Proving Negligence in Spinal Cord Paralysis Cases
Spinal cord paralysis is a serious injury that can significantly impact your ability to partake in your daily life. These types of injuries don't just cause physical pain. Instead, they often result in life-long challenges, including changes to daily routines, the need for ongoing medical care, disruption to your employment, and financial instability due to medical bills and treatment.
At the Law Offices of Steven Zwick, we are dedicated to representing those who have suffered a spinal cord injury that resulted in paralysis due to someone else's actions or negligence. However, proving negligence in a spinal cord paralysis case can be challenging.
Our Southern California personal injury attorneys will work with you to determine negligence and help you pursue the compensation you need. Contact us today to schedule a free consultation and learn how you can hold the at-fault party accountable for their actions.
Common Causes of Spinal Cord Paralysis Injuries
According to the National Institute of Neurological Disorders and Stroke, the severity of a spinal cord injury will depend on the part of the spinal cord that is damaged. Injuries to the upper section of the spine can result in paralysis in most of the body (tetraplegia or quadriplegia), whereas injuries to the lower part of the spine may cause lower body paralysis (paraplegia).
Spinal cord paralysis can occur either immediately or develop as a product of increased swelling, bleeding, and cell death in the spinal cord. Spinal cord paralysis injuries can result from a variety of traumatic incidents, often caused by the careless or reckless actions of another party. The most common causes include the following:
Motor vehicle accidents: When a negligent driver speeds, drives under the influence, or fails to follow traffic laws, motor vehicle accidents involving cars, trucks, or motorcycles can exert tremendous force on the body, causing fractures, compression, or dislocation of the vertebrae.
Slip and fall accidents: Dangerous property conditions, such as wet floors, uneven surfaces, or lack of proper railings, can lead to serious slip and fall injuries, which can severely injure the back and spine. Property owners who fail to maintain a safe environment or adequately warn visitors of hazards may be held accountable for any resulting injuries.
Workplace accidents: Construction sites, warehouses, and manufacturing facilities are particularly hazardous environments. Falls from heights, accidents involving heavy machinery, and lack of safety measures can result in severe spinal cord trauma. Employers and third parties can be held liable if they neglect safety protocols.
Recreational activities and sports accidents: High-impact sports or poorly managed recreational activities, such as skiing, horseback riding, or even water parks, pose a risk for spinal cord injuries. Negligence from event organizers, facility owners, or coaches may contribute to these risks.
Medical malpractice: Spinal cord injuries can occur as a result of medical errors, such as surgical mistakes, misdiagnosis, or improper handling during medical procedures. Healthcare providers who fail to meet the standard of care may be held accountable for their negligence.
If you have suffered a spinal cord injury that resulted in full or partial paralysis, our experienced Southern California personal injury attorneys can help you pursue the compensation you deserve.
How to Prove Negligence in Spinal Cord Paralysis Cases
Proving negligence in spinal cord paralysis cases is essential to obtain compensation for your injuries. However, it requires a clear demonstration that the at-fault party failed to meet their duty of care and that this failure directly caused your injury. To determine negligence, you and your attorney will need to prove the following criteria:
Duty of care: You must prove that the at-fault party owed you a duty of care. For instance, drivers have a legal obligation to operate vehicles safely, and property owners are required to maintain safe premises for visitors. Demonstrating this duty is the foundation of any negligence claim.
Breach of duty: You must prove that the at-fault party breached their duty of care. This may involve showing that they acted recklessly, carelessly, or failed to take reasonable precautions. For example, in a car accident case, this could mean demonstrating that the driver was texting, speeding, or driving under the influence.
Causation: You must establish a direct link between the breach of duty and your injury. While this can be challenging, medical experts, accident reconstruction specialists, and other professionals can help you demonstrate whether the negligent party’s actions directly caused your paralysis.
Damages: You must quantify the extent of your physical, emotional, and financial damages. This includes medical records, evidence of lost wages, future care needs, and the impact on your quality of life. In many cases, comprehensive documentation enables you to pursue the maximum compensation available.
If you can provide evidence and documentation of these criteria, you will likely have a strong case for pursuing compensation against the at-fault party and holding them accountable. An experienced Orange County spinal cord injury attorney can help you gather relevant documentation and advocate for the justice you deserve.
Contact Our Experienced Personal Injury Attorneys in Orange County, California, Today
Spinal cord paralysis injuries often result in extensive medical treatment, ongoing medical care, and considerable medical bills. Adapting to new routines and practices after a spinal cord paralysis injury can be challenging, but you don’t have to face it alone.
At the Law Offices of Steven Zwick, our personal injury attorneys, Steven Zwick and James Alquist, understand the challenges spinal cord injury cases present, and we are dedicated to helping you recover the compensation you need for your medical costs and ongoing care, whether through negotiating a settlement or fighting for your rights in court.
If you or a loved one has suffered a spinal cord paralysis injury due to someone else’s negligence, reach out to us today to schedule a free consultation.
We proudly represent clients across Orange County, California, including but not limited to Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.