How is causation determined in a case?

In order to hold a valid case, an individual filing a personal injury claim against another individual must not be at fault. With that being said, personal injury lawyers use what they call causation in order to determine who was negligent in the situation being – causation is the chain of events leading up to a certain consequence, in often cases damages or injuries. For example, if someone with faulty brakes hits the vehicle in front of them, the causation would be the negligence of the driver in deciding not to fix his brakes, whereas the damages would be the injuries suffered by the third party. Four elements must be brought forward and defended in order to prove causation:

  • Duty of care: the third party must be able to prove that the driver was negligent in his responsibilities of keeping himself and his vehicle safe on the road.

 

  • Damages: pain, suffering and lost wages are the most common types of damages in a personal injury case. Damages are analyzed when it comes time to determine compensation for the injured.

 

  • Causation: this is the relation between the negligent act and the damages that occurred. Causation is, simply put, the reason for injury.

 

  • Breach of duty: a chain of events leading to damages and injuries is commonly referred to as the breach of duty. For example, in the case mentioned above, the breach of duty would come into play if the driver, knowing his vehicle had issues, decided against repairing it.

 

Fighting a personal injury case alone isn’t easy. Our lawyers will fight for your best interest and assist you in receiving adequate compensation. Call Cantini Law today for a free consultation: 1 (866)-CANTINI.

 

 

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