It’s late at night and you’re driving to a Christmas gathering—the plum pudding taking up the seat next to you. You’re all belted in, and you have the radio blaring for some background noise so that you don’t fall asleep on the long drive. Your headlights are illuminating the road in front of you, and there are no other cars in sight. It begins raining, but you continue at the same speed because there are only light droplets coming down. Suddenly, a car comes whipping around the corner, but they’re traveling too fast to stop in time. Both of your cars collide in the centre of the road, and you wake up to a nightmare. Your car is destroyed, and the flashing blue and red lights blind your vision. You wake up in a hospital bed with the news that you’ve sustained a serious spinal injury. All it took was one accident for your life to change forever, and the damage is irreversible. So what do you do?
Filing a Spinal Cord Injury Lawsuit
The purpose of the spinal cord injury lawsuit is to receive compensation for your injuries. Spinal cord injuries are a life-long battle, so compensation is usually provided to take care of future bills and expenses as well. Speaking to a Toronto personal injury lawyer is advised, as spinal injury cases are more complex because of complicated medical issues. Going through with a lawsuit is not an easy process, but a lawyer will help you through each step with guidance and support.
Common Defenses
There are many defenses that the defendant can use against you in your case. Here are two of the common defenses used in a spinal injury case:
- Contributory and comparative negligence: in a spinal cord injury case, it is likely that the defendant will argue that the accident was the fault of the injured person. Spinal injury cases usually involve alcohol, and if alcohol was involved in the accident, the defendant will argue that alcohol was the main factor. Comparative negligence means that the carelessness of both parties, the victim and the defendant, will be looked at.
- Assumption of the risk: this is when the risk of the activity you are involved in is looked at. If you received your spinal cord injury while taking part in a dangerous activity, the defendant will usually raise this defense. A few examples of risky activities include: bungee jumping, snowboarding, white water rafting, etc.
Hiring a Toronto Personal Injury Lawyer
A Toronto personal injury lawyer will assist you in filing a spinal cord injury lawsuit. A lawyer will be extremely familiar with the common defenses used by the defendant, and they will find evidence that proves that the injury was not the fault of your own. Receive the compensation you deserve, using expert advice and guidance from a trusted personal injury lawyer. Book a free consultation at Sokoloff today for your spinal cord injury case.
Sources:
http://www.ninds.nih.gov/disorders/sci/sci.htm
http://www.nolo.com/legal-encyclopedia/spinal-cord-injury-lawsuit-32417.html