A spine injury can happen to anyone; sometimes, it takes days, months, or even years before the person realizes what happened. It is called a delayed onset injury. A spine injury consists of pressure on the spinal cord. The pressure can come from someone’s body weight, such as when a person squats and her head comes down to her knees, forcing all her weight onto her lower back; it could also be caused by something else on the body that pushes against the spine.
The most common cause of spine injury is when a person has an accident where his head and neck come into contact with something underneath him, like the floor or the ceiling in a fall.
3 Elements of Proving Liability in a Spine Injury Claim
1. Establishing the Duty
In a spine injury claim, the plaintiff must prove that another person’s negligence caused the accident. Once verified, this establishes liability on the defendant’s part, which is known as setting the defendant’s duty toward the plaintiff. For example, suppose a child was playing in a playground and fell on an uneven patch of ground due to a lack of maintenance on the part of the park owner. In that case, this can be considered negligence, establishing his duty toward that child.
2. Proving Causation
After establishing the duty between the two parties, evidence shows how the accident occurred. The plaintiff must be able to show that it was due to another person’s negligence. It is referred to as proving causation. For example, in a third-party liability case where a driver collided with a telephone pole, causing it to fall and hit a pedestrian resulting in severe injuries, the plaintiff has to prove that it was because of the driver’s negligence. The plaintiff has to provide evidence showing that there was no distraction on the driver’s part, such as being distracted by his cell phone or not paying attention because he was talking to his wife or something like that.
3. Establishing Damages
To be compensated for injuries sustained, the plaintiff must show that the accident caused damages and identify those damages. Further, these damages must be proven with evidence by a medical expert or two that specializes in the field of orthopedic surgery, who will be able to present all medical records in court and explain how your injury occurred due to the defendant’s negligence or what actions they took to mitigate damages, i.e., surgery, physical therapy, etc. to help improve the plaintiff’s condition.
In the event of a neck or back injury, hiring a spine injury lawyer with extensive experience in these types of cases is essential. It is because the more you bring to the table, the more likely you will win your case. Hire a spinal cord injury lawyer like Adam Zayed. So that, an experienced lawyer knows what he’s doing and can easily overcome these hurdles and create a strong case for you. Every case is different, and every defendant will have reasons why they did not deserve to be found liable for your injury.
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