Proving causation or fault in a personal injury case, such as a car accident, is not as simple as it sounds. In Part 1 of our article series on car wrecks and personal injury law, we covered a lot of ground related to causation, but not everything. From the victim’s perspective, causation looks like the easiest part of the case. In reality, it can be the toughest part. Why? It’s directly linked to the amount of damages you receive according to personal injury law.
Who’s to Blame in a Car Accident?
Before we look at why proving causation is more difficult than it appears, let’s review some key points from Part 1 of this article.
According to Texas Transportation Code, two factors cause more than 88% of rear-end collisions in the United States. They are:
- Following another car too closely
- Inattentive driving habits
- Faulty breaks
By the same token, these two factors are direct violations of the aforementioned transportation code. They are punishable under the statutes related to negligence and personal injury law. The law is quite clear about what constitutes a violation, but the interpretation of that violation is what makes the burden of proof so hard to establish in these cases. After all, insurance companies and the defendant(s) are facing possible damages that encompass:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Impairment
- Pain and suffering
- Mental anguish
A verdict in the victim’s favor could result in hundreds of thousands of dollars being paid out over many years. When you look at it from that perspective, it is easier to see why the opposing counsel and insurance representatives fight so hard to disprove the cause of the injuries sustained.
What is Causation?
Causation is considered a separate component of personal injury law. A medical expert in conjunction with an experienced attorney is your best hope of proving the other party’s at fault for the accident and responsible for your injuries.
Insurance companies are notorious for finding ways to blame other sources for the injuries you sustained. That’s why getting a medical examination immediately following a traffic accident is so important, even if you walk away from the scene relatively unharmed.
It can take several days or weeks for injuries to present itself after an accident so it’s important you keep a close watch on yourself or your family member after an accident. It doesn’t matter if it just a minor rear-end collision at a traffic light or a high-speed head-on collision on the highway; injuries are injuries, and sometimes they can turn fatal if not taken care of. If the initial cause is not already noted, you give the other side all of the ammunition they need to discredit your personal injury law case.
Having a medical expert isn’t enough though. That expert needs to base his or her findings on scientific facts and have a solid, well-developed methodology to back up any supporting opinions. Since the opposing side will try to poke holes in your claim, it’s up to your attorney’s skill and the expert’s testimony to withstand alternative explanations and scrutiny.
Where can I Find an Experienced Personal Injury Attorney in the Texas Panhandle?
You need the services of an attorney who is able to look at personal injury law from all angles and seeking the counsel of one of the attorneys at Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas is your best bet.