Don’t Suffer Through Back Injuries Alone! Get Legal Help!

A sudden accident or trauma can dramatically alter the course of one’s life, leaving behind a trail of physical, emotional, and financial challenges. When it comes to spinal injuries, the consequences can be particularly devastating. A spinal injury can occur in the blink of an eye, whether it’s due to a car crash, a workplace accident, or a slip-and-fall incident. These injuries often lead to profound life changes, affecting mobility and independence. Being in this situation requires the help of an Elkhart spine injury lawyer. 

Quick Summary:

  • Back injuries after an accident may not be immediately apparent due to post-accident endorphins masking pain, emphasizing the importance of seeking immediate medical attention.
  • Back injuries resulting from motorcycle crashes can include whiplash, spinal stenosis, spinal fractures, herniated discs, spinal cord injuries, and spondylolisthesis, each causing various symptoms and complications.
  • These injuries can disrupt daily activities, lead to debilitating pain, and require costly medical care, impacting both finances and quality of life.
  • Injured motorcyclists may have the opportunity to seek compensation through insurance claims or personal injury lawsuits.
  • Spinal cord injuries, in particular, can result in full or partial loss of motor control and sensation, potentially leading to paraplegia or quadriplegia, with wide-ranging and long-lasting health issues due to the spinal cord’s role in vital bodily functions.

If you’ve suffered a back injury in a motorcycle accident, don’t navigate this challenging journey alone. Reach out to an Elkhart spine injury lawyer at Wilson and Kinsman, LLC. Our legal team is dedicated to maximizing your compensation and safeguarding your rights. Contact us today to ensure you receive the support you deserve. Your recovery and financial well-being are our top priorities.

What is a Spine Injury?

A spine injury refers to damage or harm that occurs to the spinal column, which is composed of vertebrae and the spinal cord. Such injuries can result from accidents, falls, or other traumatic events, and they often lead to a range of physical and neurological complications. These injuries can have a profound impact on an individual’s mobility, sensation, and overall well-being.

Spine injuries often have grave consequences on one’s quality of living. If you or a loved one is suffering from spine injuries, don’t hesitate to reach out to Wilson & Kinsman, LLC’s Elkhart spine injury lawyer who can guide you in this trying time.

What are the Causes of Spine Injuries?

The spine, a vital component of our body’s structural framework, plays a crucial role in supporting our mobility and protecting the delicate spinal cord. While it may seem resilient, spine injuries can occur due to various factors, ranging from sudden accidents to gradual wear and tear. 

  • Motor Vehicle Accidents: Car, motorcycle, and truck accidents are major contributors to spine injuries, often due to the force of impact or whiplash.
  • Slip and Fall Accidents: Trips and falls, particularly in hazardous environments or on slippery surfaces, can lead to spine injuries.
  • Workplace Accidents: Injuries may occur in hazardous work environments, such as construction sites, where falls, heavy lifting, or accidents with machinery can harm the spine.
  • Medical Malpractice: Surgical errors or mishandling of patients can lead to spinal cord injuries or nerve damage.
  • Assaults and Violence: Physical altercations or violent acts can cause severe spine injuries.
  • Defective Products: Faulty equipment, such as car seats or safety gear, can fail to protect the spine during accidents.

Understanding the common causes of spine injuries in personal injury cases is essential when seeking compensation or legal recourse after an accident. If you or a loved one has suffered such an injury, it’s crucial to consult with an Elkhart spine injury lawyer to protect your rights and pursue just compensation.

What is the Legal Basis of Spinal Cord Injuries?

Spinal cord injuries, often life-altering and demanding significant medical care, can result from a range of accidents and incidents. When these injuries occur due to the negligence, recklessness, or faulty products of others, pursuing a legal course of action becomes essential for the victims. 

  • Negligence: Many spinal cord injury cases are rooted in the concept of negligence. This occurs when one party fails to exercise reasonable care, resulting in harm to another person. For example, in car accidents, if a driver’s negligence leads to a spinal cord injury, the injured party may file a lawsuit seeking compensation.
  • Product Liability: When a defective product, such as a faulty safety device or medical equipment, contributes to a spinal cord injury, product liability claims can be pursued against the manufacturer or distributor.
  • Medical Malpractice: Spinal cord injuries can occur due to surgical errors, misdiagnosis, or other forms of medical negligence. Victims may file medical malpractice lawsuits against healthcare providers or institutions responsible for their injuries.
  • Premises Liability: Property owners have a duty to maintain safe premises. In cases of slip and fall accidents or other incidents on someone else’s property, premises liability claims may be initiated if negligence can be proven.
  • Assault or Intentional Torts: Spinal cord injuries resulting from acts of violence, assault, or intentional harm can lead to personal injury lawsuits against the responsible party.
  • Workers’ Compensation: Spinal cord injuries sustained in workplace accidents may be eligible for workers’ compensation benefits, providing compensation for medical expenses and lost wages.

Understanding these legal bases is paramount for those seeking justice and compensation after a spinal cord injury, making it vital to consult with an Elkhart spine injury attorney to guide you through the complex legal process.

What are the Common Defenses in Spine Injury Lawsuits?

