Spinal Cord Injury Attorney in South Dakota
A spinal cord injury (SCI) is a catastrophic event that can irrevocably alter the course of a person’s life. The repercussions extend far beyond physical limitations, impacting emotional well-being, financial stability, and the ability to engage in everyday activities. If you or a loved one has suffered a spinal cord injury due to the negligence or wrongful actions of another in Rapid City or anywhere in South Dakota, you need an experienced spinal cord injury trial attorney to advocate for your rights and secure the compensation you deserve. At Robert J. Rohl, Trial Lawyer, we understand the complexities of these cases and are committed to providing compassionate, aggressive legal representation.
Understanding the Profound Impact of a Spinal Cord Injury
The spinal cord serves as the vital communication pathway between the brain and the rest of the body. Damage to this intricate system can result in a range of debilitating consequences, including:
- Paralysis (Paraplegia or Quadriplegia): Loss of movement and sensation below the level of the injury.
- Loss of Bowel and Bladder Control: Requiring ongoing medical management and specialized care.
- Chronic Pain: Persistent and often severe pain that can significantly impact quality of life.
- Respiratory Issues: Difficulty breathing and increased susceptibility to respiratory infections.
- Neurological Complications: Including spasticity, autonomic dysreflexia, and other neurological dysfunctions.
- Emotional and Psychological Trauma: Depression, anxiety, and post-traumatic stress disorder.
- Permanent Impairment: Loss of range of motion, loss of the ability to live pain-free, and impact on all other activities of daily living
These injuries not only demand extensive medical treatment and rehabilitation but also necessitate significant lifestyle adjustments, including home modifications, assistive devices, and ongoing care.
Why Choose a Dedicated Spinal Cord Injury Lawyer in South Dakota?
Spinal cord injury cases are exceptionally complex and require a deep understanding of medical science, legal procedures, and the long-term implications of these injuries. It is imperative to retain trial counsel that knows how to prove and explain the lasting impacts of these injuries. Choosing the right expert witnesses, creating the right illustrations and demonstrative exhibits, etc., is crucial to holding the accountable party and their insurance company accountable. Choosing a dedicated spinal cord injury lawyer in Rapid City ensures that you have an advocate that contains the following traits:
- In-Depth Medical Knowledge: We work closely with medical experts, including neurologists, rehabilitation specialists, and life care planners, to accurately assess the extent of your injuries and the long-term care needs.
- Understands the Financial Burdens: We meticulously calculate the economic damages, including medical expenses, lost income, and the cost of future care, to ensure you receive full and fair compensation.
- Experience with Complex Legal Issues: We navigate the complexities of liability, insurance coverage, and legal precedents to build a strong case on your behalf.
- Provides Compassionate Support: We understand the emotional toll of a spinal cord injury and provide personalized support throughout the legal process.
The Legal Process of Navigating a Spinal Cord Injury Claim: What to Expect
If you have a potential spinal cord injury claim in South Dakota, our process typically involves:
- Initial Consultation: We will discuss the details of your accident, answer your questions, and explain your legal options.
- Thorough/Immediate Investigation: We will gather evidence, including accident reports, medical records, and witness statements, to determine liability.
- Medical Evaluation: We will work with medical experts to assess the extent of your injuries and develop a comprehensive care plan.
- Damage Assessment: We will calculate the full extent of your economic and non-economic damages.
- Negotiation and Settlement: We will negotiate with insurance companies to secure a fair settlement.
- Trial/Litigation (if necessary): If a fair settlement cannot be reached, we will aggressively represent you in court.
Serving Rapid City and All of South Dakota
We are committed to serving individuals and families throughout South Dakota who have been affected by spinal cord injuries. Whether you are in Rapid City, Sioux Falls, or any other part of the state, we are here to provide you with the legal support you need.
Take the First Step: Contact Our Spinal Cord Injury Lawyer in Rapid City Today
If you or a loved one has suffered a spinal cord injury in South Dakota due to negligence, do not hesitate to contact Robert J. Rohl, Trial Lawyer. We offer a free, no-obligation consultation to discuss your case and answer your questions. Let us help you navigate this challenging time and secure the compensation you need to rebuild your life.
