Spinal cord injuries often result in long-term medical care, physical limitations, and dramatic shifts in daily life. They are among the most serious injuries encountered in personal injury law, frequently leading to disputes over who was legally responsible.
Before compensation can be pursued, liability must be established. That process involves showing how the injury occurred, proving who caused it, and under what legal theory.
This article by Lorenz & Lorenz, PLLC, outlines how to prove liability in a spinal cord injury case. It addresses the required evidence, how different legal doctrines apply, and what steps can strengthen a claim.
What Proving Liability Means in a Spinal Cord Injury Case
Liability refers to the legal responsibility for causing harm. In a spinal cord injury case, proving liability means showing that another party’s conduct led to the injury and that they should be held accountable under the law. Whether the injury occurred during a vehicle collision, a fall on unsafe property, or an equipment malfunction, liability is the foundation of any successful personal injury claim.
Spinal cord injury claims often involve multiple parties, disputed facts, and high-value damages. Because of this, proving liability usually requires more than a simple explanation of what happened. Courts and insurance companies expect documented evidence and legal reasoning to support each element of the claim.
When liability is established, compensation for medical care, lost wages, and non-economic losses can be awarded. If liability is unclear or challenged, the claim may be delayed, underpaid, or denied outright.
Legal Elements Required to Prove Negligence
Most spinal cord injury cases are based on a legal theory known as negligence. To prove negligence in Texas, the injured party must show that the defendant owed a duty of care, breached that duty, caused the injury, and that actual damages occurred. Each element must be proven for the claim to succeed.
Duty of Care
Duty of care refers to the obligation to act reasonably and avoid putting others at risk. For example, drivers must obey traffic laws and pay attention to road conditions. Property owners must maintain their premises to prevent hazards. Manufacturers must ensure their products are reasonably safe for use.
Establishing that a duty of care exists in a spinal injury case is usually straightforward. Most people and businesses owe some level of care to others. However, the exact nature of the duty depends on the relationship between the parties and the circumstances of the injury.
Breach of Duty
A breach occurs when someone fails to meet the required level of care. This can involve an action—such as running a red light—or failing to act—such as not repairing a known safety hazard.
The breach must be unreasonable in light of what a person in the same position would have done. For instance, a property owner who ignores a broken railing on a stairwell may be found to have breached their duty of care if someone falls and suffers a spinal injury.
Photographs, inspection records, or eyewitness statements can be used to establish that a condition existed and was not addressed in a reasonable timeframe.
Causation
To succeed, the injured party must show that the breach of duty was the cause of their injury. In legal terms, this is called causation.
There are two parts to causation:
- Actual cause, meaning the injury would not have occurred without the defendant’s actions.
- Proximate cause, meaning the injury was a foreseeable result of the conduct.
For spinal cord injuries, causation often becomes a point of dispute. Insurance companies may argue that the injury predated the incident or that a different event caused the damage. Medical records, diagnostic imaging, and testimony from treating physicians may be used to link the injury to the event in question.
Damages
Even when duty, breach, and causation are proven, a claim will not succeed unless actual harm occurred. In spinal cord injury cases, damages may include emergency care, surgeries, rehabilitation, lost earning capacity, and long-term physical limitations.
These losses must be documented through medical records, billing statements, and wage documentation. The more clearly damages are presented, the stronger the overall case becomes.
Other Legal Doctrines That May Apply
While most spinal cord injury claims rely on direct evidence of negligence, there are situations where that evidence is limited or unavailable.
In some cases, Texas allows an injured person to establish a presumption of negligence when the event causing the injury is something that ordinarily would not happen unless someone acted carelessly, and the defendant was responsible for it.
To use this doctrine, the injured person must show:
- The injury is the kind that typically does not occur without negligence.
- The defendant controlled the instrument or cause of the injury.
- Any voluntary action or contribution by the injured person did not cause the injury.
An example might include a hospital patient who wakes up from surgery with a spinal cord injury that was not present before the procedure. If surgical instruments were involved and there is no other explanation, the presumption may be that negligence occurred, even if the exact error is not identified.
Types of Evidence That Support Liability
Proving liability requires more than a narrative. Evidence is the key to persuading insurers, judges, or juries that another party caused the injury and should be held accountable. In spinal cord injury cases, the following types of evidence often play a central role:
- Police reports. Often contain diagrams, witness statements, and preliminary fault assessments in motor vehicle cases.
- Medical records. Help establish the nature and timing of the injury. They can confirm that the spinal damage is consistent with the described incident.
- Photographs or videos. Can document hazards, vehicle positions, or injuries. This visual evidence is often persuasive, particularly when captured immediately after the event.
- Eyewitness statements. Provide independent confirmation of events. Statements from people who saw what happened can add credibility, especially in conflicting accounts.
- Maintenance or inspection records. Relevant in premises liability cases, these can show whether a dangerous condition was known or should have been known.
- Product documentation: For cases involving defective equipment, user manuals, recall notices, and design specifications may all be examined.
Every case will require a different mix of evidence depending on how the injury occurred and who was involved. The strength of the evidence can determine whether a claim settles early or proceeds to trial.
How to Prove Liability in a Spinal Cord Injury Case
Using Expert Witnesses to Prove Fault
Certain spinal cord injury cases involve technical or medical issues that a jury or insurance adjuster does not easily understand. In those cases, testimony from individuals qualified by training or experience may help explain how the injury occurred and what losses have resulted. This includes individuals who assess physical causes, medical impacts, or long-term financial consequences.
