Personal Injury Attorney: Successful Injury Case

What Makes a Successful Injury Case?

The information provided in the following articles is for information purposes only. If you feel you have a personal injury case, please contact us for a FREE case evaluation.

Injury cases generally fall under the main umbrella of laws called Torts, which is divided into sections such as negligence, intentional torts, and strict liability. Accidents, whether it is a car accident, bus accident, motorcycle accident, pedestrian accident or construction site accident, generally fall under negligence. Slip and fall cases generally fall under negligence. Dog bite and food poisoning cases generally fall under both negligence and strict liability.

One main element shared by all these type of cases is 'causation.' This means that in order to be successful, an injured party must be able to link the injury causing event to the injury, e.g. link the car accident to the injured party's back pain. Defendants often argue causation in an effort to attack an injured party's case. For example, they will argue pre-existing conditions and/or that the injured party is hurting because of degenerative changes (as we get older, our bodies start to degenerate at different paces).

Causation also plays a part in the liability portion of a case. Consider a drunk driver who gets into an accident. Is he or she automatically at fault for the accident? Not necessarily. Consider these examples:

(1) Driver A (drunk) is stopped at a red light when Driver B comes along and rear-end him. Now, the drunk driver is violating driving laws by driving under the influence and will probably be arrested for it, but his status as a drunk driver did not cause the accident.

(2) the accident occurs at an intersection and Driver A (drunk) and Driver B (sober) claim that the other driver ran a red light. This is a 'he said v. she said' scenario, which often comes down to the credibility of the parties. Because Driver A was drunk at the time, liability tends to sway in favor of Driver B as the more credible witness. Of course, if there is a camera at the intersection and Driver B is caught running the red light, then Driver A may get off the hook for the accident.

(3) Driver B is stopped at a red light when Driver A (drunk) crosses over to the opposite side of the road in the middle of the intersection and crashes into him. Driver A caused the accident and his status as a drunk driver contributed to the accident.

So, causation is very important in a successful injury case. This article is for educational purposes only and is not meant to serve as legal advice.

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