Are there any special considerations in filing a spinal injury lawsuit?

Yes, there are special considerations to filing a spinal injury lawsuit in California. First, there may be an issue involving comparative negligence, which is when both parties in an accident are partially at fault. California is a “pure comparative negligence” state, meaning that regardless of the percentage of fault, a plaintiff can still recover some damages. Second, California has a statute of limitations for filing a spinal injury lawsuit. This means that an injured person must file a lawsuit within the state-mandated time period, which is typically two years from the date of the accident. Third, California has a “severe injury” requirement which must be proven in order to file a spinal injury lawsuit. This means that the injury must be “substantial” or “severe” in order to be eligible for compensation. Fourth, since spinal injuries are medical malpractice cases, the court will consider the medical opinion of the doctor or medical professional who treated the injury. This means that an injured person will need to provide evidence of the medical provider’s negligence in order to prove their case. Finally, California requires legal representation for civil cases involving spinal injuries. This means that an injured person will need to hire an experienced spinal injury lawyer to represent their case. Thus, filing a spinal injury lawsuit in California involves specific legal considerations that should be taken into account prior to filing. It is recommended that anyone considering filing a spinal injury lawsuit in California contact a qualified lawyer as soon as possible.

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