Somerville Spinal Cord Injury Lawyer
Spinal cord injuries are just one of many catastrophic injuries that can result from an accident caused by another’s negligence. Although some spinal cord injuries prove to be fatal, others simply result in life-altering permanent impairment. If you or a loved one suffers a spinal cord injury as a result of another’s negligence, you have the right to hold that individual accountable for your losses with help from a seasoned personal injury attorney.
While money can never put you back in your original physical condition, getting compensation for your medical bills, rehabilitation costs, loss of income, and ongoing medical care needs could go a long way toward improving your quality of life. To that end, contacting a Somerville spinal cord injury lawyer today could be the first step to getting justice from those responsible for your losses.
Legal Grounds for Liability for Spinal Cord Injuries
The most common legal theory for holding other individuals or companies liable for expenses related to spinal cord injuries is negligence. Under a theory of negligence, individuals who act with careless indifference to the safety of others can be held financially responsible for any foreseeable injuries that occur as a direct result.
In order for a civil case based on negligence theory to succeed, the injury victim must prove the following elements:
- The defendant owed a duty of care to the victim
- The defendant failed to uphold the requisite duty of care
- The defendant’s failure to uphold that duty of care caused injury to the victim, who suffered damages as a result
These elements reflect the fact that all individuals owe a duty of care to others, in that they must act as a reasonably prudent individual would under the same circumstances. A Somerville spinal cord injury lawyer could help an individual establish liability in their spinal cord injury case.
Comparative Negligence and Spinal Cord Injuries
In some states, injury victims who are partially at fault for an accident are unable to recover damages for their injuries. Massachusetts law, however, permits injury victims to seek compensation for their losses so long as they are less responsible for the accident than the other involved party or parties.
Under Mass. Gen. Laws Ch. 231, §85, injury victims who are 49 percent or less responsible for an accident can still seek recovery for their damages. Their compensation amount would simply be reduced by the percentage of their own fault for the accident that led to their injuries. Therefore, if an injury victim was 30 percent liable for the accident that caused the injuries, the resulting amount of damages they ultimately receive can represent only 70 percent of the total damages.
Contacting a Somerville Spinal Cord Injury Attorney
Recovering from a spinal cord injury is never easy, and it is likely to result in months and even years of rehabilitation and continuing medical care in the most severe cases. It is all too common for spinal cord injuries to result from accidents caused by the careless disregard for the safety of others.
Negligent individuals should be held legally responsible for their actions, and a Somerville spinal cord injury lawyer could help you work to ensure this happens. Call a Somerville spinal cord injury attorney today to start the claims process.