A devastating car crash on Highway 501. A slip and fall accident at a Conway business. A mishap during a recreational activity on the Waccamaw River. In an instant, a spinal cord injury from an accident like this can change a Conway resident's life forever. Suddenly, they may face a future filled with immense physical, emotional, and financial challenges.
For those who suffer a spinal cord injury in an accident in Conway, South Carolina, it's critical to understand the road ahead — both in terms of medical recovery and legal considerations. An experienced Conway spinal cord injury lawyer, like those in the Derrick Law Firm team, can provide guidance during this overwhelming time and fight for the compensation injured parties may be entitled to.
Types of Conway Accidents That May Cause Spinal Cord Injuries
Every accident is unique. However, spinal cord injuries may occur after:
Motor Vehicle Crashes
Car, truck, and motorcycle accidents are leading causes of spinal cord injuries across the country. These crashes can occur due to factors like speeding, distracted driving, drunk driving, or hazardous road conditions.
Slip and Fall Incidents
A slip and fall at a Conway home, business, or public property can lead to serious harm, including spinal cord damage. Property owners have a duty to keep their premises reasonably safe for visitors. Hazards like wet floors, broken handrails, or poor lighting can contribute to devastating falls.
Sports and Recreation Accidents
Conway's many opportunities for sports and recreation, such as boating and water sports on the Waccamaw River, also carry a risk of spinal cord injuries. Additionally, diving accidents, ATV wrecks, horseback riding incidents, and contact sports collisions may cause spine injuries.
Workplace Accidents
Spinal cord injuries can happen in any occupation but are common in physically demanding industries like construction, manufacturing, and agriculture. Falling from heights, being struck by equipment, and improper lifting are frequent causes of work-related spinal cord damage.
What to Do After a Conway Spinal Cord Injury Accident
The days and weeks after a spinal cord injury can be just as overwhelming as the accident scene. If possible, it’s important to:
Seek Immediate Medical Attention
The priority after any accident should be getting proper medical care. Spinal cord injuries require prompt treatment to limit the extent of the damage. Even if someone thinks their injuries are minor, it's crucial to get evaluated by a medical professional immediately.
Report and Document the Accident
If possible, the accident should be reported to the appropriate party, such as the police for a car crash or a manager for a slip and fall at a business. Photographs of the accident scene and any visible injuries should also be taken if feasible.
Follow Medical Advice
In the days and weeks after the accident, the injured person needs to follow their doctor's treatment plan and restrictions carefully. Failing to comply with medical advice can worsen their condition and potentially harm their legal case. Keeping all medical appointments and maintaining records of treatment is key.
Be Cautious When Communicating
The at-fault party's insurance company may contact the injured person soon after the accident to seek a statement. To avoid saying something that could jeopardize the case, it's best to avoid giving a recorded statement or signing anything from an insurer before speaking to a Conway spinal cord injury attorney.
Consult with an Experienced Lawyer
Contact a knowledgeable Conway spinal cord injury lawyer to discuss your rights and compensation you may be entitled to. An attorney can help injured parties by handling communications with insurers, gathering evidence to build a case, and advocating for fair compensation.
What Spinal Cord Injury Victims in Conway Can Expect
Every person with a spinal cord injury has a different path. However, in most cases, people with spinal cord injuries and their loved ones can expect:
A Long Medical Recovery
Depending on the severity and location of the damage, a spinal cord injury may require extensive emergency treatment, surgeries, hospitalization, and rehabilitation. Victims may need to relearn how to perform daily tasks and adapt to new physical limitations.
Significant Financial Costs
The lifetime costs of a spinal cord injury can easily reach into the millions of dollars when factoring in medical bills, lost income, home modifications, and other injury-related expenses. Many injury victims cannot work at all, making the financial impact even more catastrophic.
