Q What is causation and how can it be proven?
Causation is an integral component of each injury case. In order to win in a lawsuit for damages due to negligence or some other wrong, it is essential to claim (plead) proximate cause in the complaint. The plaintiff must prove in trial that the negligent act of the defendant was the proximate cause of the damages to the plaintiff (person filing the lawsuit). Most of the time, the burden of proof for causation is on the plaintiff. In other words, the plaintiff must prove that the defendant caused his or her injuries.
Even in the simplest injury case, a person who was previously healthy and later sustained an injury in a car wreck, may face strong opposition from the insurance company. Even if the injury is apparent on an x-ray, MRI, CT scan, or other diagnostic test, the insurance company and defendant may look for any possible reason to deny a claim. Claim denials are often based on preexisting conditions that the plaintiff isn't even aware of, such as degenerative changes, which may incidentally show up on diagnostic tests.
Causation can become very complex in other types of cases, such as medical malpractice, where there can be multiple causes for certain medical conditions. Not only is expert medical testimony required in these cases, but the medical expert's opinions must be based upon sound scientific principles, and the expert must have a solid methodology to support his or her opinions.
Having an attorney who is experienced in handling serious injury lawsuits is mandatory. The attorney must be comfortable working with qualified medical experts to prove the full nature and extent of your injury. The attorney must be able to show that your injury resulted from the negligence of the defendant.
Dallas medical malpractice attorney Kay Van Wey has over 25 years of experience in personal injury litigation. For a free consultation with Ms. Van Wey regarding your injuries and whether you may have a claim, please call (214) 329-1350.