4 Things That Determines the Outcome of a Spinal Injury Trial

The verdict of a involving a spinal injury claim depends on how well the facts are established in court. Since spinal cord injuries are usually severe and life-altering, the judges tend to analyze all aspects of the case before granting any compensation to the victim.

A spinal cord injury could lead to disability, loss of income, and long-term, health issues for the patient. Working with Bridgford, Gleason & Artinian can help ensure that every critical factor influencing the trial outcome is properly addressed and presented in court.

1.   Strength of the Evidence Submitted

Evidence is crucial in any kind of spinal injury lawsuit. The better the evidence, the higher your chances of winning the case.

Evidence is needed to help the court understand what took place during the accident and find the liable parties. Evidence that is commonly used includes:

• Medical reports
• Witness accounts
• Accident reports
• Surveillance camera footage
• Photographs and videos from the scene of the accident

In the absence of solid evidence, proving a claim becomes nearly impossible.

2.   Proving Negligence

For a spinal cord injury claim to succeed, the plaintiff has to prove negligence. It is an act that shows a lack of reasonable care, leading to an injury.

In order for there to be proof of negligence, four conditions should be met:

• Duty of care
• Breach of duty
• Cause
• Damages

In some states, damages can be lowered depending on whether the plaintiff was partially responsible for the accident. Proving fault becomes a decisive factor in trials.

3.   Severity of the Injury

The severity of spinal cord damage is a crucial factor in a claim. Spinal cord injuries can be classified as complete injuries, implying a total loss of functions, or incomplete injuries, which lead to partial impairment.

The more serious the injury, the greater the compensation, since it requires lifelong care. Factors to consider include:

• Physical impairment
• Medical costs incurred
• Ability to perform ordinary activities

As the spinal cord damage causes both physical and psychological effects, a high level of non-pecuniary losses can be expected.

4.   Damages and Economic Losses.

In most spinal injury claims, economic and non-economic damages result from medical costs, loss of earnings and earning capacity, costs of rehabilitation and long-term care, and pain and suffering.

Future losses might also be included, particularly when the spinal injury keeps the injured person from working. Sometimes, punitive damages may also be awarded based on the negligence of the party responsible for the injury.

To accurately calculate these damages, a clear assessment of the financial and medical needs of the plaintiff is necessary.

Importance of Trial Preparation

Although many spinal injury claims settle out of court, those that go to trial need extensive preparation. Legal counsel needs to develop a coherent story of what happened, have convincing expert witnesses, and think of defenses to potential arguments raised by the opposition.

As these cases usually have high financial costs, the defendant or insurance company will aggressively challenge your claim.

Key Takeaways

• The result of a spinal injury claim largely depends on the evidence presented.
• Establishing negligence is fundamental.
• The severity of the spinal injury determines the amount of compensation and long-term impact on victims.
• Determining damages in a detailed manner helps strengthen the claim.
• The involvement of experts to provide insight into technical matters is common.
• Comparative negligence laws influence the compensation awarded.
• Being prepared for trial can increase the chances of winning a spinal cord injury claim.