If you have sustained a spinal cord injury in an accident that was not your fault, as the injured individual, you have the burden of proof. This typically means that you must demonstrate, by a preponderance of the evidence, that it is more likely than not that your accident resulted in the spinal cord injury.
To prove that another individual was negligent, you must show that he or she acted unreasonably under the circumstances. For example, in the case of a motor vehicle accident or motorcycle accident, you may prove negligence by showing that the other driver ran a red light, was speeding, or violated some other traffic law, which resulted in the accident that caused your injuries.
In addition to showing that the at-fault individual behaved unreasonably, you must demonstrate that the accident was a cause of your spinal cord injury. Although the accident does not need to be the sole cause of your injury, it must be at least one of several causes of your injury.
If you can prove the elements of your negligence claim, then you may then be eligible to pursue monetary compensation from the at-fault party and/or that party’s insurance company.
