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Spinal cord injuries are severe and require extensive medical treatment. If you have suffered a spinal cord injury, you might be facing serious physical and emotional pain, along with new financial burdens. An Augusta spinal cord injury lawyer might be able to help you. A practiced injury attorney could help you develop your case and fight for your right to legal relief.

Establishing Negligence in Augusta

Some spinal cord injuries result from intentional conduct. If someone purposefully batters another person, causing a spinal cord injury, the wrongdoer could face both criminal and civil consequences. The injured person may pursue civil damages against the defendant for battery, while the state may prosecute them criminally for committing the battery for the same act.

However, the most common cause of spinal cord injuries is negligence. Negligence occurs when someone behaves in a thoughtless or reckless manner, causing injury to another. Negligence could cause spinal cord injuries in motor vehicle collisions, accidents on others’ property, slips and fall, and medical malpractice.

In order to bring a valid claim for negligence, a spinal cord injury attorney in Augusta would have to prove the following elements:

  • The defendant owed the plaintiff a duty of care
  • The defendant breached their duty by acting unreasonably or negligently
  • The defendant’s negligent conduct caused the plaintiff’s spinal cord injury
  • The plaintiff actually suffered a spinal cord injury and damages that could be compensated in court

Statute of Limitations for Spinal Cord Trauma

Before a person can begin building a case, their claim for personal injuries must be filed on time. Each cause of action has a specific time frame in which a plaintiff may file their case. This time frame is known as the statute of limitations. When the statute of limitations ends, the plaintiff can be precluded from filing their lawsuit.

The statute of limitations in Augusta for personal injury claims is codified under Georgia Code §9-3-33 and gives plaintiffs two years to file their case from the date of their injury. There are some exceptions that might apply. An example of an extension of the statute of limitations is when a plaintiff is a minor at the time of the accident that caused their injuries. In these cases, a plaintiff would have two years from the day of their 18th birthday to file an injury claim.

Contact an Augusta Spinal Cord Injury Attorney for Help

The litigation process for an injury claim could be challenging and confusing. There are several different steps that must be taken, paperwork filed, and evidence proven before you could receive any compensation. Additionally, you may not know the specific laws and procedures needed to make the best decision for your case.

A seasoned attorney has the expertise to help you be successful in an injury claim. An Augusta spinal cord injury attorney could handle the paperwork, arguments, and negotiating on your behalf while you focus on your health. Call today to schedule a consultation and begin fighting for the compensation you deserve.

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