What is Causation and What Does It Mean?
First of all we need to understand what causation is and how it relates to a personal injury case. If there is an accident it is the job of your Syracuse personal injury attorney to “connect” your injury to the accident. It might seem like an easy thing to do but the insurance company’s attorney is going to work to prove your injury is from a previous injury and not connected to the accident. This process is called “causation.”
To receive any sort of compensation in a personal injury case, causation will need to be demonstrated. Often proving that an injury happened due to the negligent actions of others is not always an easy process. It may be argued that the injured person is suffering from a pre-existing injury, and that the accident is not responsible for causing or aggravating this condition. The argument could be made that the injury was actually the fault of someone else rather than the person being sued as part of the lawsuit.
While this is a simplification scenario it gets across the course of events that will take place when you are in an accident. Even if both parties agree there was an accident it is not always a cut and dry case. Insurance companies win these cases because they disprove any injury was caused by the accident.
In a Syracuse personal injury case, the insurance company looks at the accident report. If the report says that there has been no injury sustained, then that is a flag for them. It all comes down to how things are documented from the accident scene, the hospital, etc. Internal injuries are not visible so at an accident it can be difficult to see and document. If someone is bleeding from their head or limb it is obvious what the injury is and it can be document. Internal injuries can be missed at an accident and the law enforcement officer, who is often first on the scene, may not take note or notice any internal injuries.
Causation: The Role of the Experienced Syracuse Personal Injury Attorney
As in all personal injury cases we see at our Syracuse law offices, there must be evidence presented that the injury the claimant is suffering from and the damages claimed were caused by the actions of a negligent party. Causation can be a particularly difficult issue when it comes to making claims for compensation in a personal injury case. The injuries are not always readily observable or if it arises from an accident involving minor property damage. It is very important to talk to an experienced Syracuse personal injury attorney as soon as possible if you are injured in an accident. They will have the experience needed to help navigate and explain this thing appropriately. They know what the insurance companies are going to look for and they can prepare a case to support the events and injuries that have taken place.
Syracuse Personal Injury Lawyers
At McMahon, Kublick & Smith, our experienced Syracuse personal injury lawyers can help you at every step of your personal injury case to make sure that you fully understand your case, and to help you get the compensation to which you are entitled. For more information on how we can help you and a free case evaluation, contact the veteran Syracuse personal injury attorneys at McMahon, Kublick & Smith at (315) 424-1105 or by email.