Getting the Compensation You Deserve After a Spinal Injury in Maryland

Suffering a spinal injury in an accident can be devastating, leaving you unable to work and facing huge medical bills. While no amount of money can make up for what you have lost, getting the compensation you legally deserve can help ease the financial burden. In Maryland, spinal cord injury victims have the right to pursue compensation through a personal injury lawsuit or settlement.

Proving Liability

The first step is proving that another party was legally liable for the accident that caused your injury. Typical spinal cord injuries result from:

Car Accidents

Car accidents are one of the leading causes of spinal cord injuries. If another driver caused an accident due to negligent behaviors like speeding, distraction from texting, or intoxication, they can be held liable for injuries they cause. Specific examples of liable behaviors include:

  • Speeding 10-20 mph over the posted speed limits
  • Texting, talking on the phone, or otherwise being distracted by devices while driving
  • Failing to stop or yield right-of-way at signs or lights
  • Making unsafe lane changes without signaling or checking blind spots
  • Driving aggressively by tailgating other vehicles
  • Passing improperly in no-passing zones
  • Driving recklessly by swerving dangerously between lanes

If an accident investigation determines a driver engaged in willful misconduct like these behaviors that show a disregard for safety, the injuries they cause will make them liable.

Slip and Fall Accidents

Dangerous conditions on someone’s property that cause a slip, trip, or fall accident can also lead to spinal injuries. Property owners are responsible for maintaining safe premises and can be sued if unsafe conditions cause accidents. For example, they can be liable if they fail to:

  • Clean up wet floors or spilled liquids
  • Remove tripping hazards like torn carpeting, uneven flooring, or cords
  • Maintain stairs and handrails properly
  • Provide sufficient lighting in walkways or parking lots
  • Clear ice, snow, leaves, or other debris from pathways
  • Correct known defects like broken tiles, steps, or sidewalk cracks

If photographs or documentation of these types of hazards exist combined with proof the property owner knew about them, the premises liability for any spinal injury they allowed to happen will be clear.

Workplace Accidents

Finally, violations of safety regulations by employers that lead to catastrophic workplace spinal injuries can make them liable as well. This includes failing to:

  • Properly train equipment operators or machinery users
  • Provide appropriate safety gear like harnesses, restraints, helmets, or back braces
  • Install adequate machine guarding mechanisms
  • Identify lifting hazards and provide lifting aids like hoists when necessary
  • Follow federal workplace safety guidelines
  • Adequately warn employees regarding known hazards

Third-party contractors who cause injuries may also be sued for negligence. Overall, any employer negligence involving spinal injury hazards could establish substantial liability if an accident occurs.

To build a liability claim, a personal injury attorney will gather evidence like police reports, surveillance footage, photographs of hazards or defects, medical records, and witness statements. Establishing clear liability is key to getting the full compensation amount you deserve.

Calculating Damages

In addition to proving liability, your lawyer must also calculate and prove all economic and non-economic damages you suffered in order to demand the proper settlement. Damages typically include:

Economic Losses

  • Medical bills – Both current and future treatment costs
  • Lost income and benefits – Both from missing work already and reduced earning capacity going forward
  • Cost of at-home care, rehabilitation services, mobility equipment, home accessibility modifications

Non-economic Losses

  • Pain and suffering
  • Loss of enjoyment of life – Inability to participate in activities you once enjoyed
  • Emotional distress

To calculate losses precisely, your lawyer will work with doctors, vocational experts, and financial analysts. The goal is determining losses across your whole lifetime, not just the initial aftermath.  The longer you live with disability and lost quality of life, the higher the damages.

Maximizing Compensation

There are two ways your attorney can get you compensation for your spinal injury in Maryland – an insurance settlement or personal injury lawsuit. Here’s how those work:

Insurance Settlements

The fastest way to get compensation is negotiating a settlement with insurance companies. This avoids a lengthy trial, but insurance adjusters tend to undervalue injuries to minimize payouts. An aggressive negotiator is key to fighting for your worth. With a spinal injury, a lifetime care plan valuation from a specialist can counter unfairly low initial offers.

Personal Injury Lawsuits

If settlement talks fail, a lawsuit may follow. This involves more time (12-24 months on average) but allows your story to be heard in court. Your lawyer will aggressively pursue full documented damages. There’s also motivation for the defense to settle before trial to avoid risking even higher jury awards plus their own mounting legal fees. Over 90% of cases settle beforehand.

Getting experienced legal help is critical to recovering losses after a spinal cord injury. An attorney from Monge & Associates intimately knows Maryland injury law and legal avenues for maximum compensation. We have the resources to thoroughly prove liability and calculate lifetime damages. With a fierce negotiator on your side fighting for fairness, you can get back to focusing your energy on healing and moving forward.

Call us now for a free consultation on (888) 477-0597 if you have suffered a spinal injury in Maryland. You can also visit us – we have offices in 32 locations across 19 states including Phoenix, Alabama and Georgia.