Spinal cord injuries can happen in motor vehicle crashes, slip-and-falls, and similar occurrences resulting from others’ negligence. If you or someone you love suffered a spinal cord injury due to another person’s careless or reckless behavior, the skilled team of West Virginia spinal cord injury lawyers at Robinette Legal Group, PLLC, can help. We will meet with you to discuss the circumstances of your accident, review the medical documentation in your case, and develop a plan of action for maximizing the compensation you ultimately recover.
For a free case evaluation and legal consultation with an experienced West Virginia spinal cord injury attorney, please call us at (304) 594-1800 or contact us online today.
Why Choose Us to Represent You?
After suffering a spinal cord injury due to someone else’s negligence, you want a skilled legal team on your side that will fight for your rights and advocate for your interests. In that regard, you should look no further than the experienced attorneys at Robinette Legal Group, PLLC. Our lawyers have a strong track record of success in favorably settling and litigating spinal cord injury cases in West Virginia. We also limit our annual caseloads, allowing us to give your case the full time and attention it deserves.
You can view our most recent client testimonials and case results at the following links.
Our office is conveniently located at 211 Everhart Drive, Suite 200, Morgantown, WV 26508.
How Much is My West Virginia Spinal Cord Injury Case Worth?
If you’ve suffered a spinal cord injury in West Virginia due to someone else’s negligence, you may be wondering how much compensation you are eligible to receive. The compensation you can get depends on various factors, such as the severity of your injury, the effects on your life, the circumstances surrounding your accident, and how the accident occurred.
Spinal cord injuries can be life-changing, often leading to paralysis, chronic pain, or other long-term health issues. Because these injuries are so severe, the compensation in these cases can be significant. First, you may be entitled to recover damages for medical expenses, including the cost of emergency care, surgeries, physical therapy, and any future medical needs. These costs can add up quickly, especially if you require ongoing care or special equipment like a wheelchair.
You can also seek compensation for lost earnings if your injury prevents you from working, either temporarily or permanently. If you cannot return to your job or must take a lower-paying position due to your injury, you may be entitled to recover the difference in your earning capacity. Additionally, the law allows for compensation for pain and suffering, which considers the physical pain and emotional distress resulting from your injury. The more severe and life-altering your injury, the higher this compensation may be.
In some cases, you may also be awarded punitive damages. These punish the person or entity responsible for your spinal cord injury – especially if their actions were particularly reckless or malicious.
It’s important to remember that every case is different, and the fair compensation you can receive will depend on the specific details of your situation.
Types of Accidents that Can Lead to Spinal Cord Injuries in West Virginia
Spinal cord injuries can be devastating, often leading to paralysis, chronic pain, and other life-altering conditions. In West Virginia, many types of accidents can result in these serious injuries, especially when they occur due to someone else’s negligence.
- One common cause of spinal cord injuries is car accidents. The mountainous terrain and winding roads in West Virginia can make driving especially dangerous. When drivers fail to follow traffic laws, drive recklessly, or engage in distracted driving, they increase the risk of accidents. A severe collision, especially at high speeds or involving large vehicles like trucks, can cause serious spinal cord injuries. The force of impact in a crash can crush vertebrae, leading to partial or complete paralysis.
- Another type of accident that can result in spinal cord injuries is a slip and fall. Property owners in West Virginia have a legal duty to keep their premises safe. This means fixing hazards like wet floors, broken stairs, or uneven sidewalks. When they fail to do so, people can slip, trip, and fall – sometimes with tragic consequences. If someone falls from a significant height or lands awkwardly, they can suffer a spinal cord injury. Even a seemingly minor fall may lead to serious damage if it affects the spine.
- Recreational accidents are also a concern in West Virginia, especially given the state’s outdoor activities like hiking, biking, and boating. Negligence during these activities – such as failing to maintain equipment or not providing proper safety instructions – can lead to accidents. For example, a fall from a faulty zip line or a collision while boating can result in a severe spinal cord injury.
- Finally, pedestrian accidents are another common cause of spinal cord injuries. When drivers fail to yield to pedestrians at crosswalks, speed through residential areas, or drive under the influence of alcohol or drugs, they put pedestrians at serious risk. When a vehicle strikes a pedestrian, the pedestrian can suffer catastrophic injuries – including spinal cord damage – due to the direct impact.
Car accidents, slip and falls, recreational mishaps, and pedestrian accidents are all types of incidents in West Virginia that can lead to spinal cord injuries when negligence is involved. These injuries can have a lasting effect on a victim’s life, making it essential to hold responsible parties accountable.
Successfully Proving a Spinal Cord Injury Case in West Virginia
To successfully prove a spinal cord injury case in West Virginia, you must establish four key legal elements: duty, breach of duty, causation, and damages. These elements must be proven with strong evidence to win your case and secure compensation.
- The first element is duty. You must show that the defendant (the person or entity you’re suing) owed you a duty of care. For example, drivers have a duty to drive safely and follow all traffic laws. Property owners have a duty to maintain their premises and ensure they are safe for visitors. Establishing this duty is the foundation of your case.
