Spinal cord injuries can have a devastating effect on your ability to meet your everyday needs. These injuries may resolve themselves over time with limited impact on your daily life, but they may also leave you or a loved one permanently paralyzed.
Knowing that your or a loved one’s spinal cord injury stemmed from someone else’s negligence can leave you feeling helpless, particularly in the face of new and life-changing physical limitations. Fortunately, you can seek justice after a debilitating spinal injury.
Delphi, IN, spinal cord injury attorneys working with Vaughan & Vaughan can represent your best interests as you take a personal injury claim to Indiana’s civil courts. Delphi personal injury lawyers with a comprehensive understanding of state law can specifically defend your right to the compensation you need to recover from a recent accident.
When to File a Spinal Cord Injury Complaint
If you want to bring a spinal cord injury to the attention of Indiana’s civil courts, you need to do so within the state’s statute of limitations. Indiana Code section 34-11-2-4 dictates that you have no more than two years to investigate your accident, compile evidence of another party’s negligence, and submit your claim to a civil judge.
You must bring your complaint forward within this two-year period if you want your case to move forward. Failure to bring your case forward within this stated timeline can see Indiana courts dismiss your right to a civil case without considering the circumstances that led to your accident.
How, though, can you thoroughly investigate a spinal cord injury accident if you’re suffering from new physical limitations? You can call on a Delphi spinal cord injury lawyer and request that they lead the investigation into your losses. Our team can apply our experience to the creation and formatting of your personal injury claim.
Who Can File a Spinal Cord Injury Complaint?
In most cases, the victim of a spinal cord injury accident or their personal executor are the only parties who have the right to pursue a spinal cord injury claim in Indiana’s civil courts. The only time this changes is when the victim is a minor.
If a minor suffers a spinal cord injury, they can either pursue a claim on their own or request that their parents file a claim on their behalf. Indiana has a flexible statute of limitations on spinal cord injury cases involving minors – minors have until they turn twenty to bring their cases forward, regardless of when their accident originally took place.
Similarly, Indiana Code section 34-23-1-2 notes that if a child passes due to a spinal cord injury accident, one or both of that child’s parents may pursue legal action in civil court on the child’s behalf.
Who Bears the Fault for a Spinal Cord Injury Accident?
If you want to take legal action after a spinal cord injury accident, you need to know who bears the blame for your losses. While it may be instinctive to blame a party that was on the scene with you, the evidence at your accident scene may put the blame for your accident onto another party.
With that in mind, Delphi, IN, spinal cord injury attorneys must carefully investigate your accident before placing the blame for your losses on a particular party. We tend to rely on a wide range of fault-related evidence, including the following:
- Photos from before and after your accident
- Videos of your accident
- Social media posts describing your accident
- Statements from bystanders
- Expert witness opinions, including emergency responders and medical practitioners
You do not have an obligation to gather this information on your own, particularly if you’re still contending with spinal cord-related limitations. Our team can move your case forward and determine who or what party you can hold liable for your losses.
Why Should You File a Spinal Cord Injury Complaint?
Filing a spinal cord injury complaint can seem unnecessarily challenging, especially if you’re already contending with medical appointments, physical limitations, and an effort to go back to work. Why should you complicate your already-busy schedule if you have all of these other obligations on your plate?
The benefits of filing a spinal cord injury claim include:
Opportunities to Secure Accident Damages
Recovering from a spinal cord injury can prove costly, particularly if you don’t have a substantial emergency fund to dip into. Filing a spinal cord injury claim allows you to demand that the party liable for your accident pay for your recovery. You can specifically demand that the liable party address your:
- Medical expenses and surgeries
- Pain management and mobility aids
- Lost wages
- Lost opportunities for future employment
- Property damage
- Emotional and mental distress
- Pain and suffering
There is a chance that the party liable for your spinal cord injury accident may attempt to undermine or even deny responsibility for your accident. If you don’t act quickly after your initial injury, that party may set the narrative for your case with police officers, insurance adjusters, and even Indiana’s civil court system.
If you ever want to secure damages for your spinal cord injury accident, you need to exert some control over the narrative surrounding your accident. This means having someone you trust, like a Delphi spinal cord injury attorney, communicate with police officers, insurance adjusters, and even the liable party.
Let a Spinal Cord Injury Lawyer Represent You
Spinal cord accident victims can turn to Vaughan & Vaughan for legal support. The spinal cord injury attorneys operating in Delphi, IN, can help injured parties like you and their families file civil complaints against the parties responsible for the injured person’s losses. This way, you can fight for the compensation you deserve with tried and true legal support.
Don’t wait for your statute of limitations to expire. Contact Indiana’s spinal cord injury lawyers today. Vaughan & Vaughan’s team of professionals can schedule your initial case consultation by phone or through the Vaughan & Vaughan website.