Can I Sue for My Spinal Cord Injury?
Sep 12 2014

Can I Sue for My Spinal Cord Injury?

personal injury attorney in orange county  Medical Records & Stethoscope An experienced personal injury attorney in Orange County would argue one or both of the two most common causes of spinal cord injuries.

Negligence

In most cases, spinal cord injuries are caused by someone else’s negligence. To succeed on a negligence claim, you must prove:

  • Duty: The defendant had a legal duty of care;
  • Breach: The defendant breached that duty by acting or failing to act in a certain way (negligent);
  • Causation: The defendant’s negligent act caused actually caused your injury; and,
  • Damages: You were actually harmed or injured as a result.

Product Liability

A defective product could also cause injuries to the spinal cord. For example, your seat belt snapped or the air bags did not deploy when you were involved in a car accident could cause or contribute to the resulting spinal cord injuries. Similar to a negligence claim, you must prove the product is defective in one or more of the following ways:

  • The design of the product was inherently dangerous;
  • The product was not manufactured according to the proper design and therefore, did not perform as intended; or,
  • There was a lack of, or inadequate, warning labels against the product’s reasonable foreseeable dangers.

Seek Legal Counsel with a Personal Injury Attorney in Orange County

For more information about your spinal cord injury, contact an experienced and skilled personal injury attorney in Orange County with Russell & Lazarus APC at (949) 851-0222.

 

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