A Product of Cole Law Firm & The Spinal Cord Injury Law Firm

A Spinal Cord Injury Team Who Will Fight For You

Supporting spinal cord injury families nationwide.

Partner Attorneys Out To Make A Difference

Attorneys, Toby Cole (C5 Quadriplegic) and Kelley Simoneaux (T12 Paraplegic) know the firsthand challenges of living with spinal cord injuries. After witnessing the devastating—and often preventable—impact of pressure sores within their community, they turned their personal experiences into a powerful mission. Now, they are fighting for justice and systemic change within hospital walls. Discover their story and their unwavering commitment to patient advocacy.

“We have to change the culture; we have to make hospitals hate pressure injuries as much as we hate pressure injuries.”

— Toby Cole, Founder SCI Pressure Sores

“Pressure sores are absolutely avoidable when the right care is in place. There needs to be accountability. I am part of the spinal cord injury community and I am here to fight for you.”

— Kelley Simoneaux, Founder SCI Pressure Sores

Our 8-Step Process for Justice: Navigating Medical Malpractice in Pressure Injury Cases

Step 1: Initial Consultation

• Meet with a medical malpractice attorney to evaluate your case.
• The attorney will ask for details about your injury, treatment, and damages.
• They'll assess whether the hospital or staff failed to meet the standard of care, leading to your injury.
Step 2: Pre-Suit Investigation

• Your attorney will gather your medical records and other evidence.
• A medical expert will review the records to determine whether the standard of care was breached and if that breach caused your injury.
• Some state laws require an expert report to be filed early in the process, so finding a qualified expert is critical.
Step 3: Filing The Lawsuit

• Your attorney will file a petition in the appropriate court, formally alleging medical malpractice.
• The defendants (e.g., the hospital and possibly specific staff) will be served with the lawsuit.
Step 4: Discovery Phase

• Both sides exchange information through documents, depositions, and written questions.
• This phase allows your attorney to obtain evidence, such as nursing logs and policies, to prove your claim.
Step 5: Pre-Trial Motions

• Defendants may file motions to dismiss your case, especially if they believe the expert report is insufficient.
• Your attorney will respond to these motions and argue why your case should proceed.
Step 6: Settlement Negotiations

• Many cases settle before trial. Your attorney may negotiate with the defendants to reach a fair resolution.
• If no settlement is reached, the case proceeds to trial.
Step 7: Trial

• Your attorney will present evidence and expert testimony to prove negligence and damages.
• A jury or judge will determine whether the defendants were negligent and, if so, how much compensation you should receive.
Step 8: Post-Trial and Appeal

• If the case is resolved in your favor, you may receive a monetary award.
• Defendants may appeal the decision, delaying final resolution.

Key Legal Considerations for Pressure Injury Cases

You generally have two years from the date of the injury (or discovery of the injury) to file a claim.
There are exceptions for certain circumstances.
Some states have limits of $250,000 on non-economic damages (e.g., pain and suffering) in medical malpractice cases.
It’s crucial to contact an experienced medical malpractice attorney as soon as possible to protect your rights and comply with legal deadlines.

Speak With An SCI Attorney

“My experience with the SCI Pressure Sores team has been more like family than a client.

I have been in great need of help to live independently when it comes to obtaining formula for my feeding tube, medical supplies, maintaining urgent doctors’ appointments, and much more. I truly feel like I have the ability to advocate for myself better with the support of this team. I am proud to know Toby Cole and Mary Allen, and I am grateful to know I am able to pass along the types of services they provide to help empower others like myself. Since working alongside the Cole Law Firm and SCI Pressure Sores, I have gained self-confidence in areas of my life that I didn’t think were possible. I have become inspired to advocate for others because of the possibilities I’ve witnessed.

Mallory Gardiner, Cole Law Firm Client

“My first time meeting Toby wasn’t business at all – he was just a guy who genuinely cared and showed up for me.

He was a wealth of knowledge, and being new to this spinal cord injury I took it all in. Toby has lived it, he’s been in my shoes – there was never doubt that he understood what I was going through. He gave me comfort when I needed it the most.”

Tyson Dever, Cole Law Frim Client