In the realm of spinal injury cases, defendants often employ a range of legal defenses to protect themselves from full liability and mitigate potential financial responsibility. Understanding these common defenses is essential for plaintiffs seeking justice and compensation for their spinal injuries.

Comparative or Contributory Negligence

Comparative or contributory negligence is a legal defense often raised in spinal injury cases. This defense argues that the injured party shares some degree of responsibility for their own injury, thereby reducing the defendant’s liability.

Assumed Risk

The “assumed risk” defense is a legal argument used in spinal injury cases to contend that the injured party willingly and knowingly accepted the risks associated with a certain activity, and therefore, they should bear some responsibility for their injury. In essence, it implies that the injured person voluntarily participated in an activity or situation that they were fully aware could lead to harm, including spinal injury. 

What Damages Can I Collect in a Spine Injury?

In a spinal injury case, the damages that you may be eligible to collect can encompass various categories, including:

  • Medical Expenses: You can seek compensation for past and future medical costs related to your spinal injury. This includes hospitalization, surgery, rehabilitation, medication, assistive devices, and ongoing medical care.
  • Lost Wages: If your spinal injury prevents you from working, you can pursue damages for lost income. This covers both the income you have already lost and any future earnings that you are unable to earn due to your injury.
  • Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of quality of life, can be awarded to compensate you for the intangible effects of your injury.
  • Disability and Impairment: Damages can be sought for the permanent disability or impairment resulting from the spinal injury. These include loss of mobility, paralysis, or other long-term physical limitations.
  • Property Damage: If your personal property was damaged in the accident that caused the spinal injury, you can seek compensation for the repair or replacement of those items.
  • Loss of Consortium: Spinal injury cases often involve claims for loss of consortium, which compensates a spouse or family member for the loss of companionship and support due to the injury.
  • Rehabilitation and Assistive Devices: Costs associated with rehabilitation services, physical therapy, and necessary assistive devices, such as wheelchairs or home modifications, can be included in your damages.
  • Home Health Care: If your injury necessitates ongoing assistance with daily activities, you may be entitled to compensation for home health care services.
  • Legal Fees and Costs: In many personal injury cases, your attorney’s fees and litigation costs are recoverable as part of the damages.

The specific damages you can collect will depend on the circumstances of your case, the extent of your injury, and the applicable laws in your jurisdiction. Working with an Elkhart spine injury lawyer is crucial to ensure you receive the full compensation to which you are entitled for your spinal injury.

What is the Personal Injury Statute of Limitations in Indiana?

The statute of limitations for personal injury cases in Indiana is generally two years. This means that you typically have two years from the date of the injury or the date when you discovered the injury to file a personal injury lawsuit. 

In Indiana, the statutes of limitations are governed by the discovery rule. This means that in situations where a victim couldn’t immediately discern an injury, the countdown on the statute of limitations commences when they discover, or reasonably should have discovered, the injury in question. 

Moreover, the statute of limitations can also be paused or “tolled” for individuals who are minors or deemed mentally incompetent, ensuring that they have the opportunity to pursue legal action when it is fair and just. These legal provisions serve to protect the rights of those who may not immediately recognize the harm they have suffered.

Why Do I Need an Elkhart Spine Injury Lawyer?

Suffering a spinal injury is a life-altering experience that can have far-reaching consequences for your health, finances, and overall well-being. If you’ve found yourself in this challenging situation, you don’t have to face it alone. The lawyers from Wilson and Kinsman, LLC can offer you unwavering legal support, along with the following:

  • Legal Knowledge: Spine injury cases are complex and require an in-depth understanding of personal injury law, medical aspects, and insurance matters. Our attorney has the knowledge to navigate these complexities effectively.
  • Maximizing Compensation: An Elkhart spine injury lawyer can help you determine the full extent of your damages, ensuring you seek maximum compensation for medical expenses, lost wages, pain and suffering, and more.
  • Legal Process Guidance: Our attorney can guide you through the legal process, helping you meet deadlines, gather evidence, and build a strong case.
  • Negotiation Skills: Our lawyers are experienced negotiators. We can represent your interests when dealing with insurance companies to secure a fair settlement.
  • Trial Representation: If your case goes to trial, our attorneys can provide strong courtroom representation, presenting your case effectively and advocating for your rights.

Overall, having an Elkhart spine injury lawyer on your side can significantly improve your chances of a successful outcome, ensuring you receive the compensation and justice you deserve while allowing you to focus on your recovery. Get in touch with Wilson & Kinsman, LLC right now. 

Call our Elkhart Spine Injury Lawyers Now!

Spine injuries can result in devastating consequences that can lead to an altered state of living for those who have endured them. This would require compensation for medical bills and lost wages in order to help get back on track. Trudging through this ordeal alone would be a huge feat, which is why it is essential to get in touch with an Elkhart spine injury attorney. 

At Wilson & Kinsman, LLC, we are committed to helping you obtain maximum compensation for your injuries. Our Elkhart spine injury lawyers are dedicated to protecting your rights to make sure that you can stand back up on your feet again. Apart from spine injuries, an attorney can help with other personal injury areas such as:

Don’t wait out too long. Get in touch with Wilson & Kinsman, LLC right now to get compensated for your damages.

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Read what our former clients have to say:

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.