Spinal Cord Injury Attorney Frequently Asked Questions:
1. What should I do immediately after a spinal cord injury accident?
Your priority is immediate medical attention. Call 911 or have someone take you to the nearest emergency room. Document everything you can, including photos of the scene and contact information of witnesses, if possible. Then, contact a spinal cord injury attorney as soon as you are able. Law enforcement also documents important aspects of the scene and usually 911 will arrange for immediate law enforcement attention.
2. How do I know if I have a valid spinal cord injury claim?
A valid claim requires proving that another party’s negligence directly caused your injury. If you believe someone else is at fault, consult with a spinal cord injury lawyer. We will investigate the circumstances and determine the strength of your case.
3. What types of compensation can I recover in a spinal cord injury lawsuit?
You may be entitled to compensation for medical expenses (past and future), lost wages, loss of earning capacity, rehabilitation costs, home modifications, assistive devices, pain and suffering, permanent impairment/disability, and loss of enjoyment of life.
- Lost income and benefits: Compensation for the income and economic gains the deceased would have earned but for the responsible party’s actions.
- Medical expenses: Costs incurred for the deceased person’s medical treatment prior to their death.
- Funeral expenses: Costs associated with the deceased person’s funeral and burial.
- Loss of companionship and support: Compensation for the emotional distress and loss of companionship suffered by the surviving family members.
- Emotional Pain
- Loss of Consortium
- Loss of Support and Guidance
- Pain and suffering: In some cases, compensation for the pain and suffering experienced by the deceased person before their death. This can also be referred to as a survival claim. In a survival action, compensation is sought for the for the losses the deceased incurred before their death. This can include medical expenses, lost income, and pain and suffering.
- Punitive damages: Depending on the circumstances leading to the wrongful death of your loved one, punitive damages may also be justified. In South Dakota, a punitive damages recovery turns on the conduct of the at-fault party. It requires more than simple negligence, i.e. a reckless disregard for the value of human life.
4. How long do I have to file a spinal cord injury lawsuit in South Dakota?
South Dakota has a statute of limitations for personal injury claims. Typically, you have three years from the date of the injury to file a lawsuit. However, it’s crucial to contact an attorney as soon as possible to preserve evidence and protect your rights.
5. How much does it cost to hire a spinal cord injury attorney?
Most spinal cord injury attorneys work on a contingency fee basis. This means you don’t pay any upfront fees. We only get paid if we recover compensation for you, and our fee is a percentage of the settlement or court award.
6. How long does a spinal cord injury case typically take to resolve?
The timeline varies depending on the complexity of the case. Some cases may settle within months, while others may take years, especially if they go to trial. We work diligently to resolve cases as efficiently as possible while ensuring you receive maximum compensation.
7. Can I still recover compensation if I was partially at fault for the accident?
South Dakota does not have a pure comparative fault system. If the defense is able to show the Plaintiff’s negligence is “more than slight”, recovery may be barred. These types of legal conclusions should only be determined by consultation with a trial lawyer. If you have been seriously injured through the fault of another, you should seek to consult with a trial lawyer immediately.
8. How do you determine the long-term costs associated with a spinal cord injury?
We work with medical experts, life care planners, and economists to assess your long-term needs. This includes projecting future medical expenses, rehabilitation costs, assistive technology, home modifications, and lost earning capacity.
9. What if the insurance company offers me a settlement? Should I accept it?
Do not accept any settlement offer without consulting with a spinal cord injury attorney. Insurance companies often offer low settlements that do not adequately cover your long-term needs. We will review any offer and ensure it reflects the true value of your claim. If Robert J. Rohl, Trial Lawyer, cannot add value to your claim – we will not take a fee.
10. What makes a spinal cord injury case different from other personal injury cases?
Spinal cord injury cases are exceptionally complex due to the severe, long-term nature of the injuries. They require specialized medical knowledge, extensive financial analysis, and a deep understanding of the emotional and physical challenges faced by victims and their families.