Spinal cord injuries can be devastating to victims, causing a wide range of medical issues and problems ranging from temporary impairments to permanent disability and even death. Survivors may be left facing mounting medical and rehabilitation costs at a time they cannot work, and life may never be the same.
When these injuries are due to another party’s negligence or fault, you may be entitled to compensation for your losses through insurance or a personal injury lawsuit. While no amount of money can make up for the suffering you and your family may be going through, a settlement can ease your financial burdens and pay for the care and treatment you need to rebuild your life.
South Carolina personal injury laws are complicated, making mistakes are costly, and insurance companies will try to get you to accept the lowest offer possible, but you do not have to deal with this on your own. The Greenville spinal injury lawyers at Whalen Montalvo know how to deal with insurance companies and how to build your case and advocate for you in court. Let us handle all investigations, negotiations and legal hurdles needed to prove liability and recover the compensation you deserve.
We provide a free consultation to discuss your case and determine the best way to move forward. There are no costs to you unless and until we win a settlement, so you have nothing to lose and everything to gain. Give us a call today.
Consultations are free and cases are typically taken on a contingency fee basis, which means no money out of pocket to you. Give us a call: We’ll be happy to chat about the merits of your case and the best step moving forward.
Spinal injury cases are complicated, so you should seek an attorney you not only trust and feel comfortable with but who has the experience and resources needed to handle your case. Here are some reasons why we believe that Whalen Montalvo is your best choice:
We Offer: Advocacy. Service. Results.
When the spinal cord is injured, the result is usually total or partial paralysis below the point of injury, which can be life-changing and overwhelming to both victim and family members. When you have our legal team on your side, we will start working on your case immediately. We will:
At Whalen Montalvo, we know the importance of collecting evidence quickly, before it can be destroyed or tampered with. Our clients are important to us, and we fight aggressively for the compensation they deserve.
Our Greenville spinal cord injury lawyers will fight for an award called damages that covers the costs, losses and pain and suffering from your injuries. In South Carolina, you may receive compensatory damages that consist of both economic damages to cover your monetary costs, and non-economic damages, for effects from the accident that don’t have a specific dollar value but negatively impact your life. In some rare cases, when it can be proven that the defendant’s actions were “willful, wanton, or reckless,” you may also be awarded punitive damages. These are intended to punish a defendant and to deter such behaviors in the future.
Examples of economic damages are:
Noneconomic damages examples include:
South Carolina does not limit the amount of economic or non-economic damages that you can recover in spinal injury cases, except for cases naming government defendants.
Spinal Cord Injury Lawyer in Greenville Must Prove Negligence
Proving negligence is an essential part of every personal injury case. Our spinal cord injury lawyers in Greenville must show by the evidence that another party or parties, (the defendants in the case) were negligent and at fault for causing the accident that caused your injuries. This means establishing the existence of the following elements:
In some cases, there are multiple parties who may have done something to contribute to the accident. For example, if the accident was with a truck, in addition to the driver, other negligent parties may be:
Our attorneys would look to name all potentially liable parties as defendants in the lawsuit, as they all may have insurance and assets that can go toward a settlement.
After a serious spinal injury, you are dealing with a lot. and it is common to be confused and have questions and concerns. We can handle your individual concerns at your free initial consultation, but you may be interested in answers to questions our attorneys are often asked:
There are a wide range of settlement amounts possible, from the thousands to millions of dollars that may be awarded in a successful spinal injury lawsuit. The amount you receive depends on the circumstances of the case and factors such as the severity and permanence of your injuries, amount of lost earnings and whether you will be able to work in the future, the availability of insurance coverage and assets, and the skill and negotiating power of your attorney to handle your case.
The less you say to insurance companies the better. Insurance companies want to pay out as little as possible and often use tactics such as getting you to accept a lowball offer for less than your case is worth, or tricking you into admitting you were at fault for your injuries. Let Whalen Montalvo handle all dealings and negotiations with insurance companies to prevent costly mistakes.
In the terrible event that your family member dies after suffering a spinal cord injury, our attorneys can file a wrongful death claim to receive compensation. According to South Carolina law (Section 15-51-10 and 20), when a death is caused by the wrongful act, neglect or default of another, a wrongful death claim may be brought for the benefit of the deceased’s spouse and children, and if there are none, for the deceased’s parents or heirs.
Yes, South Carolina has a statute of limitations for filing personal injury and wrongful death cases, including for spinal injuries. There are some exceptions, but in general you have three years from the date of the accident to file, and if you fail to do so on time, the courts will most likely dismiss your case.
Even if you contributed to the accident, you may still be able to get a settlement, due to South Carolina’s modified comparative fault rule. As long as you are not more than 50% at fault, you can recover damages, but damages are reduced by the percentage you are found to be at fault.
Our Whalen Montalvo attorneys understand how much you have to deal with after a serious spinal cord injury, and we will be there to support you, answer all your questions, and keep you informed throughout the entire legal process.
If you or a loved one has suffered a spinal cord injury caused by someone else’s negligence, the legal team at Whalen Montalvo is ready to help take the burden off you and fight for the maximum settlement you deserve.
We will handle all legal hurdles and requirements so you can concentrate on your recovery. Call us today for your free, no-obligation consultation.
Get Help Now (864) 770-7710
Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.