Lawsuits involving catastrophic injuries, like spinal cord injuries
, are usually based on the fact that someone else caused the injury or made it worse. Thus, a distinction is made between original liability and negligence for aggravating an existing problem.
Spinal cord injuries entail high costs, both for the initial medical treatment and for the care and life support afterward. The difficulties of having to prove a spinal cord injury
can be overcome with the help of an experienced Los Angeles personal injury attorney
Who caused the injury?
In any personal injury lawsuit, it is important to determine who is responsible for the injuries. As no two cases are the same, negligence and liability may not always be clear.
When the injury was caused by another party you are required to show that the individual has a duty of care and failed to meet it. This can be the case in defective product cases, premises accidents
, or medical malpractice lawsuits. One of our Los Angeles personal injury attorneys
who specialize in these type of accident can answer particular questions.
When the injury is not actually caused but aggravated by another party you may still claim compensations. Perhaps you have some preexisting back or spinal cord problems and you did not receive the appropriate or timely medical care. A lawsuit for a spinal cord injury could involve the party that played a role in the evolution of the injury.
How can negligence be shown?
Most spinal cord injuries will result from a previous accident, such as a vehicle or truck accident, a construction accident or another type of incident. The plaintiff has the burden of proof, meaning that he/she must show that another party was negligent, thus caused the accident, and the injury would not have occurred if it weren’t for the said negligence and the accident that followed.
The State of California has a pure comparative negligence doctrine
which allows the plaintiff to recover damages even if he/she was partially to blame for his/her own injuries. One of our Los Angeles personal injury attorneys can help you know more about your options and the maximum settlement amount of you are also to blame for the accident.
Spinal cord injuries require substantial medical evidence and proof that the other party had a duty of care that he breached.