Spinal cord injury lawsuits find a basis in proving negligence

posted in Uncategorized, by dcmmoguls, on November 1, 2016

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.