Spinal injuries can be life-altering, leading to long-term disabilities, chronic pain, and significant medical expenses. When such an injury occurs due to someone else's negligence—whether in a car accident, slip-and-fall, or trucking accident—it's important to hold the responsible party accountable. Proving negligence in spinal injury cases can be complex, but understanding the key elements and the steps involved can help you build a strong case.
Below, we explore how to prove negligence in spinal injury cases and secure the compensation you deserve.
1. Establishing Duty of Care
The first element in proving negligence is demonstrating that the defendant owed you a duty of care. This means that the other party had a legal responsibility to act in a manner that would prevent harm to others. For example, a driver must follow traffic laws and operate their vehicle safely. Similarly, a property owner must maintain safe conditions on their premises to prevent injuries.
In spinal injury cases, establishing a duty of care is usually straightforward. Whether the injury occurred in a car accident, workplace incident, or medical malpractice situation, the defendant likely had an obligation to act with caution.
2. Proving a Breach of Duty
Once you establish that a duty of care existed, the next step is proving that the defendant breached that duty. A breach occurs when the responsible party fails to act with the level of care that a reasonable person would under the same circumstances.
For instance, in a car accident case, a breach could involve reckless driving, speeding, or running a red light. In a workplace injury case, a breach might involve failure to provide adequate safety equipment or maintain a safe working environment. Similarly, in a medical malpractice case, a breach could involve a doctor or surgeon failing to follow standard medical protocols.
The key is to demonstrate that the defendant's actions—or failure to act—directly contributed to the conditions that led to the spinal injury.
3. Causation: Connecting the Breach to the Injury
To prove causation, you must show that the defendant’s breach directly caused your spinal injury. This requires linking their actions—like speeding or failing to follow medical protocols—to the accident or incident that resulted in your injury. Expert testimony from medical professionals or accident specialists is often essential to clearly establish this connection.
4. Proving Damages
Finally, to succeed in a spinal injury case, you must prove that you suffered damages as a result of the injury. Damages include both economic and non-economic losses, such as:
- Medical expenses: The cost of surgeries, physical therapy, medications, and long-term care.
- Lost wages: Income lost due to your inability to work as a result of the injury.
- Pain and suffering: Compensation for the physical and emotional toll of living with a spinal injury.
- Loss of enjoyment of life: Compensation for the impact the injury has had on your ability to engage in activities you previously enjoyed.
Your attorney will work with you to gather medical records, financial documents, and expert testimony to prove the full extent of your damages.
Let Our Attorneys Help You Prove Negligence and Win Your Case!
Proving negligence in spinal injury cases can be complex, but with the right legal representation, you can build a compelling case that holds the responsible party accountable. If you've suffered a spinal injury due to someone else’s negligence, don’t navigate this process alone.
Reach out to Shamberg, Johnson & Bergman today at (816) 542-5999 to learn more.