Every personal injury case revolves around someone else’s negligence, carelessness, or intentional wrongdoing. Proving that what they did was the direct cause of your injuries and suffering, however, is not as straightforward and easy as it might seem. For example, yes, you can easily show that you were in a car accident, but is what they did really the cause of it?
The link between an act and a consequence in personal injury law is called causation. No matter how devastating your injuries may be, receiving compensation could be very difficult if you are unable to prove causation.
“But For” Arguments
It is commonly agreed upon that most accidents, slight and major, could be avoided with enough foresight and carefulness. It is only when negligence and human error come into play that people start to get needlessly injured. A “but for” argument points out this truth and uses it to prove causation.
For example, you might have suffered broken bones in a car accident caused by an intoxicated driver while you were heading home from work. Your “but for” argument would likely be, “I would have gotten home safely but for the drunk driving of the negligent party.”
Backing up your “but for” argument with solid evidence is critically important as well. Medical records, photographs, eyewitness statements – whatever you can get your hands on – should be used to your benefit when appropriate. Before you submit anything as evidence, however, be sure to go over it with your personal injury lawyer. As innocuous as some items might seem, they could be construed to be used against you, such as an inaccurate testimonial from another driver who says he saw you on the cell phone just prior to the accident.
If you need to start constructing your claim with confidence, you can rely on me, Atlanta personal injury attorney K. Douglas Cook. To make things easier for my clients, I offer free initial consultations and I work for contingency fees – meaning you don’t pay me unless I win a fair settlement for your case. Why not call (678) 974-0432 today and discover all that 20+ years of legal and trial experience can do for you?