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Catastrophic Injury and Assumption of the Risk. Why Mountain Biking in Orange County May be More Dangerous that You Appreciate

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Orange County, California is known for being a very active and lively section of the Golden State. Many people will enjoy surfing on its coast, hiking on its mountains, or bike racing on its many trails. Unfortunately, with any risky activities there comes the chance for injury. In some instances, negligence can contribute to an injury and, in extreme scenarios it may be possible that the negligence can contribute to a severe injury.

Unfortunately, a catastrophic injury could lead to the inability to remain employed which could put an extreme burden on those that have been harmed as a result of the negligence. Also, such serious injuries could cause a heavy financial burden when dealing with the large medical expenses.  For example, a traumatic brain injury could require 24 hour care for the afflicted. The costs of such care can be enormous. Clearly, if someone else caused the injury, that person should pay for such resultant costs associated with their negligence.  

Some may be under the assumption that litigating a catastrophic injury case is cut and dry. This is not always the case because all active sporting ventures come with a certain assumption of risk. That means the person taking part in the activity needs to be aware that a risk of injury is always present. However, the assumption must be based on a reasonable amount of risk. Injuries based on negligence may fall outside this initial assumption of risk. The crux of the case will be proving that the negligence was the mitigating factor that caused the injury.

Selecting an attorney that has successfully litigated such cases to overcome an 'assumption of risk' defense is important. By working with an attorney that has solid experience with these cases, you can receive the compensation you deserve.  Contact Cohn & Swartzon, P.C. at 888-444-1955 to discuss your case and help you with injuries and medical bills.

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