Understanding Liability in Spine Injury Accidents

Written on behalf of Abramson Smith Waldsmith LLP

Your spine is the home to the most important nerves in your body. That’s why spine injuries can be so devastating to your quality of life. If you’ve suffered a spine injury, you could lose your ability to work, perform daily tasks, or walk.

If someone else caused your spine injury, you deserve compensation for the harm they’ve caused you. To start fighting for this compensation, you must determine who’s liable for your injury. Keep reading to learn how liability works and how it’s determined in accidents like yours.

What Is Liability?

Liability is the legal term used to identify who’s responsible for an adverse event. If someone accidentally or purposefully hurts someone else, they are liable for the harm they’ve caused.

The concept of liability is crucial for people who’ve been injured in accidents. Insurance companies rely on responsibility to determine who should pay for a victim’s medical care.

For example, if you’re injured in a car accident, your car insurance, the other driver’s car insurance, and your health insurance will debate who was liable for the accident before paying for your medical car. If the other driver was responsible and liable, then their insurance may cover your medical bills. On the other hand, if no one was liable, your car and health insurance will cover your care instead.

How Liability Is Determined for Spine Injuries

Liability is particularly critical for severe problems like spine injuries. These injuries can cause permanent consequences, preventing you from returning to work or doing your favorite activities. You may even require lifelong medical care as you fight to recover your former quality of life.

That’s why proving someone is liable is so important. By proving that someone else caused your injury, you can pursue damages to cover your medical expenses. In many cases, the liable party may also have to pay damages such as lost wages and pain and suffering. These damages are intended to compensate you for the pain you’ve experienced and the work you can no longer perform.

For spine injuries, liability is usually determined by considering details of the accident, such as:

  • Whether someone had a duty of care to protect you. Businesses are typically obliged to make sure their premises and activities are reasonably safe for their clients.
  • Whether they were negligent in that duty. For instance, if you were hurt after falling on a store’s slippery floor, the store had failed its duty to make the floors safe to walk on.
  • Whether that negligence caused your accident. A slippery floor isn’t grounds for a lawsuit. You also have to prove that the slippery floor is the reason you fell and got hurt.

If you can prove these three elements, you have a strong argument for the other party’s liability.

Win Damages for Your Spine Injury by Pursuing Liable Parties

Liability is at the core of successful personal injury lawsuits. If you’ve suffered a spine injury, you’ll need to prove that someone else was liable for your injury to receive the damages you need. The most effective way to prove someone is liable is to work with experienced personal injury attorneys like the team at ASW LLP.

Our expert lawyers are prepared to help you hold the person who hurt you accountable for their actions. Reach out today to discuss your situation and learn how we can help you fight for the damages you need to return to your normal life.

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