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If you or a loved one suffered a spinal cord injury because of another person’s negligence, you need an injury lawyer who can help you get fair compensation. Cruz & Associates can help. A spinal cord injury is one of the most debilitating injuries that someone can suffer. It can leave people paralyzed or seriously handicapped for the rest of their lives.

Spinal Cord Injury Causes

A spinal cord injury happens when there is damage to the bundle of nerves in charge of transmitting signals from the brain to the body. This bundle is the spinal cord, and, when it suffers damage, it can leave people with various levels of paralysis, sometimes even completely paralyzed.

Common Causes of Spinal Cord Injuries

The most common cause of a spinal cord injury is through motor vehicle accidents. According to the National Spinal Cord Injury Statistical Center, about 42.1% of spinal cord injuries happen in car accidents. The second most common cause is from falls. Falls account for 26.7% of spinal cord injuries. Acts of violence and recreational sports are two other common causes.

Liability in Spinal Cord Injuries

Most of the time, people file spinal cord injury lawsuits on the grounds of negligence. The law considers people negligent when they have a duty to uphold and they fail to do so. The basic rule for any person or organization is that they must take reasonable care for the safety of other people. The requirements for this duty can vary depending on who the person is, but the law requires everyone to make a reasonable effort to prevent injury to anyone.

When a faulty product causes a spinal cord injury, a company or manufacturer may be liable for the injured person’s damages. Other spinal cord injuries can be because of faulty products. If the airbag in your car went off, for example, and it intensified the injuries you had already sustained in the car crash, that defective product could make the manufacturer liable to some extent for your injuries.

Georgia uses the comparative fault rule in personal injury cases. The comparative fault rules give the court the right to assign a degree of liability to each party and, in addition, for that assignment to affect the plaintiff’s award. For example, if the court find you to be 20% at fault for the incident that caused your injury, it will reduce your compensation by 20%.

Damages in Spinal Injury Cases

Generally, the courts determine damages based on expenses like medical bills and lost wages. In spinal cord injuries, however, the severity of the injuries usually affects the compensation. Because spinal cord injuries can impair one’s ability to move and function, damages could include things like ongoing healthcare, rehabilitation, assistive devices, and any necessary adaptations to the person’s home.

Common Defenses in Spinal Injury Lawsuits

One of the common arguments that the defense may utilize in a spinal cord lawsuit is contributory and comparative negligence. The defense may argue the victim was just as responsible for the injury as the defendant. In Georgia, comparative fault means that the victim can be partially to blame but still deserve compensation. However, if the court finds that the victim was 50% or more at fault, then it’s unlikely they will receive an award.

Another common argument is that the victim understood the risk of the behavior that cause the injury. The defense may claim the victim realized how dangerous the activity was and, therefore, was aware and responsible for the injury because he or she chose to take part in the activity. However, even if the plaintiff has signed a waiver, it doesn’t protect the defendant against acts of negligence.

Find a Spinal Cord Injury Attorney for Help

An injury to your spinal cord can change your life. If someone else was at fault for this debilitating injury, you deserve fair compensation. Fortunately, the Atlanta spinal cord injury lawyers at Cruz & Associates have over 25 years of experience handling slip and fall cases throughout Georgia. We have handled thousands of personal injury cases, and have what it takes to secure you compensation for your slip and fall injuries. Call us today to schedule a free initial consultation. We have someone available 24/7 to take your call 404.444.1111.