What are the legal options available to spinal injury victims?
When a person is injured as a result of another person’s negligence and the injury is to the spine, they may have a legal option available to them in New York. Spinal injury victims, or their guardians if they have an injury that impacts their ability to act on their own behalf, can seek compensation for damages resulting from the injury. A legal option for spinal injury victims is to bring a civil lawsuit against the negligent party or parties responsible for the injury. This is done by filing a claim of negligence in a New York court. In such a case, a plaintiff must demonstrate that the other party was negligent, meaning that they failed to take reasonable care to avoid causing the injury. Evidence such as medical costs, lost wages, emotional distress, and pain and suffering may be included in the suit. The legal option of an out-of-court settlement may also be an option for spinal injury victims. This involves settling a case without going to trial or filing a formal lawsuit. Settlements of this type are often offered by insurance companies in order to avoid large legal costs, and victims should always consult with an experienced attorney before agreeing to any settlement. In some cases, spinal injury victims may also be entitled to seek compensation through a personal injury protection (PIP) insurance policy. PIP insurance is required by most states, and it covers medical and other expenses related to the injury. In New York, the policy must cover a minimum of $50,000 in medical expenses and lost wages. No matter the facts of the case, spinal injury victims should always consult with a qualified attorney before pursuing any legal option. An experienced attorney will assess the case and advise the victim on the steps to take to ensure that they receive the best recovery possible.
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