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Las Vegas Personal Injury Attorneys / Blog / Spinal Cord Injury / The Role of Negligence in Spinal Cord Injury Cases

The Role of Negligence in Spinal Cord Injury Cases


Spinal cord injuries are devastating events with profound impacts on victims’ lives. When these injuries result from accidents, the legal concept of negligence often becomes a crucial factor in seeking compensation. At Mainor Ellis Injury Lawyers, our Las Vegas spinal cord injury lawyers understand the complexities surrounding these cases and the importance of establishing negligence to secure the justice and compensation our clients deserve.

What is Negligence?

Negligence, in legal terms, refers to the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions but can also involve omissions when there is some duty to act with care.

Elements of Negligence in Spinal Cord Injury Cases

In the context of spinal cord injury cases, determining negligence involves proving four key elements: duty of care, breach, causation, and damages. Let’s explore each element of negligence in detail.

  1. Duty of Care: This element establishes that the defendant owed a legal duty to the plaintiff. For example, drivers have a duty to follow traffic laws and operate their vehicles safely to avoid harming others.
  2. Breach of Duty: Once a duty of care is established, it must be shown that the defendant breached that duty through action or inaction. This could involve a driver texting while driving, leading to a collision.
  3. Causation: It must be proven that the defendant’s breach of duty directly caused the spinal cord injury. This link between the breach and the injury is crucial for the case.
  4. Damages: Finally, the plaintiff must demonstrate that they suffered damages as a result of the injury. These damages can include medical bills, lost wages, pain and suffering, and more.

More on Damages

Establishing negligence is not only about assigning blame but also about securing the necessary compensation to cover the extensive costs associated with spinal cord injuries. These costs often encompass immediate medical treatment, ongoing care, rehabilitation, modifications to living spaces, and loss of income, among others. Working with personal injury lawyers ensures that you will receive the compensation you deserve.

The Role of Evidence

Our lawyers delve deep into the circumstances surrounding each spinal cord injury case to meticulously gather evidence, including eyewitness testimony, medical records, and expert opinions. Each case is unique and the evidence can look different depending on the situation, which is why working with legal assistance is crucial. Our comprehensive approach to spinal cord injury cases ensures that every aspect of negligence is thoroughly addressed, strengthening our clients’ claims for compensation.

Reach Out to Mainor Ellis Injury Lawyers in Las Vegas, Nevada Today

Spinal cord injuries can change a person’s life in an instant, but determining negligence can be a complex and nuanced process. Our expertise in handling these sensitive cases, combined with a dedicated investigation and evidence-gathering, allows us to advocate effectively for our clients. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, know that you have rights and options. Mainor Ellis Injury Lawyers is here to guide you through the legal process, fighting for the compensation and justice you deserve.



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