How is a spinal injury lawsuit typically decided?

In North Carolina, a spinal injury lawsuit is typically decided based on a few key factors. The plaintiff must prove “negligence” or some action that resulted in the spinal injury. This requires the plaintiff to demonstrate that the defendant had a legal duty to act in a reasonable manner and failed to do so, which caused the plaintiff to suffer a spinal injury. Additionally, the plaintiff must prove “causation,” which requires establishing a direct link between the defendant’s negligence and the plaintiff’s injury. Lastly, the plaintiff must prove “damages,” meaning the plaintiff suffered losses due to the injury. In order to prove damages, the plaintiff must submit evidence of the financial losses incurred from medical bills, lost wages, and pain and suffering. Once the plaintiff is able to satisfy all these elements of a spinal injury lawsuit, then a court will decide as to the amount of damages to award the plaintiff. Judge and jury trials are both options in North Carolina. If the case is decided so that the plaintiff is owed damages, the court then determines the amount of damages based on what was presented in the evidence presented by the plaintiff.

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