Spinal Cord Injury Lawyer in San Jose, CA
Injuries to the spinal cord can result in devastating lifelong consequences, and they can happen to anyone at any time. Your spinal cord consists of a bundle of nerves that carry signals back and forth between your brain and your body. A spinal cord injury (SCI) involves damage or disruption to these nerves.
If you have been in an accident caused by someone else’s negligence, call the San Jose, CA spinal cord injury lawyers at Dash Injury Law Firm for a free case evaluation. You should not have to suffer physical, emotional, and financial damages without receiving the compensation you deserve. Our legal team will stand by you every step of the way and help you hold the negligent parties accountable for your injuries. We provide professional legal services to injured victims living in San Jose and the surrounding areas.
Types of Spinal Cord Injuries in San Jose, CA
Spinal cord injuries are classified as either complete or incomplete, and depending on the classification, the side effects can significantly vary.
- Complete - This classification is associated with total paraplegia, and the victim will lose complete motor and nerve function, as well as movement and sensation.
- Incomplete - This classification is associated with varying degrees of side effects. Injured victims who suffer an incomplete injury may still have some movement, sensation, and function below the injury.
Some common types of injuries to the spinal cord include:
- Spinal cord cervical injuries which affect the head, neck, shoulders, and arms.
- Spinal cord lumbar injuries that impact the hips and legs.
- Spinal cord thoracic injuries that cause problems in the abdomen.
- Spinal cord sacral injuries that affect the thighs, pelvis, and buttock areas of the body.
Filing a Spinal Cord Injury Lawsuit in San Jose, CA
A civil lawsuit allows spine injury victims to seek financial compensation for the physical, emotional, and financial damages they have suffered. A spinal cord injury lawsuit in San Jose, CA must be filed within a time limit known as the statute of limitations. According to California law, a spine injury victim has two years from the injury date to file a lawsuit in court.
If you do not file your lawsuit before the deadline expires, you will lose your right to recover damages. If you are filing a lawsuit against a government entity, the claim must be filed within six months from the injury date. Once filed, government will have 45 days to respond to the claim. If the government entity rejects the claim, the victim has six month from the date rejection was mailed or personally delivered to him/her to file a lawsuit in civil court. If the victim receives no rejection letter then the victim has 2 years to file from the date of his/her injury. It is highly advisable to file the claim long before the designated deadlines.
Specific exceptions to California’s spinal cord injury statute of limitations exist:
- Minors have two years after their 18th birthday to file a lawsuit.
- In some cases, courts will allow a temporary hold (tolling) on the statute of limitations. A hold would be given in cases where the victim was physically or mentally incapacitated.
If you are looking to file a spinal cord injury lawsuit in California, you should speak with our San Jose, CA spinal cord injury lawyers. Our legal team is skilled in working with California laws that relate to personal injury accidents.
Get Help From a Spinal Cord Injury Lawyer in San Jose, CA
Pursuing a lawsuit on your own can prove to be quite difficult, especially when you are dealing with a severe injury to the spine and limited mobility. You will need to conduct a comprehensive investigation into the accident and the at-fault party to prove they are liable for your damages.
There are also aggressive insurance companies that will try to push you towards a low settlement agreement. If the at-fault party decides not to settle, you will have to take your case to trial, which prolongs and complicates the legal process even more.
If you do not have experience or knowledge of personal injury law, our San Jose, CA spinal cord injury lawyers can help. We will make sure you are given skilled legal representation while negotiating a settlement or in court. Our lawyers will fight to defend your legal rights and help you recover the maximum compensation you are entitled to.
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.