A spinal cord injury can be devastating on the victim and the family members because of the lifetime medical costs associated with the injury. If you have suffered a spinal cord injury, you may file a lawsuit and get compensation for your injuries and losses.

A spinal cord injury lawsuit may be filed on the following two legal grounds:

Spinal cord injury caused by negligence: If your spinal cord injury was caused due to negligence, you will need to prove that:

·         The defendant had a duty of care.

·         The defendant’s negligence caused your injuries.

Spinal cord injury caused by a defective product: If a defective or dangerous product caused you injuries, you may be entitled to compensation from the company that designed, manufactured, and sold that defective product.

Common defenses in a spinal cord injury case

Contributory and comparative negligence: In a spinal cord injury case, it is common for a defendant to argue that the injured person's own carelessness contributed to the accident. This defense is based on two legal theories - "contributory negligence" and "comparative negligence".

Contributory negligence implies that the victim’s carelessness contributed to the injury.

In the case of comparative negligence, the victim and the defendant’s carelessness are weighed.

Assumption of the risk: If the injury occurred as a result of being involved in a dangerous activity, the defendant will raise the "assumption of the risk" defense. The defendant may argue that the victim chose to take part in an activity that was likely to cause injuries, so he/she should not be entitled to compensation.