Proving Fault in A Spinal Cord Injury Case

Proving Fault in A Spinal Cord Injury Case

Spinal Cord Injury Wheelchair

If you have suffered a spinal cord injury, your life has been changed forever. Spinal cord injuries are devastating to the accident victims and their families. If you have suffered a spinal cord injury, you will be facing mounting medical expenses, lost wages, and other damages. You might be able to recoup compensation for your losses through a personal injury claim against the liable party with the help of a Los Angeles spinal cord injury lawyer. Your attorney will build a case showing that the other party is responsible for your damages.

What is the Spinal Cord?

The spinal cord is a bundle of nerves that is housed within the backbone and carries messages from the brain to the body. An injury to the spinal cord can result in the full loss or the partial loss of sensation and/or motor control. These injuries might result in quadriplegia, which is paralysis in all four limbs, or paraplegia, which is paralysis in the lower half of the body. A variety of permanent and serious health issues can result, including bowel and bladder control issues, problems or loss of sexual functioning, the inability to breathe without assistance, and problems regulating body temperature. A spinal cord injury results from a serious blow to the spinal cord area itself or from a traumatic injury.

What are the Causes of Spinal Cord Injuries?

There are several ways a spinal cord can be injured. However, according to the National Spinal Cord Injury Statistical Center, most spinal cord injuries, 42.1% of them, result from motor vehicle crashes. Other leading causes of spinal cord injuries are falls, injuries suffered while participating in sports, and violent acts. There are other situations, such as medical malpractice or medical errors, that can lead to spinal cord injuries. If you have suffered a spinal cord injury in any of these situations, you should consult with a Los Angeles spinal cord injury lawyer. Sometimes spinal cord injuries are caused by defective products, such as airbags that make injuries worse or don’t help prevent them, or seatbelts that release and do not properly restrain passengers.

Proving Negligence in a Spinal Cord Injury Case

Your Los Angeles spinal cord injury lawyer will build a strong case for you, proving that the other party is liable for your damages. Most personal injury lawsuits are based on negligence, which means you will have to show that the party you are suing is at fault for your damages. This means that if you suffered a spinal cord injury when your car was T-boned or you suffered a spinal cord injury when you slipped and fell on ice on the sidewalk in front of the grocery store, you will have to prove that the party you are suing is legally responsible for your injury because they acted negligently.

Proving Contributory or Comparative Negligence in a Spinal Cord Injury

Your Los Angeles spinal cord attorney will defend you against the allegations made by the other party. To defend themselves, Defendants frequently argue that claimants were careless and that contributed to his or her injuries. According to the Mayo Clinic, one out of every four spinal cord injuries involve alcohol, so the defendants might allege that intoxication was the cause for a claimant’s accident and the injuries that resulted. These defense theories are based on contributory negligence, which basically provides that the accident victim’s own carelessness contributed to the injuries, and comparative negligence, which weighs the carelessness of both parties in determining liability. In some cases, an “assumption of the risk” is argued. This means that if you were hurt while participating in an activity that is known to be risky, such as bungee jumping or snow skiing, it might be argued that you participated in this activity freely and were aware of the risks, so you are not entitled to receive compensation. If you suffered a spinal cord injury, consult with a Los Angeles spinal cord injury attorney today.

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