What evidence is necessary to prove negligence in a spinal injury case?
To prove negligence in a spinal injury case in North Carolina, the plaintiff must present evidence that the defendant had a duty to act in a certain way and failed to fulfill that duty. This can include evidence of not following proper safety protocols, violating laws, or failing to maintain machinery or equipment. Evidence could come from witnesses, videos, documents, medical records, or any other evidence that could help demonstrate the negligence of the defendant. The plaintiff must also show that the defendant’s breach of duty caused the injury. This involves proving that the defendant’s negligence directly caused the injury. Evidence must show that the defendant’s actions or inactions were the cause of the injury and not caused by the actions of the plaintiff. The plaintiff must also show that the injury was foreseeable. This means that the defendant should have known that certain actions or lack of actions on their part could lead to an injury. Evidence of foreseeability may include expert testimony or evidence of prior similar incidents, such as other cases of spinal injury or other injuries caused by the defendant’s negligence. Finally, the plaintiff must prove damages. Damages can include medical bills, lost wages, and pain and suffering. Evidence to show damages may include medical bills, expenses related to treatment, and lost wages. The plaintiff must be able to prove that the damages were directly related to the defendant’s negligence.
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