Among all kinds of accidents, few are as devastating as those that result in spinal
cord injuries. Each year, thousands of people become victims when they lose motor
control and sensation, resulting in paralysis in the lower parts of the body or in all
four limbs. When this happens, medical complications can be permanent and
severe.
According to the National Spinal Cord Injury Statistical Center, motor vehicle
accidents are the most common way spinal cord injuries occur, accounting for 42%
of all such injuries. This is followed by falls, which account for almost 27% and acts
of violence which cause 15% of all spinal cord injuries.
An attorney representing a victim and seeking to recover damages will most likely
file a lawsuit based on the legal premise of negligence. For example, if you are
involved in a car accident, and the other party is found to be at fault, then an
attorney will be able to make the case that they were negligent in their driving, and
caused your spinal cord injury.
Another way an attorney can seek damages is by proving the spinal cord injury took
place through the use of a defective product. For example, if you are involved in a
car accident, and air bags failed to deploy or seat belts unbuckled when they were
not supposed to, then a victim may be able to seek compensation and damages
against the manufacturer of the product.
However, if a person is involved in a high-risk activity, the defense attorney may be
able to claim the victim is either partially or wholly responsible for their injuries.
Using the same car accident example, if the driver of the car was injured, but they
were drinking alcohol which contributed to the crash, they may be liable for their
own injuries under what is known as “contributory negligence.” In some instances,
both the driver/victim and a defendant may both be at fault. In cases like this, the
legal theory known as “comparative negligence” comes into play, with each party’s
carelessness being taken into consideration.
Choulos, Choulos & Wyle proudly serve clients in San Francisco, Oakland and in
cities throughout the Bay Area.
