Every year millions of people suffer some type of spinal cord injury due to the negligent actions of others. The costs to pay for such an injury could be overwhelming for a family. Fortunately, the party who causes an accident could be held liable for damages in court.
If you or a loved one were severely injured due to the negligent actions of another, a seasoned catastrophic injury attorney could help your case. A Seminole spinal cord injury lawyer could investigate the cause of your injuries and help you hold the responsible party accountable for their actions. You may be eligible to recover compensation for your injuries and damages.
Understanding the Principles of Negligence
Spinal cord injury victims may have suffered their injuries as a result of an accident. But not all accidents are the same. Some accidents are unfortunate and result from no fault on the part of either party. But some accidents happen when one or both parties unintentionally commit a wrongful act that results in harm, also known as negligence.
The concept of negligence could be broken down into four core elements. These four elements are duty, breach, causation, and harm. To be civilly liable for the plaintiff’s damages, the defendant must owe the plaintiff a duty of care, breach that duty of care, proximately, and actually cause the plaintiff’s injuries.
Duty and Breach
If the defendant does not owe the plaintiff any duty to act with reasonable care under the circumstances, they are not liable for the plaintiff’s injuries. For example, ordinary citizens are under no duty or obligation to provide emergency medical care to an individual who has been injured in an accident. However, a health care professional has a medical duty of care to their patients.
Citizens typically owe one another a duty to prevent unreasonable risk of harm when engaging in an activity. A defendant is negligent and in breach of their duty when they fail to meet their standard of care under the circumstances.
Causation and Harm
The defendant’s actions must be both the proximate and actual cause of the plaintiff’s injuries. The proximate cause occurs when the defendant’s actions are the legal cause of the plaintiff’s injuries, and there are no other causes that intervene and supersede the defendant’s actions resulting in the plaintiff’s injuries.
The plaintiff must suffer harm, injury, or illness that is compensable by damages in court.
Seeking Damages for Spinal Cord Injuries in Seminole
Spinal cord injury plaintiffs in Seminole may seek economic, non-economic, and property damages that result from their injuries. However, a plaintiff’s compensation may be reduced under the pure comparative fault rule.
Under pure comparative fault, enacted under Florida Statutes §768.81, a plaintiff’s damages could be reduced by their percentage of fault that contributes to the cause of their injuries. If a plaintiff is found 100 percent at fault for causing their injuries, they would be barred from seeking damages.
How a Seminole Spinal Cord Attorney Could Help
Suffering from a spinal cord injury could be devastating for the victim and their families. Getting the legal relief you might need could be important moving forward, but doing it all on your own might leave you at a disadvantage.
A Seminole spinal cord injury could help guide you through the process of seeking legal recovery. They could review the facts of your case and help you develop a strategy for success moving forward. Call today to schedule a consultation.
