Once you file your case, you will become a Plaintiff and the at fault party becomes a Defendant. At this point, we will start to gather facts through exchange of documents, written questions or depositions. This is called the discovery phase and can include:
Medical examinations: An initial medical examination is usually performed by the injured person’s chosen doctor. The defendant or insurance company may request a second opinion.
Gathering documentation: Documentation can significantly help with your case, allowing us to prove to the court and/or insurance company that you within your legal rights to file a claim. Documentation and physical proof may include medical records, photos and video of your spinal injury, limitations and impairment, bills, copies of your insurance policy, plus any other appropriate papers and proof.
Depositions: This is witness testimony given outside of court but under oath, and can be an important aspect of the discovery process.
Interrogatories: Interrogatories are written questions that we will issue. These questions are to be answered in writing and under oath by the party receiving them.
Expert witnesses: Sometimes, we may need to use an expert witness or witnesses. An expert witness is a highly trained and credible professional who will provide a testimony based on their expertise. Expert witnesses are used to explain complex topics to judges and juries, and to establish that the Defendant violated a standard of practice or care. To prove fault for your injury, the type of expert needed will depend on the nature of the case and what happened. The same is true for the injury and damages experts. Usually, the types of expert witnesses that may be involved in a spinal injury case are those who work in the appropriates fields regarding the legal responsibility issues, as well as the appropriate doctors like orthopedic surgeons, neurosurgeons, neuroradiologists and neurologists, just to name a few.
After the discovery phase
By the time the discovery phase is concluded, both parties should have a full view of the case, along with knowledge of what evidence is to be presented at trial. Both parties will re-evaluate their positions and often cases can settle before they go to trial. However, if the parties are unable to agree, the case will go to trial.
The types of damages and compensation awarded in a spinal cord injury suit:
- Medical bill payments
- Pain and suffering
- Physical impairment and disfigurement damages
- Loss of wages
- Any other costs that occurred due to the injury
The attorneys at Clore Law Group, LLC have successfully handled cases resulting in spinal injuries, resulting in settlement or significant jury verdicts.
If you’ve been a victim of serious injury as a result of someone else’s negligence, please get in touch with us at Clore Law Group, LLC. You can contact us at 1-800-610-2546 or 1-843-722-8070, or you can email us at Team@clorelaw.com.
Since initial consultations are always free, there’s no cost in learning your legal options.