Profound Impacts on Daily Life
A spinal cord injury affects almost every aspect of a person's life. Their home may need expensive modifications for accessibility. They may require daily assistance with tasks like bathing and dressing. Relationships and mental health often suffer. Leisure activities they once enjoyed may no longer be possible.
Legal Proceedings
If another party caused the spinal cord injury, the victim may choose to pursue a legal case to recover compensation, which often means filing an injury lawsuit. Litigation can be lengthy, complex, and emotionally draining, but a lawyer can handle the case and advocate for a fair settlement or court judgment.
Why Spinal Cord Injury Victims in Conway May Need a Lawyer
A lawyer may be able to help by:
Proving Liability
Succeeding in a spinal cord injury case requires showing that another party was liable for causing the accident and resulting harm. This often involves collecting evidence, interviewing witnesses, and constructing persuasive legal arguments to demonstrate the at-fault party's negligence.
Establishing Damages
A significant part of a spinal cord injury case is calculating the victim's damages. Damages are all the ways the injury has negatively impacted the victim's life financially, physically, and emotionally. Some damages, like medical bills, are straightforward to prove. Others, like pain and suffering and lost future earnings, are more complicated.
Negotiating with Insurance Companies
The at-fault party's insurer will likely try to settle the spinal cord injury case for as little as possible and victims may get pressured into accepting lowball settlements that don't begin to cover their expenses. A Conway spinal cord injury lawyer can handle all dealings with insurers and fight for a proper settlement.
Taking the Case to Trial
If the insurance company doesn't make a fair settlement offer, the spinal cord injury case may need to be tried and tried before a jury.
Compensation Available in Conway Spinal Cord Injury Cases
Every case is unique, and damages depend on the victim’s individual losses. Some possible types of damages include:
Medical Expenses
A successful spinal cord injury case may provide compensation for all related medical costs, including current and anticipated future needs. This may include surgeries, hospitalization, medication, medical equipment, home health care, ongoing rehabilitation and therapy, home modifications, and more.
Lost Income
Spinal cord injury victims may recover compensation for the income they've lost from missing work as well as the loss of their future earning capacity if their injuries affect their ability to work in the future. Compensation might cover the earnings they likely would have made over their entire career if the injury hadn't occurred.
Pain and Suffering
South Carolina law allows spinal cord injury victims to seek compensation for non-economic damages like physical pain, emotional anguish, loss of enjoyment of life, scarring and disfigurement, and loss of consortium with a spouse. Calculating a fair figure for pain and suffering is complex and often requires expert analysis.
Punitive Damages
In rare cases where the at-fault party's actions were especially reckless or egregious, a jury may also award punitive damages to punish the wrongdoer, deter similar misconduct, and send a message to the community about the consequences of such behavior. There are caps on punitive damages under South Carolina law.
How to Choose a Conway Spinal Cord Injury Lawyer
People with spinal cord injuries have options and may consider different things when choosing an attorney, such as:
Experience with Spinal Cord Injury Cases
When looking for a Conway spinal cord injury lawyer, experience can matter. Spinal cord damage cases can be more complicated than other personal injury claims. While past results do not guarantee future outcomes, spinal cord injury victims may look for lawyers with in-depth knowledge of the medical and legal issues involved and a history of handling catastrophic injury cases.
Investigation and Case Preparation Skills
Winning a spinal cord injury case requires leaving no stone unturned when investigating the accident, proving liability, calculating damages, and constructing a case strategy. A law firm with the resources to conduct prompt and thorough investigations and build a persuasive, evidence-backed case may be beneficial.
Willingness to Take Cases to Trial
Consider a law law firm's trial experience. An experienced spinal cord injury attorney will prepare a case as if it's going to trial and will be ready to present it to a jury if necessary to obtain fair compensation.
Personal Attention and Dedication
The attorney-client relationship is especially important in a spinal cord injury case that may last for months or years. A lawyer should take the time to get to know the client, understand how the injury has impacted their life, and advocate for the client's rights.