- The second element is a breach of duty. Here, you must demonstrate that the defendant failed to fulfill their duty of care. This may be through reckless driving, ignoring safety regulations, or failing to repair hazardous conditions on their property. Evidence may include eyewitness testimony, surveillance footage, or expert opinions that show how the defendant’s actions or inactions were careless or negligent.
- Next, you need to prove causation. This element requires you to connect the defendant’s breach of duty directly to your spinal cord injury. In other words, you must show that your injury would not have happened if the defendant had acted responsibly. Medical records, accident reports, and expert testimony are crucial in proving this connection. An expert witness, such as a medical professional, can explain how the injury occurred and how it relates to the defendant’s negligence.
- The final element is damages. You must prove that you suffered actual harm because of the defendant’s actions. This includes physical, emotional, and financial harm. Medical bills, records of lost income, and documentation of your pain and suffering are all important pieces of evidence to establish the extent of your damages.
Types of Spinal Cord Injuries in West Virginia
Spinal cord injuries are among the most severe and life-changing injuries that can happen in an accident. In West Virginia, these injuries may occur in various ways due to someone else’s negligence.
- One of the most common categories of spinal cord injuries is complete spinal cord injuries. In a complete injury, the spinal cord is fully severed or damaged, leading to a total loss of sensation and motor function below the injury site. This can result in paraplegia (paralysis of the lower body) or tetraplegia (paralysis of all four limbs). These injuries often result from severe car accidents, where the force of impact crushes or severs the spinal cord.
- Another category is incomplete spinal cord injuries. In this case, the spinal cord is partially damaged, meaning some sensation or movement remains below the injury site. The extent of this remaining function varies depending on the severity and location of the injury. Incomplete injuries can occur in slip and fall accidents, where a person falls from a height or lands awkwardly, damaging but not completely severing the spinal cord.
- Cervical spinal cord injuries are particularly serious because they occur in the neck area, affecting the highest portion of the spinal cord. These injuries can lead to full or partial paralysis of the arms and legs and can affect other vital functions, such as breathing. Neck injuries often happen in high-impact collisions, like those involving motorcycles or trucks.
- Thoracic and lumbar spinal cord injuries involve the middle and lower parts of the spine. While these injuries may not be as catastrophic as cervical injuries, they can still lead to significant disability, including paralysis of the lower body and loss of bowel or bladder control. These injuries often result from falls, sports-related accidents, or violent encounters.
Fighting the Insurance Company in a West Virginia Spinal Cord Injury Case
When you suffer a spinal cord injury in West Virginia due to someone else’s negligence, dealing with the insurance company can be overwhelming. Insurance companies are often focused on protecting their profits, which means they may try to minimize your claim or deny it altogether. However, at Robinette Legal Group, PLLC, we can fight the insurance company on your behalf to ensure you receive the compensation you deserve.
- First, we gather strong evidence to build your case. This includes collecting medical records, accident reports, and any other documentation proving the extent of your injury and its effect on your life. We may also work with expert witnesses, such as medical professionals, who can testify about the severity of your injury and how it occurred. This evidence shows the insurance company that your claim is valid and must be taken seriously.
- Next, we handle all communications with the insurance company for you. Insurance adjusters may try to get you to say something that hurts your case, or they may offer a low settlement, hoping that you’ll accept it quickly. We protect you from these tactics by negotiating on your behalf. Our experience in dealing with insurance companies allows us to push back against unfair settlement offers and demand a fair amount that reflects the true value of your claim.
- If the insurance company refuses to offer a reasonable settlement, we are prepared to take your case to court. We will present your case before a judge or jury, using the evidence we’ve gathered to argue for the maximum compensation you’re entitled to receive. Going to court can be intimidating, but with us by your side, you’ll have the support and legal experience necessary to fight for your rights.
Steps to Take after Suffering a Spinal Cord Injury in a West Virginia Accident
If you’ve suffered a spinal cord injury in an accident, taking the right steps afterward is crucial to protecting both your health and your legal rights. First, make sure you complete your medical treatment. Even if you start feeling better, following through with all recommended treatments and therapies is important. This not only ensures your best chance at recovery but also provides documented proof of the extent of your injuries.
Next, it’s essential to retain important documentation related to your case. Keep copies of all medical records, bills, and any correspondence with doctors or insurance companies. You should also document the accident itself, including photos of the scene, witness statements, and any police reports. This evidence will be critical when pursuing compensation for your injuries.
Finally, speak with a West Virginia spinal cord injury lawyer as soon as possible. At Robinette Legal Group, PLLC, we can ensure you understand your rights and pursue the full compensation you deserve. The sooner you involve us, the better we can build a strong case and protect you from any tactics the insurance company may use to minimize your claim.
Speak with an Experienced West Virginia Spinal Cord Injury Lawyer Today
The experienced legal team at Robinette Legal Group, PLLC, can handle every step of your spinal cord injury case so that you can focus on your medical care – and make a full recovery. We will aggressively fight for your interests during ongoing settlement negotiations – or in the courtroom – to seek the fair compensation you need.
For a free case evaluation and legal consultation with a knowledgeable West Virginia personal injury lawyer, please call us at (304) 594-1800 or contact us online today.
Robinette Legal Group, PLLC
211 Everhart Dr Ste 200,
Morgantown, WV 26508,
United States
Contact Number – (304) 403-7504
Call us today to find out how we can help you.
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