The Role of Alcohol in Paralysis Accidents
Motor vehicle accidents are the number one reason for paralysis caused by trauma. The National Highway Traffic Safety Administration found just over 54 percent of drivers involved in traffic accidents with injuries had drugs or alcohol in their systems, with tetrahydrocannabinol (THC) being the most common substance and alcohol the second most common.
By breaking California law concerning impaired driving and being ticketed for it, a defendant may be subject to the state’s statute addressing negligence per se, under California Evidence Code § 669. This is a streamlined way for a personal injury attorney to prove negligence. The jury is instructed that if the defendant broke the law and substantially caused the plaintiff’s harm, then negligence is established, which circumvents the traditional elements of negligence that must be proved. A Los Angeles paralysis injury lawyer from our firm could determine if negligence per se applies in a person’s case, which greatly increases the likelihood of receiving damages.
Caps for Compensatory Damages
Those who suffer paralysis injuries at the hands of another person are entitled to be compensated for their economic damages, including medical care for a lifetime as it relates to the injury, lost wages, and other outlays such as retrofitting a home or van. They are also entitled to non-economic damages such as for the emotional trauma of living with paralysis, suffering, and loss of the enjoyment of life.
Non-economic damages are only capped if the original claim is for medical malpractice. If the paralysis was the result of a vehicle crash or some other situation, caps do not apply.
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