Who is liable in your spinal cord injury case will depend on its unique circumstances. However, any party who contributed to or caused your injury can be liable. The first step to holding a party accountable is identifying the one or multiple parties who are responsible. A spinal cord injury lawyer can do this after investigating your accident.
Spinal cord injury cases typically rely on the theory of negligence, which is a person’s failure to act reasonably. Your attorney will look for evidence demonstrating a party was negligent and, therefore, liable. The following four elements are required to prove negligence:
The at-fault party owed you a duty of care.
The at-fault party breached their duty of care.
The breach of care directly caused your injuries.
You suffered damages (e.g., medical bills, lost income, pain and suffering, etc.).
Examples of potentially liable parties include another driver if your spinal cord injury was caused by a car accident, a physician who committed medical malpractice, a manufacturer of a defective product, a property owner who allowed a dangerous condition to exist on their property, which led to your injury, etc.