Spinal cord injury claims require substantial evidence to prove both the defendant's negligence and the extent of your injuries. Building a strong evidentiary foundation is essential for maximum recovery.

Proving Liability

Evidence of Negligence

You must prove the defendant breached their duty of care. Key evidence includes:

Accident Documentation

  • Police reports—official documentation of vehicle crashes
  • Incident reports—workplace, property owner, or facility documentation
  • OSHA reports—workplace safety violations
  • Medical records—for malpractice cases

Witness Testimony

  • Eyewitness accounts of the accident
  • Statements from people who saw dangerous conditions
  • Expert witnesses explaining what should have been done differently

Physical Evidence

  • Photographs—accident scene, vehicles, dangerous conditions, injuries
  • Video footage—surveillance cameras, dashcams, body cameras
  • Physical objects—defective equipment, preserved vehicles

Documentary Evidence

  • Cell phone records showing distracted driving
  • Maintenance records showing neglected repairs
  • Training records showing inadequate preparation
  • Prior incident reports showing known hazards

Expert Testimony on Liability

Complex cases require expert analysis:

  • Accident reconstructionists—analyzing how crashes occurred
  • Engineering experts—evaluating product defects or structural failures
  • Medical experts—in malpractice cases, establishing breach of care
  • Safety experts—identifying OSHA or industry standard violations

Proving the Spinal Cord Injury

Medical Documentation

Comprehensive medical records are the foundation of your injury claim:

  • Emergency department records—initial presentation and imaging
  • Hospital admission records—all treatment during acute care
  • Surgical reports—if surgery was performed
  • Imaging studies—MRI, CT, X-ray showing spinal cord damage
  • Rehabilitation records—documenting recovery efforts and limitations
  • Ongoing treatment records—continuing medical needs

ASIA Classification

The American Spinal Injury Association (ASIA) Impairment Scale provides standardized injury classification:

  • Documented motor and sensory examination
  • Classification from A (complete) to E (normal)
  • Objective measure of injury severity
  • Critical evidence for establishing permanence and extent of paralysis

Medical Expert Testimony

Physicians must explain your injury to the jury:

  • Treating physicians—can describe your care and prognosis
  • Independent medical experts—can provide objective opinions
  • Specialties typically involved—physiatrists, neurologists, neurosurgeons

Proving Causation

You must prove the defendant's negligence caused your spinal cord injury—not a pre-existing condition or intervening event.

Medical Causation Evidence

  • Imaging showing acute trauma consistent with accident mechanism
  • Timing of symptoms—paralysis immediately following the incident
  • Absence of pre-existing spinal cord injury
  • Medical expert opinion linking accident to injury

Biomechanical Analysis

In vehicle crashes and falls, biomechanical engineers can:

  • Calculate forces involved in the accident
  • Explain how those forces caused spinal damage
  • Counter defense arguments about insufficient force

Proving Damages

Past Medical Expenses

Document all treatment costs:

  • Hospital bills
  • Physician charges
  • Rehabilitation costs
  • Equipment purchases
  • Medication expenses

Future Medical Needs

A life care plan documents lifetime medical needs:

  • Prepared by certified life care planner
  • Details all future medical care, equipment, and services
  • Provides cost projections through life expectancy
  • Essential for proving millions in future medical damages

Lost Income and Earning Capacity

Economic experts calculate financial losses:

  • Past lost wages—documented through employment records
  • Future lost earning capacity—based on age, education, career trajectory
  • Benefits losses—health insurance, retirement contributions

Pain and Suffering

Non-economic damages require different evidence:

  • Medical records describing pain
  • Mental health treatment records—depression, anxiety, PTSD
  • Your testimony—describing daily life with paralysis
  • Family testimony—how the injury changed you
  • Day-in-the-life videos—showing challenges of daily living

Preserving Evidence

Evidence can disappear quickly. Critical preservation steps:

  • Photograph everything—accident scene, vehicles, conditions, injuries
  • Collect witness information—names, phone numbers before they leave
  • Preserve physical evidence—don't repair vehicles or discard equipment
  • Send preservation letters—demanding defendants retain evidence
  • Request surveillance footage—before it's overwritten

Conclusion

Strong evidence is the foundation of successful spinal cord injury claims. From proving the defendant's negligence to documenting lifetime damages, comprehensive evidence maximizes your recovery. An experienced attorney knows what evidence is needed and how to preserve and present it effectively.