• As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients. Mr. Malman is involved in all of his firm’s cases, and he is always available to speak with clients. Mr. Malman is committed to satisfying every client that his firm represents, so that even under difficult circumstances, they end their case with a positive impression of the legal profession.

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How to Seek Compensation for a Spinal Cord Injury

November 9th, 2012

Receiving Compensation for a Spinal Cord Injury

When you have sustained a spinal cord injury (SCI) as a result of someone else’s negligence, you should consider consulting with a personal injury attorney. You might be entitled to compensation for your injuries, and only a personal injury attorney knows how to help you seek recoverable damages best. You should know, though, that any number of factors can play a role in determining the amount of compensation you receive, but the most common factors include the particular circumstances of your case as well as your state’s laws. This is where the knowledge and expertise of a personal injury attorney can be extremely beneficial.

Want to find out if you are entitled to compensation for your spinal cord injury? Then call a Chicago personal injury attorney today and schedule your consultation.

Proving Your Compensation Right

In order to recover any kind of damages for your injury, you might first have to demonstrate several things, including any of the following:

-That the SCI was a direct result of another person’s total or reckless disregard for your own safety.

-That you personally were injured.

-That your injury was due to the negligent incident and was not caused by an unrelated incident or a pre-existing condition.

-That you actually sustained a compensable injury.

-That you did not contribute to any of the negligence that caused you harm.

Allowable Damages for Spinal Cord Injuries

In certain states, under the doctrine of comparative negligence, the amount of compensation or permitted damages may be reduced proportionately if it is discovered that you personally played a role in the injury you sustained. For instance, in a case where the court determines that you are 20 percent at fault, your expected compensation would be decreased by that same percentage. In a few states, there is something called the restrictive contributory negligence rule, a strict rule allowing these states to reduce your compensation to zero. For example, in a case where the court determines that you personally contributed at all, even just the slightest bit, to the injury you received, you could be forbidden any compensation That is, you could be denied 100% of your damages.

The compensation you could receive varies according to each state’s laws and does not necessarily include the ones covered in this article. This is why it’s important to schedule a consultation with a local attorney. Only he or she can help you in regards to the available damages for spinal cord injuries in your state.

A Few Important Terms

Medical expenses – These are costs that you’ve incurred for medical care. These costs include expenses resulting from the ambulance and hospital bills, as well as charges or fees for surgical, medical or chiropractic treatment.

Future medical expenses – These include expenses for future treatment of injuries or disabilities such as the expenses required for rehabilitation, biomedical equipment, (like wheelchairs and electrical machines to aid respiratory or feeding care) transportation and attendant care.

Lost income – This includes any reimbursement for lost wages due to your injury.

Lost future earning capacity – This is the amount of money intended to provide compensation for income you would have earned over time had you not suffered the injury.

Pain and suffering – This includes any pain, suffering, disfigurement or impairment, disability and/or the loss of life’s pleasures as a result of your injury.

Property damage – This includes the costs to repair or replace any property damaged during the accident.

Why You Should Consult with a Personal Injury Attorney

If you sustained a spinal cord injury. you should know that you have the right to seek compensation. Contact a personal injury attorney as soon as you can after your accident. The sooner you can, the better, due to the law imposing a statute of limitations that varies by state. This means you are only allowed a certain amount of time within which to pursue a legal claim.

So make a call today to get your consultation scheduled with a personal injury attorney who can discuss your case with you.

DISCLAIMER: All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Steven J. Malman & Associates shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. For more information read our full disclaimer.

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