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Determining Causation

By July 22, 2017January 25th, 2024No Comments

When a person is involved in an accident, that person that was injured must show by a preponderance of the evidence that the subject incident was the cause of the victim’s injuries and damages. In other words, the burden of proof is on the injured victim to prove the accident caused the injury. For example, if a person was rear ended in a car collision and claims neck and/or back injuries, it is well understood that such injuries occur in and are “caused” by such collisions. In fact, such injuries are so common in rear end car collisions that most of us are well aware of the common term “whiplash injury” given to such injuries. In such cases, proving causation is usually not very difficult. A good way to think of it is using the “but for” technique. For example, Isabel would not have back issues but for Walmart not cleaning up a water spill.

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