Blunt force trauma or damage to the spinal cord can cause severe injuries that have devastating consequences on your life and the lives of your loved ones. These injuries often occur after sustaining a sudden blow to the spine and can lead to permanent loss of muscle strength, sensation, and immobility.
Although there is no cure for traumatic spinal cord injuries, you can still live a full and happy life with the proper medical care and rehabilitation. If another person’s negligence caused you to suffer from a debilitating injury, a skilled catastrophic injury attorney can help you hold them financially accountable. Schedule a consultation with a Bear spinal cord injury lawyer at Doroshow, Pasquale, Krawitz, and Bhaya as soon as possible.
Proving Negligence After a Spinal Cord Injury in Bear
A claimant must provide evidence in civil court that demonstrates a defendant was negligent to recover compensation for damages. Likewise, specific elements must be proven to establish liability, including:
Duty of Care
State law holds that every person must act in a manner that another reasonable adult in the same situation would. This concept is referred to as a duty of care. A claim for damages should prove that a defendant owed a duty of care to a plaintiff.
Breach of Duty
When a person’s negligence causes an injury, they have breached a duty of care. An example of reckless behavior might include running a red light or failing to follow other traffic laws.
Cause-in-Fact and Proximate Cause
A civil claim for damages must prove that a plaintiff would not have sustained damages or losses if not for a defendant’s actions. In addition, a lawsuit must establish that a defendant’s carelessness caused the injuries.
Finally, there verifiable damages must exist in a successful lawsuit. A claimant can prove these losses with evidence, including medical records, hospital bills, and expert testimony.
A dedicated local attorney could investigate case details to find proof of negligence regarding a spinal injury.
The Comparative Negligence Rule
It is not uncommon for a civil court to find that a plaintiff shares a portion of liability for their injuries. However, under the Delaware Code Title 10 § 8132, if a plaintiff is partially at fault for an incident, the civil statute does not bar them from recovering damages as long as their portion of the liability is not more than a defendants.
In cases that involve comparative negligence, a court will subtract a plaintiff’s portion of fault from a total award amount. A diligent lawyer in Bear can answer questions on the comparative negligence rule and other civil statutes for debilitating injuries.
Call a Seasoned Spinal Cord Injury Attorney in Bear
If a person’s reckless actions caused you or someone you love to sustain a spinal cord injury, you could collect compensation for damages. Injuries inflicted on a person’s spinal cord require long-term medical care which could result in costly medical bills and lost income. You should not be responsible for those expenses.
However, a settlement could ensure you receive payment for medical care, living expenses, lost income, and mental anguish. Although money cannot fix your losses, it can help you hold the negligent party accountable and get back on your feet. Reach out to an experienced Bear spinal cord injury lawyer at Doroshow, Pasquale, Krawitz, and Bhaya today if you need help filing a civil claim.