Common contributors include:
- Accident reconstruction professionals. Analyze crash scenes, vehicle damage, and movement patterns to show how the incident unfolded.
- Medical professionals. Explain how the injury developed, the required treatment, and how the condition will progress.
- Life care planners. Based on the injured person's condition, project future medical needs, therapies, and adaptive equipment.
- Vocational consultants. Assess whether the individual can return to work and whether training or accommodation is required.
In spinal cord injury claims, these contributors often prepare written reports and may be asked to testify if a case proceeds to litigation. Their findings can help connect a defendant’s actions to the injury and quantify the impact regarding care needs, earning capacity, and quality of life.
These evaluations are not limited to trial. Insurers reviewing high-value claims often rely on them during the pre-litigation phase to determine whether to offer a settlement and how much that offer should be.
Proving Liability in Different Types of Incidents
The evidence needed and the approach taken to prove liability will depend on how the spinal cord injury occurred. The legal strategy must match the facts of the case, whether it involves a vehicle crash, a dangerous condition, or a defective product.
Vehicle Collisions
Car, truck, and motorcycle accidents remain among the most common causes of spinal cord trauma. To establish liability, documentation may include:
- Police crash reports
- Dashcam or traffic camera footage
- Witness statements
- Cell phone records to show distraction
- Vehicle data such as speed or brake use
Responsibility often turns on who had the right of way, whether traffic laws were followed, and how fast vehicles were moving at the time of the crash.
Premises Liability Incidents
Falls from unprotected heights, broken stairs, or slippery floors can result in spinal injury. Liability depends on whether the property owner failed to maintain safe conditions or warn about known dangers.
Evidence may include:
- Surveillance video
- Incident reports filed with the business
- Cleaning and maintenance records
- Photos of the hazard before it was corrected
Spinal cord injuries caused by unsafe premises require proof that the condition was preventable and that the owner had actual or constructive notice of the danger.
Defective Products or Equipment
Spinal injuries may also result from failed harnesses, malfunctioning brakes, collapsed furniture, or other products that do not perform as expected. These cases often fall under product liability law.
Proving liability in product cases may involve:
- Engineering reports
- Product design specifications
- Testing records and recall notices
- Instructions, warnings, and labeling materials
Manufacturers may be held responsible if the injury resulted from a design defect, a manufacturing error, or a failure to warn about known risks.
Common Challenges in Proving Liability
Despite strong evidence, spinal cord injury claims are often met with resistance. Defendants and insurers may dispute facts or offer alternative explanations for how the injury occurred. Some of the most common issues include:
- Causation disputes. Arguing the injury predated the event or was caused by another factor
- Comparative fault claims. Suggesting the injured person contributed to the incident by acting unsafely
- Incomplete records. Missing documentation can lead to doubt about the sequence of events
- Delay in treatment. Gaps in medical care may be used to argue that the injury was not severe or related
Each of these issues can affect the strength of a claim. A prompt and well-organized response supported by records, witness accounts, and professional evaluations may be required to overcome objections.
Why Legal Representation Helps Build a Strong Case
Proving liability in a spinal cord injury case requires more than presenting facts. It requires organizing evidence, addressing potential challenges, and applying legal theories that connect the conduct to the injury. While some individuals try to manage this process on their own, it is often difficult to do so while dealing with the medical, emotional, and financial aftermath of a spinal injury.
An experienced spinal cord attorney can help by:
- Investigating the incident to identify all liable parties
- Preserving evidence that might otherwise be lost
- Coordinating with medical providers and evaluators
- Preparing a structured claim backed by documentation
- Responding to insurer denials or disputed findings
- Initiating legal proceedings if necessary
Representation also helps ensure that deadlines are met. In Texas, most personal injury claims must be filed within two years of the date of injury. Delays in pursuing a claim may result in evidence loss or even forfeiture of legal rights.
Those represented by legal counsel often find that the process becomes more manageable and that the record better supports the value of their claim. Legal guidance can help clarify strategy, manage communication with insurers, and move the claim toward resolution with accuracy and focus.
Proving liability in a spinal cord injury case relies on facts, documentation, and medical and legal standards. Whether the injury occurred in a vehicle crash, on unsafe property, at work, or due to a defective product, the goal remains to establish who was responsible and why that responsibility matters under Texas law.
Each case presents its challenges, but the quality of evidence and the structure of the claim often determine the outcome. Early action, thorough documentation, and informed strategy can make a substantial difference in recovering compensation that reflects the full impact of the injury.
Contact a Texas Spinal Cord Injury Attorney
Proving liability in a spinal cord injury case is not something you should be expected to manage alone. The demands are already high between medical appointments, physical limitations, and financial pressure. A knowledgeable spinal cord lawyer from Lorenz & Lorenz, PLLC, can take on the work of gathering evidence, analyzing the facts, and holding the responsible party accountable—so you can focus on recovery.
Our law firm assists individuals across Texas with serious injury claims involving vehicle accidents, unsafe premises, workplace incidents, and defective products. We prepare each case with the documentation needed to demonstrate liability under the law and pursue the full compensation our clients are entitled to seek.
We are here to support you if you have questions about your legal rights or need help starting a claim. Contact us today to schedule a free consultation. Call (512) 477-7333 or complete our online form to begin.
