Causation Of Injury In Personal Injury Cases

When you are injured by no fault of your own, your personal injury attorney will usually submit a demand for compensation for the damages, or if the claim is denied or the offer for compensation too low, a complaint may be filed with the local Court. One of insurance's common defenses to these claims is that there is no causal link between the accident you claim caused the injury and the actual injury being treated. 

   A good example of this issue is pre-existing back problems. Maybe an individual has had disc or other issues for many years, and most recently, they were involved in an automobile collision that was no fault of their own. After visiting their physician and undergoing various treatments and stacking medical bills, the negligent party's adjuster may look at the claim for damages and determine that there is at least questionable causal link between the accident and the current injury. This could lead an adjuster to deny payment of damages, or offer a very unfair settlement offer in hopes that they can save some money. 

   Even if a similar injury existed prior to the negligent incident, the injured individual still may very well be entitled to recover for aggravation and treatment of the pre existing condition. Causation in these cases needs to be shown in order to have a successful personal injury claim or lawsuit. If the injured party can offer some evidence of the negligence in question likely leading to the injury or aggravation of injury requiring treatment, then a court should allow a jury to decide the fact of causation. Often times experts such as doctors are very useful for this purpose. 

   If you've been injured by someone's negligent actions, and you've experienced aggravation of old conditions or new injuries altogether, make sure you are organized and ready to prove each element of you personal injury claim.  As always, never make any statements to insurance, and call an Asheville personal injury lawyer today!

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