorized into two main types:
Complete Spinal Cord Injury: This results in a total loss of motor and sensory function below the site of the injury, leading to complete paralysis.
Incomplete Spinal Cord Injury: This allows for some degree of sensation or movement below the injury site, depending on the severity and location of the injury.
Consequences of Spinal Cord Injuries
The implications of spinal cord injuries are profound and multifaceted, affecting various aspects of a person’s life:
Paralysis: Can be either paraplegia (paralysis of the lower body) or quadriplegia (paralysis of all four limbs).
Chronic Pain: Persistent and often debilitating pain that significantly impacts quality of life.
Respiratory Issues: Especially common with injuries at higher spinal levels.
Bladder and Bowel Dysfunction: Leading to additional health complications and impacting daily life.
Emotional and Psychological Impact: Including depression, anxiety, and PTSD, which require psychological support and therapy.
Financial Burden: Covering immediate and long-term medical care, rehabilitation, assistive devices, home modifications, and loss of income.
The Importance of an Experienced Spinal Cord Injury Attorney
Financial Implications
The financial burden of spinal cord injuries can be overwhelming. Immediate costs include emergency medical care, surgeries, and hospital stays, while long-term expenses involve rehabilitation, assistive devices, home modifications, and ongoing medical treatments. Additionally, the inability to work often leads to significant income loss, further exacerbating the financial strain.
Securing Compensation
An experienced spinal cord injury attorney is essential for securing the compensation needed to cover these extensive costs. Compensation can be sought for:
Medical Expenses: Covering both current and future medical care.
Rehabilitation Costs: Including physical therapy, occupational therapy, and psychological counseling.
Lost Wages: Compensation for lost income and diminished earning capacity.
Pain and Suffering: Non-economic damages for physical pain and emotional distress.
Loss of Consortium: Compensation for the impact on relationships with family members.
Legal Expertise and Strategy
An experienced attorney understands the complexities of spinal cord injury cases and can navigate the legal system efficiently. They have the expertise to:
Gather and Present Evidence: Collecting medical records, accident reports, and witness statements to build a strong case.
Negotiate with Insurance Companies: Insurance companies often aim to minimize payouts. An experienced attorney can negotiate effectively to ensure fair compensation.
Represent in Court: If a fair settlement cannot be reached, the attorney will be prepared to take the case to trial and advocate on your behalf.
Finding the Right Spinal Cord Injury Attorney
Key Qualities to Look For
Experience and Specialization: Look for an attorney with extensive experience handling spinal cord injury cases. Specialized knowledge in SCI law and related medical issues can significantly influence the case’s outcome.
Track Record of Success: An attorney with a history of securing substantial settlements and verdicts for SCI clients is preferable.
Client Testimonials and Reviews: Positive feedback from previous clients can indicate the attorney’s competence and client care.
Resources and Network: A good attorney should have access to a network of medical experts, investigators, and other professionals to build a strong case.
Communication Skills: The attorney should communicate clearly and keep you informed about the case’s progress.
Compassion and Empathy: Given the emotional toll of spinal cord injuries, a compassionate attorney can provide necessary support and understanding.
Steps to Find the Best Attorney
Research and Referrals: Begin by researching attorneys specializing in spinal cord injury cases. Seek referrals from friends, family, or other trusted sources who have experience with personal injury attorneys.
Initial Consultations: Schedule consultations with several attorneys to discuss your case. Many personal injury attorneys offer free initial consultations.
Ask the Right Questions: During the consultations, ask about the attorney’s experience, approach, and fees.
How many spinal cord injury cases have you handled?
What is your success rate with these cases?
Can you provide references from past clients?
What are your fees and payment structure?
How do you plan to approach my case?
Evaluate Compatibility: Choose an attorney with whom you feel comfortable and confident. Trust your instincts and consider how well they communicate and understand your needs.
Case Evaluation: During the initial consultation, the attorney will evaluate the merits of your case. This includes reviewing medical records, accident reports, and other relevant documents.
Investigation: The attorney will conduct a thorough investigation, which may involve gathering evidence, interviewing witnesses, and consulting with medical experts.
Filing a Claim
Demand Letter: The attorney will draft a demand letter outlining the case details, injuries sustained, and the compensation sought. This letter is sent to the at-fault party or their insurance company.
Negotiation: The attorney will negotiate with the insurance company to reach a fair settlement. This may involve back-and-forth discussions and additional evidence presentation.
Litigation
If a fair settlement cannot be reached, the attorney may advise filing a lawsuit. The litigation process involves:
Filing a Complaint: The attorney files a legal complaint with the court, outlining the case details and the compensation sought.
Discovery: Both parties exchange information and evidence through written questions, document requests, and depositions.
Pre-Trial Motions: The attorneys may file motions to resolve certain issues before trial.
Trial: If the case goes to trial, the attorney will present the evidence and argue your case before a judge or jury.
Verdict and Appeal: If the verdict is in your favor, the at-fault party may appeal the decision. The attorney will continue to represent you through the appeals process if necessary.
Profiles of Top Spinal Cord Injury Attorneys
John H. Gomez, Gomez Trial Attorneys
Location: San Diego, California
About: John Gomez is renowned for his exceptional track record in personal injury law, including spinal cord injury cases. With numerous multi-million-dollar settlements and verdicts, his firm is dedicated to providing top-notch legal representation to spinal cord injury victims. John’s compassionate approach and relentless pursuit of justice make him a leading attorney in this field.
Ben Rubinowitz, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Location: New York, New York
About: Ben Rubinowitz is a prominent personal injury lawyer with extensive experience in spinal cord injury cases. Known for his meticulous preparation and formidable courtroom presence, Ben has secured significant results for his clients. His commitment to client care and his expertise make him one of the top lawyers in the country.
Robert W. Kelley, Kelley Uustal
Location: Fort Lauderdale, Florida
About: Robert Kelley has a long history of handling catastrophic injury cases, including spinal cord injuries. His firm is known for its aggressive representation and dedication to achieving justice for their clients. Robert’s comprehensive understanding of the medical and legal aspects of spinal cord injuries ensures that his clients receive the best possible representation.
Michael Ehline, Ehline Law Firm
Location: Los Angeles, California
About: Michael Ehline specializes in spinal cord injury cases and has a deep understanding of the challenges faced by spinal cord injury victims. His dedication to securing justice and substantial compensation for his clients has earned him a stellar reputation. Michael’s hands-on approach and personal commitment to each
Stephen M. Smith, Brain Injury Law CenterHampton, Virginia
About: Stephen Smith is a leading attorney in traumatic brain and spinal cord injury cases. His firm is dedicated to helping clients rebuild their lives after catastrophic injuries. Stephen’s expertise, coupled with his compassionate client care, makes him one of the top attorneys in the field of spinal cord injury law.
Document Everything: Keep detailed records of all medical treatments, expenses, and communications
Follow Medical Advice: Adhering to your medical treatment plan is crucial for your health and the strength of your case.
Communicate Openly with Your Attorney: Provide all necessary information and stay in regular contact with your attorney.
Be Patient: Legal cases, especially those involving significant injuries, can take time to resolve. Trust your attorney’s process and be patient.
Conclusion
Choosing the right spinal cord injury attorney is crucial for securing the compensation and support needed to manage the consequences of a spinal cord injury. By considering factors such as experience, track record, client testimonials, resources, communication skills, and empathy, you can find an attorney who will provide the best representation for your case.
Take the time to research and consult with multiple attorneys before making your decision. The right attorney will not only