How is a spinal injury lawsuit typically decided?
In a spinal injury lawsuit in California, the decision is typically determined by a judge or jury. This typically involves the plaintiff (the person making the claim) presenting evidence that they were injured due to the negligence (carelessness) of someone else. The defendant (the person being sued) then has the opportunity to dispute the evidence presented by the plaintiff. Generally, a jury must then decide who is at fault and if the plaintiff has suffered any damages or losses due to the negligence of the defendant. The jury is usually given instructions by the judge on how to make their decision, such as the burden of proof that must be met and the legal definition of negligence and causation. The jury will then weigh the evidence presented, consider the law, and decide whether or not the defendant is liable for the plaintiff’s injuries. If the jury does find that the defendant is liable for the plaintiff’s injuries, they must then decide the amount of damages the plaintiff should be awarded. This includes not only the current and ongoing medical costs associated with the injury but also any income loss due to being unable to work and any other losses stemming from the injury. Once the decision has been made by the jury, it is final and cannot be appealed. However, the plaintiff may still be entitled to additional damages if their case meets certain criteria in California’s tort law.
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