CA
Back & spine settlements
in California.
A California jury gave a man $17,235 for a back injury after a driver his lawyer said was drunk hit his trailer, and the verdict did not stand. The court ordered a new trial because defense counsel’s improper arguments likely held the award down.
Facts that decide a back & spine claim in California
| Improper argument | Repeated improper closing argument by defense counsel can justify a new trial where it is reasonably probable the plaintiff would otherwise have done better.Jackson v. Park (Cal. Ct. App. 2021) |
|---|---|
| Reasonable value of care | Competing billing experts can testify to the reasonable value of medical care; the jury weighs them.Jackson v. Park (Cal. Ct. App. 2021) |
| Medical bills | Past medical damages are limited to the amount actually paid or owed, not the higher amount billed and written off.Howell v. Hamilton Meats & Provisions (Cal. 2011) |
| Deadline to sue | Two years for “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”Cal. Code Civ. Proc. § 335.1 |
| Fault rule | Pure comparative fault: your own negligence reduces your damages by your share but never bars recovery, even at 90%.Li v. Yellow Cab Co. (Cal. 1975) |