Spinal Cord Injuries – Injury Lawyer in Stockton
The spinal cord is a bundle of nerves running from the base of the neck to the waist that transfers information from the brain to the rest of the body. There are ring shaped bones to protect the nerves and any blow to the protective bones or vertebra can cause severe damage to the nerves inside and once the damage is done, it cannot be reversed. Most spinal cord injuries result from traumas like car, truck, motorcycle accidents, or construction and depending on where the spinal cord with hit, the damage can vary. You can suffer from tingling in the limbs to complete paralysis. If you have been in a spinal cord injury, make sure to consult an attorney because the facts and circumstances of the accident will determine which legal course of action can be pursued.
Most spinal cord injuries are due to negligence, which can be either an affirmative act or an omission. This means that a person can be negligent because he or she either did something that a reasonably judged person would not do under the circumstances, or he or she failed to do something that a reasonably judged person would have done under the circumstances.
Every spinal cord injury case is unique and the circumstances surrounding it will determine the type of evidence needed to prove negligence. The elements of a negligence claim are duty, breach, causation and damages. To prove these elements, the plaintiff must show that the defendant owed a legal “duty” of care to the plaintiff under the circumstances, that the defendant “breached” or failed to perform that duty, that the defendant’s breach “caused” the accident or injury that resulted in the plaintiff suffering “damages”.
California follows the doctrine of “comparative negligence” which means that the plaintiff may be able to recover damages even if he or she was partially at fault for his or her own injuries. Because every case is different, make sure to contact an experienced attorney who understands the legal system and your case specifically.