Do I Have a Spinal Cord Personal Injury Case in Charlotte?
Victims of spinal cord injuries in North Carolina may have a valid claim for damages. The spinal cord is incredibly complex and vulnerable to damage. One severe blow to the spinal cord can cause irreversible and life-altering consequences. Spinal cord injuries can cause quadriplegia, partial paralysis, and other serious lifetime limitations. When another person's negligence caused your spinal cord injuries, you may be entitled to damages through a personal injury lawsuit. Contact our skilled personal injury lawyers as soon as possible to schedule your case evaluation today.
If someone else causes damage to your spinal cord, you may have a legal claim for damages against them. The most important step in bringing a personal injury lawsuit is to identify who is at fault and who will become the defendant. When more than one person or business caused your spinal cord injury, you may have a right to bring a lawsuit against one or all of the potentially at-fault parties for the full amount of damages you have experienced.
In traumatic accidents such as motor vehicle accidents, it can be easier to point to the cause of your spinal cord injury. If you can prove that the other driver caused the accident, you will be able to bring a lawsuit against the other driver. However, other causes of action are more challenging. For example, if a doctor caused your spinal cord injury or made your spinal cord injury worse, it can be more challenging to prove. This type of case requires the skills and expertise of a competent personal injury attorney to assist with proving this type of fault.
At Arnold & Smith, PLLC, our experienced lawyers understand how to conduct a thorough investigation regarding who caused your spinal cord injury. We investigate the facts of your case and examine all of the evidence and witness testimony related to your accident. Engaging in fact-intensive research can help your potential lawsuit tremendously.
The other major factor you need to consider regarding a spinal cord injury is whether you are at fault for your injury. North Carolina follows the legal doctrine of contributory negligence. Many states have moved away from this legal doctrine, but North Carolina continues to be one of only a few states to hold to the minority doctrine of contributory negligence.
In North Carolina, even if you are a small part at fault for your spinal cord injury, you will be barred from recovering damages in a personal injury lawsuit. In North Carolina, the plaintiff in a personal injury lawsuit must be truly innocent. For example, if someone fails to wear a seatbelt in a car accident and then becomes injured, he or she could be barred from recovering any damages for spinal cord injuries. However, failure to wear a seatbelt does not completely bar you from recovering compensation from a personal injury claim for a spinal cord injury.
The evidentiary standard in personal injury lawsuits requires proving the elements of the lawsuit by a "preponderance of the evidence." Generally, this means that you must convince the jury or judge that the defendant more likely than not caused your injuries. The preponderance of the evidence means that the defendant was more likely than not the cause of your spinal cord injury and subsequent damages.
The preponderance of the evidence standard is not as difficult to prove as the standard of "beyond a reasonable doubt" used in criminal trials. Instead, you must demonstrate that it is over 50% likely that the defendant's negligence or recklessness caused your spinal cord injuries.
Our Experienced Lawyers Can Help You Determine Whether You Have a Case
If you think you might be entitled to damages for your spinal cord injury but you are unsure if you have a case, we can help. We have combined decades of experience bringing personal injury lawsuits on behalf of our clients. We will evaluate the facts in your case and help you determine whether you may qualify for a personal injury lawsuit.
We will examine whether a court may find you partially responsible for your spinal cord injury. We will also evaluate who was at fault for your injury and how difficult it will be to prove that person's fault. Contact our law firm to schedule your case evaluation today.