If you have been injured in a car accident and suffer from a spine injury, you may be entitled to compensation. Boise Idaho auto accident lawyer can tell you the contents of a successful claim for a spine injury after a car accident. The answer also sometimes depends on many factors, including the severity of your injuries, whether there was any negligence on the other party’s part, and how much time has passed since your injury.
To recover compensation for a spine injury from a car accident, you will have to show that the negligence of another party causes your injuries. This means that it is essential to prove the other party’s negligence. For instance:
- Proving that the other party failed to yield when there was an opening in traffic and then followed you into your home driveway, causing your injuries (the following someone into their property is considered careless driving in some jurisdictions.);
- Proving that the other party’s vehicle was in poor condition, meaning that the other driver should have realized something wrong with their car before driving it out into traffic.
- Proving that the other party was drunk, high, falling asleep at the wheel, talking on a phone call, or texting when they caused your injury.
- Proving that you were injured when you were hit by another vehicle while crossing a street because there was no crosswalk or marked crossing. If an accident happens within one year of its occurrence, your claim will be based on the tort statute of limitations determined by the jurisdiction in which your accident occurred.
- If there was no accident, but you suffered a spine injury due to an assault (such as the other driver intentionally running you off the road), your claim can be brought within one year of the assault.
- If you were injured in a car accident and suffered a spine injury which is over one year ago, but the medical treatment you received has not been successful, your claim will be based on actual damages
- If your spine injury was caused by careless driving and your doctor certified you as having a permanent disability (such as paraplegia), your claim will be based on the presumption of permanent disability. You must supply evidence to show that you are permanently disabled.
These were ways to have a successful claim for compensation for a spine injury after a car accident.