Common Defendants in North Carolina Spinal Cord Injury Lawsuits
Have you suffered a spinal cord injury in a Charlotte personal injury accident? If so, you might be wondering how you can hold the at-fault party accountable for your losses. You may also be wondering who the at-fault party even is. There are several different people and groups who may be responsible for your spinal cord injury. Understanding who the common defendants are in spinal cord injury cases is an important first step in filing a lawsuit. Determining who is at fault for your spinal cord injury may seem easy, but it can be quite complicated.Contact Our Charlotte Spinal Cord Injury Lawyers
Many people are in shock after a serious spinal cord injury. You can be going about your day, and suddenly find yourself in a serious accident with serious injuries. Focusing on bringing a lawsuit may seem overwhelming, especially if you are not sure whom the defendant should be. At Arnold & Smith, PLLC, our lawyers can help guide you through the personal injury process while protecting your rights. Contact our Charlotte personal injury law firm today to learn how we can fight for you.Who Can I Sue After My Spinal Cord Injury?
In complicated accidents, it can be difficult to know who you can sue for your spinal cord injuries. Under North Carolina law, you can bring a lawsuit against any individual or any company whose actions or inaction caused your spinal cord injury. Some of the most common defendants for spinal cord injuries are the following people and organizations:
- Motor vehicle drivers whose negligent or reckless driving caused the accident that resulted in your spinal cord injury.
- A business whose poor workplace safety practices caused you to suffer a spinal cord injury while at work
- Healthcare provider that committed medical malpractice and caused your spinal cord injury or made your spinal cord injuries worse
- The person or people who attacked you and caused your spinal cord injury, if your spinal cord injury was the result of an assault or physical attack
What happens when an employee of a company causes your spinal cord injury? For example, what happens when a truck driver working for a national trucking chain causes your injuries? If that is the case, you might be able to bring a lawsuit against the trucking company itself for the negligence of its employee.
To succeed in bringing a claim against a company for the actions of its employees, you will need to prove that the employee was acting within the scope of his or her employment when the accident happened. You would need to prove that the actions of the employee were part of his or her ordinary job routine and that the employee did not veer away from serving his or her employer. In the case of the truck, when the driver is on duty and driving for an employer when the accident happened, the plaintiff will likely be able to sue the trucking company itself. However, it is important to determine if the person at fault was in fact an "employee" or was possibly a "independent contractor." These statuses can mean different things for your potential recovery against a company. Our attorneys at Arnold & Smith, PLLC are knowledgeable in this area and are ready to assist you in determining your potential defendants in your personal injury lawsuit.Suing a Healthcare Provider
When medical professionals act negligently, injured parties can bring a lawsuit against them. In March 2020, a North Carolina jury awarded nearly $817,000 in damages for a spinal cord injury gone wrong. When doctors or health care providers act negligently or recklessly, they are legally and financially responsible for the damage that they cause.
Proving that a doctor or medical professional caused your injuries is not always easy. However, the legal team at Arnold & Smith, PLLC has the necessary experience to investigate your case and help you determine whether your doctor or surgeon caused your spinal cord injuries or made them worse. We have the experience, resources, and professional network needed to prove your medical malpractice claim.Suing Your Employer for Your Spinal Cord Injury
Unfortunately, many spinal cord injuries happen at workplaces across North Carolina. Workplaces owe their employees a duty of reasonable care to provide reasonably safe worksites. When an employer knows that a workplace is unsafe or should know that a workplace is unsafe, the employer has a legal duty to fix any dangerous conditions or practices.
If you suffered a spinal cord injury from an unsafe work environment, you may have a valid legal claim against your employer. At Arnold & Smith, PLLC, we can investigate the circumstances surrounding your spinal cord injury and help you decide whether you can file a lawsuit against your employer. Contact our Charlotte spinal cord injury law firm today to schedule your case evaluation.