Medical Causation Often Overlooked in Personal Injury Claims
No matter the type of personal injury - automobile accident claim, worker’s compensation claim, longshoreman’s claim, slip and fall claim, or product liability claim - an often overlooked legal issue is medical causation. In any personal injury case, the burden is on the injured person to establish the incident/accident caused or was the contributing cause of the injury. Said another way, proof that an injury “could have” or “possibly” resulted from an incident/accident does not meet an injured’s legal burden. Instead, it is necessary the evidence reflect that the injury “more than likely” or “ to a reasonable degree of medical certainty” resulted from the incident/accident. While typically this “test” requires the testimony of a doctor, the courts often look at the full context of all the lay and expert witnesses’ testimony before determining whether the injured person has met his/her burden. This said, in a majority of personal injury cases in the southeast, testimony from the injured’s treating physician is often sought to satisfy the medical causation “test.” As a consequence, it is important, if not critical, for the injured person to be patient and forthright with his/her treating physician. Additionally, it is important to explain the mechanism of injury to the doctor early on so that the provider’s records provide a date certain the incident/accident causing the injury occurred.
Get in Touch- Contact Us abotu Your Case
Feel free to browse our available resources for auto crash, personal injury, homeowner, business loss, life insurance and pharmaceutical and medical device practice areas.