What kind of proof will be necessary to win a spinal injury case?
In Washington, in order to win a spinal injury case, a person must be able to provide proof of the injury in question. This often includes medical records from when the injury first occurred, medical bills, and expert testimony. Additionally, the claimant must prove that the injury was caused by someone else’s negligence or wrongful action. To prove negligence or fault in a spinal injury case, the claimant must provide evidence of all four elements of negligence: duty, breach, causation, and damages. Duty refers to the duty owed to the plaintiff. For example, if the injury was caused by a doctor, the doctor would have had a duty to provide care that met the standard of care for that particular procedure. Breach would be evidence that the doctor did not meet the standard of care. Causation would be proof that the defendant’s failure to meet the standard of care directly caused the injury in question. Lastly, the claimant must prove that they suffered damages or losses because of the injury. Evidence is key in any case, and this is particularly true for spinal injury cases. A plaintiff may need the help of medical experts, eyewitnesses, and other professionals in order to provide the necessary evidence to win their case.
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