As an attorney for spinal injuries in Wisconsin, I’ve seen it time and again: early diagnosis is crucial in cases where there is a spinal cord injury. A spinal cord injury drastically changes your path in life, and getting in medically early can make a big difference on your road to recovery and also on your claim itself. If you or a loved one has suffered a spinal cord injury in Kenosha or anywhere else in Wisconsin, it is useful to learn how delays in diagnosis and treatment can affect your health as well as your rights under Wisconsin law.
When one experiences a spinal cord injury, every minute counts. It is important that, when such an injury is sustained, the medical professional is in a better position to determine its extent as soon as possible and begin treatment, which might prevent further injury and optimize recovery. Delays in diagnosis may lead to complications like nerve damage, increased paralysis, and deterioration in general medical outcomes.
Wisconsin Statutes on personal injury provide different time limits in which an injury claim is to be filed. The Statute of Limitations states that a personal injury lawsuit from the time the injury occurred must be filed within three years. Nevertheless, when the injury could not have been immediately uncovered, “the clock does not stop”. That means that the longer it takes to get medical attention for your spinal cord injury, and the longer it takes doctors to diagnose your spinal cord injury, the worse your medical prognosis is likely to be, along with your ability to file a claim or even develop evidence that you have suffered an injury.
Medical diagnosis delays can greatly detract from the value of your spinal injury claim. To recover damages for a spinal injury under Wisconsin law, you must prove that a party’s negligence caused your injury and, in turn, that the injury caused quantifiable damages like medical bills and lost wages from pain and suffering. If there is a delay in diagnosis, then the defense will argue that, through your own inaction, your injury worsened, and you are therefore entitled only to reduced compensation.
Further, the insurance carrier will point to any delay in diagnosis or treatment as a reason to demean your claim. They argue such a delay is indicative of either an injury not being serious enough or your contributing to the extent of injury by failing to seek immediate care. Working with an experienced attorney means your legal claim is based on timely medical evidence, and these tactics are appropriately addressed.
After sustaining a spinal cord injury, prompt action is not only crucial for your health but also in building up a strong legal case. Medical records, witness statements, and expert opinions collected promptly will help in establishing the true extent of the injury. Wisconsin law allows for the recovery of a number of damages, such as future medical expenses and loss of earning capacity. It is very important to establish the full value of an injury and how it has continued and will continue to affect your life.
At the Law Offices of John V. O’Connor, we understand the complexity of spine injury cases and the way any delay in diagnosis can result in complications, enhancing the complexity of the legal process. We work with medical professionals to ensure that the full extent of your injury is documented, that you receive proper medical attention, and that you receive compensation for immediate and long-term damages.
The first thing is to seek immediate hospitalization, even if one may feel the injury is not serious. A full medical checkup is necessary to prevent further damage and to determine the extent of the injury for health and possible claim purposes.
Yes, you can still file a claim, but delays in seeking treatment can complicate your case. Insurance companies may claim that your injury was not so serious or that you, yourself, made the injury worse. However, an experienced lawyer can attempt to prove that the delay had no real effect on the outcome of your case.
Under Wisconsin law, you have three years from the date of your injury to file an action for personal injury. For spinal cord injuries, you may be entitled to compensation for medical expenses, rehabilitation, loss of wages, loss of future earning capability, and pain and suffering. The amount of compensation you receive depends on the severity of your injury and how it has impacted your life.
You would require extensive medical records regarding the extent of the injury, expert medical testimony, and documentation of your expenses and losses. You would also need witness statements at the time of the accident showing the negligence of the other party involved.
It is not unusual for an insurance company to make an offer of settlement that is substantially less than what you might be entitled to early in the case. You should never accept any settlement until you’ve had a chance to talk to an attorney who can help you determine if the offer will be sufficient to cover medical bills, future care, lost wages, and pain and suffering.
If you or a loved one has suffered a spinal cord injury in Kenosha or anywhere in Wisconsin, it’s critical you act promptly to protect your rights and your future. Contact our Kenosha spinal injury attorney at the Law Offices of John V. O’Connor by calling (262) 605-8400 to receive your free consultation. Our seasoned team will guide you through the process of securing your rightful compensation while ensuring that a delay in diagnosis will not impact the care and support to which you are entitled. We will energetically work on behalf of spinal cord injury victims throughout Wisconsin to negotiate through the legal process and hold the negligent party responsible for their actions. Call today to schedule a consultation and take the first step towards making your recovery from a spinal injury possible.