Proving Negligence in a Uber Lyft
Rideshare Accident Case

Injuries to the spine are some of the most severe and life-altering repercussions of an accident. No matter if it is due to a car accident, a fall or an injury on the job, spinal cord injuries can lead to permanent paralysis, constant pain and immense changes in lifestyle. When spinal injuries are sustained due to the negligence of another party, proving liability is essential in obtaining full compensation for your recovery and future care.

Here at Beverly Hills Injury Firm, we fully comprehend the physical, emotional as well as financial hurdles which may come to shape of spine injury victims. This article will outline how to prove negligence in a spine injury accident case so you can get started on building a strong legal claim.

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Spine Injury Accident Negligence

Negligence is when an individual fails to give a reasonable standard of care, and as consequence that failure results in another person being harmed. Hence, in the subject of spine injury, negligence can take place through two ways:

Distracted or reckless driving

Unsafe work conditions

Failure of owners to maintain safe property

Defective products or equipment

Your lawyer needs to prove that the negligence of the other person directly resulted in your spinal cord injury.

The Four Elements of Negligence You Need To Prove

A spine injury negligence claim must prove four legal elements in order to win.

Duty of Care: The defendant owed you a duty to not harm you according to the law. For instance, drivers are obligated to follow the rules of the road and property owners have a duty to maintain safe premises.

Breach of Duty: The defendant violated that duty by operating their vehicle in an unsafe manner, failing to follow safety guidelines, or not fixing things on the property that are dangerous.

Causation: In other words, If the breach had not occurred, you would have escaped your spinal cord injury. You need to show that your injury occurred as a result of the carelessness of the defendant.

Damages: You have true damages such as medical bills, lost earnings, pain and suffering, and permanent injury.

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

What Do You Need to Prove Negligence?

The key to making sure your case are able to prosecute needs to be strong evidence. What your legal team will gather and review:

Accident reports detailing the circumstances

Documentation from medical records giving a diagnosis and treatment for the spine injury

Testimony of medical expert regarding causation/seriousness of injury

Witness statements describing the accident

Pictures and videos from the scene of the accident or your injuries

Neighbor's home or business surveillance

Dashcam or surveillance video if applicable

Incident Records/Inspection Reports (Often Workplace or Premises Liability Cases)
The more quickly and completely you collect evidence, the greater your chance of proving negligence.

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Top Causes of Spine Injury Accidents

Any of the below mentioned accidents in which an act of negligence takes place can lead to spinal injury. Distracted, impaired, and reckless drivers crashing into other vehicles Injuries due to slip and fall accidents on dangerous grounds Unauthorized Workplace Entries due to Absence of Safety Measures or Defects in Equipment Defective Sports or other Recreational Equipment Accidents With the assistance of experienced attorneys, each case demands its own kind of legal strategy to establish fault and damages.

California’s Comparative Negligence Rule

California uses pure comparative negligence, which means any damages you receive will be reduced by a percentage equal to the fault assigned to you. This means if you are 20% at fault, you will have your compensatory damages reduced by that proportion. Establishing fault of the other party at least above 50% is one of the keys to establish liability. If this negligence can be proved then you will entitled to various damages which recover for the:

The Kinds Of Damages You Can recover

Medical bills and follow up treatment costs

Rehabilitation and assistive devices

Missed time from work and reduction in ability to earn a living

Massive trauma and mental harm

Modifications to the home Long-term care costs

Non-economic damages like loss of enjoyment of life or companionship

A spinal injury case typically has very large future damages because of the substantially severe and permanent nature of injuries.

California's Strict Liability Why You Need An Experienced Spine Injury Lawyer

Medical Records in Spine Injury Cases are Subject to Heavy Pushback by Insurers An experienced attorney will:

Analyze every inch of the accident

Preserve critical evidence

Accurately calculate your damages

Work with doctors on the quantification of these injuries

Bargain with insurers to attain a fair settlement.

Act purposefully if a decent settlement is refused forever

Beverly Hills Injury Firm are experts at litigating cases involving spinal cord injuries, and we battle tirelessly for the rights of our clients. Call Beverly Hills Injury Firm for a Free Consultation
If you or a loved one who is the victim of another, contact our experienced spinal cord injury lawyers. Act quickly to preserve your rights and establish a successful claim process.

With a free, confidential consultation, you can get on the phone with Beverly Hills Injury Firm today. If you need help with interpreting the law and getting the most money for your injury we are ready to fight harder than other lawyers when it comes to being seriously injured. We understand that your spinal injury is life-changing, and therefore, the legal representation we provide should be.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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