When someone is injured in an accident, he or she has the right to pursue compensation for damages suffered. To successfully recover compensation, the victim must prove his or her damages are a direct result of another party’s negligent actions. In other words, the victim must establish a causal link between the act and the damages.
Proving causation is one of the hardest parts of an injury case, so it is important to have someone with legal knowledge on your side. Our Oshkosh personal injury lawyers are prepared to help you prove causation to recover the compensation you need.
We offer a free consultation, and there are no upfront fees for our services.
Call (877) 888-5201 today.
What is Causation?
Causation is one of the four elements of a personal injury case. The others being duty of care, breach of duty and damages suffered. The causal link between breach of duty and damages suffered is the key to winning a case and recovering compensation.
A common scenario where causation is required to be proven is a car accident. For example, had another driver not run a red light, he or she would not have collided with the accident victim’s vehicle, resulting in injuries to one or more parties.
Why Does Proving Causation Matter?
Some people argue that causation is the most important element of an accident claim. If you cannot prove the causal link between the negligent party’s actions and your damages, then there is no case.
That is why the insurance company usually tries to blame your injuries on something else. They may also try to dismiss your injuries altogether because then there are no damages to link their insured’s negligent actions to.
What Evidence May Help Prove Causation?
Our experienced attorneys know the type of evidence necessary to prove causation in an injury case.
Physical Evidence
Things like surveillance or dashcam videos that show the lead-up to the accident may help establish whether a party’s negligent actions resulted in your damages.
For example, surveillance video footage from inside a grocery store that shows an employee failing to clean up a spill where a customer later slipped and fell, resulting in a broken hip.
Medical Evidence
Your medical records may also serve as evidence to prove causation. However, it is important that you seek medical treatment right away so you may successfully link your injuries to the accident. If you fail to do this, you give the insurance company ammunition to claim your injuries were caused by something else and not the accident in question.
Witness Testimony
In addition to physical and medical evidence, witness testimony may also help strengthen your claim. Testimony from an expert witness, such as an accident reconstructionist or a medical professional, may be the most useful.
The accident reconstructionist may be able to recreate the accident and determine what may have happened. His or her testimony in combination with the testimony of a doctor about the injuries that may occur in a specific accident may help establish the direct link between the accident and your injuries.
How Does a Preexisting Condition Affect Causation?
A preexisting condition can impact causation in a personal injury case. The insurance company will try and argue that you already had the injuries and therefore they are not liable.
If you have a preexisting condition, you can still recover compensation. If your old injury was aggravated, you would need to provide evidence of how the accident aggravated the injury. If your old injury was not aggravated, but you suffered a new injury, you would need to provide evidence of the new injury.
There are various strategies for proving aggravation of an existing injury. For example, your lawyer can compare prior medical records to the recent notes and diagnosis immediately following the accident for which you are now filing a claim. If you did not experience pain or other symptoms from the old injury, but after the accident you do, this could help prove causation.
Let Us Help You After an Accident. Call Today
After an accident, your focus should be on recovering from your injuries. It should not be on learning how to prove your injuries are the result of someone else’s negligence. That is why you should work with an experienced attorney.
Our lawyers are prepared to help you deal with the legal process while you focus on your health. We do not charge you anything while we work on your case. You do not pay us unless we recover compensation for you.
Call (877) 888-5201 to schedule a free consultation.