Are there any restrictions on filing a spinal injury lawsuit?
Yes, there are restrictions on filing a spinal injury lawsuit in Florida. The statute of limitations in the state of Florida dictates that a personal injury claim must be made within four years of the date of injury. If the plaintiff does not file a claim within this period, the claim will be dismissed and they will miss out on the opportunity to recover compensation for their injuries. In addition, the plaintiff must prove that the defendant is legally responsible for the spinal injury. The plaintiff must show that the defendant acted in a negligent manner, such as failing to take reasonable steps to prevent the injury or failing to provide a warning of a dangerous condition that could cause the injury. Finally, a key provision of Florida law precludes a lawsuit if the injury was caused by the plaintiff’s intentional conduct or if the injury was caused by the plaintiff’s intoxication. As such, if a plaintiff was intoxicated and sustained a spinal injury as a result, it is unlikely that they will be successful in pursuing a spinal injury lawsuit against the responsible party. These are the three main restrictions when filing a spinal injury lawsuit in Florida. If the plaintiff is able to overcome these restrictions, they may have a valid claim and be awarded compensation for their injuries.
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