Personal injury causation refers to the relationship between an act that results in injury and the injuries a person suffers. In personal injury cases, the injured person must prove that the defendant’s acts caused their injuries. If the defendant proves that the plaintiff has a pre-existing injury, the plaintiff usually loses the case. However, attorneys can prove that the pre-existing injury was not active at the time of the accident or that the defendant’s actions aggravated it.
Causality of injuries is a commonly used term in personal injury cases. It essentially refers to the relationship between an act that results in injury and the injuries a person suffers. In a personal injury case, the person who was injured usually has to prove that the defendant’s acts caused her injuries; this is referred to as personal injury causation. In most cases, the defendant in a personal injury case seeks to prove the opposite: that the plaintiff has a pre-existing injury or that his injuries have some other cause.
In many jurisdictions with laws governing personal injury suits, a plaintiff in a suit must provide proof that he or she was injured. For example, if a person who has been in an automobile accident has a broken leg, their doctor’s records can provide evidence of the injury. If so, the cause of the injury may be easy to prove, as the broken leg is evident and may have been treated directly after the car accident. Things are murkier, however, when the injuries a person claims may have been present before the accident.
Many people experience back pain as a result of various types of accidents and it is sometimes difficult to determine the cause of the injuries in such cases. For example, a person who was injured in an automobile accident can sue the defendant for causing back injuries and seek compensation for medical expenses, pain and suffering. While the plaintiff may feel that he has a clear case, the defendant can cite medical records indicating that the plaintiff has suffered a back injury in the past. In such a case, the plaintiff’s attorney may argue that the plaintiff’s injuries were caused by the defendant, while the defendant’s attorney may argue that his pain and his suffering were caused by his previous injury . If the defendant proves it, the plaintiff usually loses the case.
When it comes to injury causation, a plaintiff’s case isn’t always harmed by a previous injury. In some cases, attorneys are able to prove that the pre-existing injury was not active at the time of the accident; medical records and expert reports can help with this. Sometimes lawyers even try to prove that the defendant’s actions did not cause the damage, but aggravated it. In that case, the defendant may be ordered to compensate the plaintiff for his worsening condition. Also, some plaintiffs have multiple injuries, and a judge must decide which of the injuries is the defendant’s fault.
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