Sustaining a spinal cord injury can have a profound impact on a person’s life. It can cause severe pain and permanent disability that significantly affects their quality of life. If someone else caused your spinal cord injury due to their negligent behavior, you may have the right to seek compensation for your injuries. This article explores how to recover damages for a spinal cord injury in an Ohio personal injury case.
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Overview of Spinal Cord Injury
The spinal cord is a bundle of nerves that runs from the base of the brain to the lower back. It is responsible for transmitting signals from the brain to the rest of the body’s organs and tissues. An injury to the spinal cord can disrupt this communication, resulting in loss of sensation, loss of mobility, or even paralysis.
Spinal cord injuries can occur due to a variety of incidents, including car accidents, slip and fall accidents, sports injuries, and medical malpractice. The severity of the injury and the level of paralysis depend on the location of the injury on the spinal cord.
Recoverable Damages in an Ohio Personal Injury Case
If you sustain a spinal cord injury due to someone else’s negligence, you may be entitled to receive compensation for your losses. Under Ohio law, you can recover two types of damages: economic and non-economic damages.
Economic Damages
Economic damages refer to the monetary losses incurred due to the injury. These damages are meant to compensate the victim for the actual financial losses sustained. Economic damages may include:
- Medical expenses: You can recover the cost of reasonable and necessary medical expenses incurred due to the spinal cord injury, including hospitalization, surgeries, rehabilitation, and medication.
- Lost wages: If you are unable to work due to the spinal cord injury, you can recover the wages lost as a result. This includes past and future lost income.
- Property damage: If your personal property was damaged due to the incident that caused the spinal cord injury, you can recover the cost of repairing or replacing it.
Non-Economic Damages
Non-economic damages refer to the intangible losses incurred due to the injury. These damages are meant to compensate the victim for the pain and suffering, emotional distress, and loss of enjoyment of life experienced due to the injury. Non-economic damages may include:
- Pain and suffering: You can recover compensation for the physical and emotional pain and suffering endured due to the spinal cord injury.
- Emotional distress: The injury may cause emotional trauma, such as anxiety, depression, and post-traumatic stress disorder. You can recover compensation for these emotional losses.
- Loss of consortium: If the injury affects your ability to maintain a marital or familial relationship, your spouse or family members can recover compensation for the loss of companionship, affection, and support.
Filing a Personal Injury Claim in Ohio
To recover damages for a spinal cord injury in Ohio, you must file a personal injury claim against the responsible party. Here is a step-by-step process for filing a personal injury claim:
Gather evidence: Collect as much evidence as possible to support your claim. This may include witness statements, medical records, police reports, and any other relevant evidence.
Hire an attorney: Consult with an experienced personal injury attorney who can help you navigate the legal system and negotiate with insurance companies.
File a complaint: Your attorney will file a complaint against the responsible party, detailing the negligence or wrongdoing that caused your spinal cord injury.
Discovery: The discovery phase involves exchanging information and evidence with the opposing party. This may include depositions, interrogatories, and requests for production of documents.
Negotiate a settlement: Your attorney will negotiate with the insurance company to reach a fair settlement for your losses.
Trial: If a settlement cannot be reached, your case may go to trial to be decided by a judge or jury.
Time Limit for Filing a Personal Injury Claim in Ohio
In Ohio, the statute of limitations for filing a personal injury claim is two years from the date of the injury. If you fail to file your claim within this time frame, you may be barred from recovering damages for your losses. It is important to consult with an attorney as soon as possible after the injury to ensure compliance with the statute of limitations.
Conclusion
Sustaining a spinal cord injury can have lifelong consequences. If you or a loved one suffered a spinal cord injury due to someone else’s negligence, you may have the right to seek compensation for your losses. The legal process can be complex, but with the help of an experienced personal injury attorney, you can navigate the system and recover the damages you are entitled to receive.