Causation

Causation is the process of determining and proving the cause of one's injury. In order to recover damages, the injured party must prove that defendant was indeed the cause of their injuries. In a case of personal injury, there are two major components in accomplishing this. Firstly, there must be a medical report showing that there was an injury related to the incident, rather than some other lingering injury caused by something else. Then, it needs to be proved that the other person is at fault for those injuries, whether because of their negligence or some other reason based on the defendant's conduct. If causation cannot be proved, the plaintiff cannot recover damages from the defendant. In some cases, known as comparative fault fault is determined to have been on the part of both parties and only a percentage of damage is paid by defendant.

Fast Facts

  • proximate cause is when some event is enough related to an injury to be considered the cause

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