Suffering a spinal cord injury (SCI) in a motor vehicle accident can be a life-altering and devastating experience. The physical, emotional and financial toll can be overwhelming, leaving you searching for any possible avenue to regain your quality of life.
For many, experimental treatments offer hope and promising breakthroughs where traditional therapies may fall short. If you’ve hurt your spine in a car crash, you might wonder if you can get compensation for these new, untested treatments. While possible, the process can be complicated and requires careful consideration of several factors.
Understanding personal injury compensation
In New York, personal injury compensation can cover many costs, such as medical bills, lost wages, and pain and suffering. However, new, untested treatments require more hurdles to jump.
Key considerations for experimental treatments
Before pursuing compensation for experimental treatments, it’s essential to understand the following key considerations:
- Medical necessity: You must demonstrate that the new treatment contributes to your recovery. This often needs strong support from your doctors, including complete medical records and expert testimony.
- Standard treatments: If regular therapies work well, asking for a new treatment can be challenging. You need to show that usual therapies don’t work for your case.
- Insurance coverage: Insurance firms often don’t want to pay for new treatments. You may need to prove that the therapy could help and is necessary for your recovery.
- Legal support: A competent personal injury lawyer can help get medical proof, talk to insurance firms, and, if needed, make a strong case in court.
Understanding these considerations can help you better manage seeking compensation for experimental treatments.
New York’s legal framework
New York uses a “pure comparative negligence” rule, which means your compensation depends on your level of fault in the crash. New York’s insurance laws also allow insurers to deny paying coverage for experimental treatments. However, you have the right to appeal such decisions.
Consider legal advice
Dealing with the complex parts of personal injury claims for experimental treatments in New York needs care and experienced help. Consider talking to a personal injury lawyer who is well-versed in such cases. They can guide you and help you build a strong case.