Are there any laws protecting a plaintiff in a brain injury lawsuit?

In California, there are certain laws that protect plaintiffs in a brain injury lawsuit. California’s Civil Code § 3333.2 allows a plaintiff to recover damages for non-economic losses they suffer due to a brain injury or any other type of personal injury. This means that a plaintiff could recover compensation for the physical, emotional, and psychological suffering that the injury causes. Another law that protects plaintiffs in a brain injury lawsuit is the Government Claims Act which allows an injured party to file a claim for damages against a government agency. This includes damages for medical expenses, lost wages, and pain and suffering. In addition, California’s Health and Safety Code § 1799.10 prohibits medical practitioners from denying medical treatment to those suffering from brain injury. This means that medical personnel must provide medical care for a person suffering from a brain injury regardless of the person’s insurance status. Finally, California’s Education Code § 49400 prohibits educational institutions from excluding students from participating in activities due to a brain injury. This code also requires schools to provide special education services to students with brain injuries. These laws all work together to protect a plaintiff in a brain injury lawsuit and ensure that they are compensated for their suffering. All of these laws should be considered when filing a brain injury lawsuit in California.

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