Personal Injury in the most elaborate terms is an injury or damages sustained by a person or group of people due to the negligence of misconduct of someone else. In order to study the negligence, the most important thing that is examined is the causation. As the name suggests, causation is the actual cause of injury for which a plaintiff may knock the court’s doors for seeking justice in the form of compensation. Causation in fact is one of the major factors that are examined to come to a fair conclusion in a personal injury case. Reading this article, you will learn about causation in an injury case from an expert Personal Injury Lawyer in Cayuga.
Defining Causation
Personal Injury Lawyer in Cayuga understands that causation is the vital link or connection between a person’s conduct and another person’s injury. In other words, it is the cause of an injury suffered by an innocent plaintiff. On the other hand, sometimes, there is not just a single cause that resulted into an injury but many other factors too. So, in short, causation is an important factor in injury cases that can’t be ignored. Causation can be divided into two different types namely; Cause In Fact and Proximate Cause.
Cause In Fact
Personal Injury Lawyer in Cayuga knows that the cause in fact is the basic cause of an injury due to which an injury actually happened. Generally, this cause is examined by asking that if that cause would not have happened, was there any chance that the injury would have taken place? In case, the cause in fact is established, then the jury proceeds to check the proximate cause as well.
Proximate Cause
Proximate cause is just the opposite of cause in fact; wherein the jury examines whether the injury was foreseeable and could have been prevented. A major twist in this kind of causation is that here, even if the defendant was responsible for negligence; yet the injury could have been prevented and therefore, the defendant may not be held liable for the damages. Here, both the plaintiff’s and defendant’s actions are examined to discover the exact cause of the injury.
Standard Case Causation
While, discussing the causation factor with an experienced Personal Injury Lawyer in Cayuga, we came to know some other interesting things related to causation in a standard injury case. Experts believe that in any standard injury case, if the causation proves that defendant is liable for the plaintiff’s injuries; then the duty of care is also examined. If the duty is somehow breached by the defendant; then he or she is liable for paying the damages. On the other hand, in some cases like that of a strict liability cases, if the plaintiff is able to prove the causation of the injury is the intake or usage of a defected product; then the liability is at once established. For more information visit here: WPC Personal Injury Lawyer
Personal Injury Lawyer in Cayuga understands that causation is the vital link or connection between a person’s conduct and another person’s injury. In other words, it is the cause of an injury suffered by an innocent plaintiff. On the other hand, sometimes, there is not just a single cause that resulted into an injury but many other factors too. So, in short, causation is an important factor in injury cases that can’t be ignored. Causation can be divided into two different types namely; Cause In Fact and Proximate Cause.
Cause In Fact
Personal Injury Lawyer in Cayuga knows that the cause in fact is the basic cause of an injury due to which an injury actually happened. Generally, this cause is examined by asking that if that cause would not have happened, was there any chance that the injury would have taken place? In case, the cause in fact is established, then the jury proceeds to check the proximate cause as well.
Proximate Cause
Proximate cause is just the opposite of cause in fact; wherein the jury examines whether the injury was foreseeable and could have been prevented. A major twist in this kind of causation is that here, even if the defendant was responsible for negligence; yet the injury could have been prevented and therefore, the defendant may not be held liable for the damages. Here, both the plaintiff’s and defendant’s actions are examined to discover the exact cause of the injury.
Standard Case Causation
While, discussing the causation factor with an experienced Personal Injury Lawyer in Cayuga, we came to know some other interesting things related to causation in a standard injury case. Experts believe that in any standard injury case, if the causation proves that defendant is liable for the plaintiff’s injuries; then the duty of care is also examined. If the duty is somehow breached by the defendant; then he or she is liable for paying the damages. On the other hand, in some cases like that of a strict liability cases, if the plaintiff is able to prove the causation of the injury is the intake or usage of a defected product; then the liability is at once established. For more information visit here: WPC Personal Injury Lawyer
