What are the common legal issues in spinal injury cases?
Spinal injury cases in New York may be complicated due to the severity of the injury and the potential lifelong effects of the damage. Common legal issues that can arise in spinal injury cases include the following: 1. Liability: To establish liability, a plaintiff must prove that the defendant was directly responsible for an injury, and that the injury would not have occurred without their negligence. 2. Damages: Plaintiffs have the right to seek compensation for pain and suffering, medical expenses, lost wages, and diminished quality of life. 3. Statute of limitations: Plaintiffs have a limited amount of time from the date of injury to file their claim in court; this is known as the statute of limitations. 4. Expert witnesses: Expert witnesses are a critical part of spinal injury cases as they can provide expert opinions and testimony to help prove the case. 5. Standard of care: The “standard of care” is the duty of the defendant to act in a reasonable and prudent manner. The standard of care must be standard for the circumstances at the time of the injury. 6. Causation: To prove causation, the plaintiff must prove that the defendant’s negligence caused the injury to occur. This requires evidence of a direct connection between the defendant’s negligence and the injury. Understanding these common legal issues can be extremely important in spinal injury cases. It is important to speak to an experienced attorney who specializes in personal injury cases to gain a better understanding of your rights and to ensure the best outcome for your case.
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