What Is Causation? Answers from
a Tampa Auto Accident Lawyer
Personal injury victims may find themselves
becoming familiar with a variety of legal terms, a common
one being "causation." Different from proving fault or
negligence, causation is your responsibility to prove
that your injuries were caused by the accident. For instance,
if you are hit in a Tampa, Florida area car accident and
suffer serious injuries, you may have ample evidence to
prove that the person who hit you was at fault in the
accident. You may even be able to prove that the other
driver behaved negligently in the accident by speeding
or running a red light. Causation is different because
it requires you, the injured party, to prove that the
accident caused your injuries. If you have been injured
before, or if the accident had little property damage,
causation can be particularly difficult to prove.
Causation comes up a lot in Tampa, Florida
car accident cases and since it can be tricky, it is typically
best to consult a Tampa auto accident
lawyer about how to handle it. In order to prove causation
in an auto accident, our Tampa law firm employs a number
of strategies and techniques at the very beginning of
the case. For example, it may become a huge issue at trial
whether or not an auto accident collision created significant
force upon the passengers of a vehicle—enough force to
create or cause the alleged injuries. In order to prove
those forces, it is necessary to gather information that
is referred to as "crush damage," or the amount of damage
to the vehicles involved in the accident, and how that
damage corresponds with your injuries.
Your lawyer and his or her accident
investigator also will look for such things as skid marks
or variations in skid marks where the accident occurred.
The investigator also will want to get witness statements
before memories fade. This is why witness statements must
be gathered early on, or else they may be lost—to the
detriment of you, the injured party.
With the evidence gathered immediately
after the accident, as well as the assistance of biomechanical
experts and re-constructionist experts, your Tampa auto
accident lawyer will have the best chance of explaining
to a jury how the accident you were involved in resulted
in your injuries.
Another stumbling block law firms are
faced with is proving causation when medical records are
poorly kept. It is important that your attorney look over
the doctor's shoulder to make sure everything is properly
documented and if not, to correct that situation.
Furthermore, good advice from a concerned
injury attorney can help prevent or resolve a frequent
problem with car accident injuries – the fact that clients
will often complain about their most pressing injury and
not mention those injuries that, at the moment, seem less
significant. Failing to mention all injuries early on
after an auto accident can greatly affect the ability
to prove that those injuries were caused by the accident.
Regardless of how significant an auto accident injury
may become in the months following the accident, if you
don't mention it right off the bat, proving causation
becomes increasingly difficult.
Finally, people's lives are busy, and
finding the time to get adequate and appropriate treatment
for auto accident injuries can prove very difficult. If
someone who is injured in an auto accident doesn't get
treated regularly in order for those injuries to get better,
it may become difficult later on to prove that the injury
is as significant as the injured person claims. In order
to overcome a number of these issues in regard to causation,
it is necessary that you have a personal injury law firm
that gives you individual attention and personalized service.
It is also necessary that your law firm have significant
trial experience so that they understand what to expect
in regard to causation, and by anticipating the problem,
can work with you to prevent causation from becoming an
issue.
For more information about causation
and the other issues that are likely to arise in your
Tampa area car accident case, contact Tampa auto accident
lawyer Dale Appell, P.A. for a free initial consultation.
Our law firm has been in the area for decades and we serve
all surrounding counties and neighborhoods including Clearwater,
St Petersburg, Sun City Center, Lutz, Town & Country,
and Ybor.
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