Spinal Stenosis Lawsuits
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What Is Spinal Stenosis?
Spinal stenosis causes a narrowing of the open spaces within the spine. The narrowing results in pressure building on the spine’s nerves and spinal cord. Spinal stenosis occurs most frequently in the lower back and neck. In the neck, symptoms vary from no pain at all to numbness, weakness, or tingling in the hand, arm, foot, or leg. In the lower back, the symptoms are pain or cramping when standing or sitting for long periods of time. This medical condition is caused by overgrowth of bone, herniated disks, tumors, thickened ligaments, or spinal injury.
Can I Sue If My Spinal Stenosis Was Caused by a Spine Injury?
An individual who develops spinal stenosis because of an injury caused by another person can bring a personal injury lawsuit against that person. Personal injury includes both harm caused by negligence or intent.
What Is Negligence in a Spinal Stenosis Claim?
Negligence is a legal theory where a defendant is liable because their carelessness or recklessness caused the plaintiff’s injury. It is defined as the failure to use the amount of care an ordinary individual would in similar or same circumstances.
To be successful, a plaintiff must show the defendant’s liability through four elements. These elements are:
- Duty owed to the plaintiff
- Breach of the duty
A negligence claim would be filed when the spinal injury occurred because of an accident caused by the defendant’s negligence, such as a car accident or a slip and fall incident.
What If the Defendant Purposely Caused My Spinal Stenosis?
An individual intentionally injured by another person can sue under a particular intentional tort. For instance, if the spinal injury resulted from a battery, the plaintiff must prove their case by showing that the defendant intentionally touched the plaintiff in a harmful or offensive manner, thereby injuring the plaintiff.
Should I Contact a Personal Injury Attorney about Filing a Spinal Stenosis Lawsuit?
Yes, it is in your best interest to contact a personal injury attorney about your spinal stenosis injury. The attorney will advise you of your legal rights and file a spinal stenosis lawsuit on your behalf.
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Last Modified: 08-05-2015 11:30 AM PDT
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