What is Causation?
Causation in simple terms is just the action or process of causing something to happen. In the legal realm, the term takes on more weight. As a legal concept, causation is the link between one party’s actions and another party’s injury or harm.
In many legal cases, a plaintiff needs to prove causation. They need to show that a defendant’s actions directly caused the plaintiff’s damages. In a negligence case, the plaintiff must demonstrate that their injury directly resulted from something that the defendant did or failed to do. In cases like that, it must also be shown that the defendant owed a certain duty to the plaintiff in the first place.
There are two distinct types of causation. Firstly, there is factual causation which establishes that a defendant is a cause of the chain of events that led to a plaintiff’s harm. Then there is proximate (or legal) causation, which allows for a defendant to be held legally responsible for a plaintiff’s harm as long as it was a direct, foreseeable result of the defendant’s actions. As long as there are no interfering causes that make a harm unforeseeable or somehow make a defendant’s actions more reasonable, a defendant who is found to be the main cause of a plaintiff’s damages is likely to be found liable to paying those damages in court.
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Can I Sue My Doctor for Medical Malpractice If I Contracted Sepsis?
If you were provided medical care and that care resulted in contracting sepsis, you may be able to sue your doctor for medical malpractice. However, your ability to file a medical malpractice lawsuit for sepsis depends on the specific details of your case. To have a medical malpractice claim, a healthcare professional must have deviated from the expected standard of care, leading to your illness or injury.
The medical malpractice lawyers at Munley Law can help you understand your legal options if you’ve become ill or injured after medical care.
Elements of a Medical Malpractice Case for Sepsis
Understanding the essential elements of a claim is key to successfully pursuing a lawsuit in medical malpractice cases like sepsis. In any personal injury case, the plaintiff must show four elements to prove that the medical professional or facility was responsible for the sepsis: duty of care, […]
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Suing a Neighbor for an Injury on Their Property
Property owners are responsible for keeping the property they invite others into safe. If they fail to clear the space of hazards and someone gets hurt, the injured person has the right to sue the negligent property owners responsible for their injuries.
If you or your loved one were injured on a neighbor’s property, you have the right to file a premises liability lawsuit against their insurance company. An experienced premises liability attorney at Munley Law will guide you through the claims process and help you recover fair compensation for your injuries and losses. Call today for a free consultation.
If I’ve Been Injured at My Neighbor’s Home, Can I Sue?
The short answer is, yes, you can sue if you were injured at your neighbor’s home. However, you must be able to prove the four elements of negligence to have a valid premises liability claim. […]
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Truck Accident Statistics You Need to Know
Since they’re large and often pack a lot of weight, truck crashes can be especially serious and result in devastating injuries. Some of the factors that contribute to truck accidents include:
- Poor truck braking capability results in taking 20-40% longer to stop and even more on wet or slippery roads
- Truck driver fatigue
- Weight of the trucks
In today’s consumer-driven market, manufacturers and businesses are under increased pressure to reduce delivery times. For this, the trucking industry has cemented itself as the most reliable delivery method of goods across the United States. With an estimated worth of nearly $800 billion, trucking is responsible for most overland freight in the U.S.
In this article, our truck accident lawyer provides an overview of the most important truck accident statistics in 2024.
Truck Accidents Cause Roughly 130,000 Injuries Each Year
A variety of factors – […]
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Can I Sue TikTok For My Child’s Injury After a TikTok Challenge?
In recent years, social media platforms like TikTok have become breeding grounds for viral challenges, some of which can be dangerous or even life-threatening. The platform’s rapid-fire content delivery, addictive nature, and algorithm-driven recommendations have created an environment where trends can spread like wildfire, often outpacing parental awareness and platform moderation efforts. As a parent, you may be increasingly concerned about the content your child is exposed to and potentially participating in. If the unthinkable happens and your child is injured while participating in a TikTok challenge, you may wonder about your legal options.
The Rise of Dangerous Social Media Challenges
Social media challenges have dramatically evolved from harmless fun to potentially deadly stunts. This transformation reflects the broader shifts in social media culture, where the quest for viral fame and digital approval can override common sense and safety concerns. Recent examples that have caused alarm among parents, […]
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Can Medical Malpractice Cause a Stroke?
Understanding Strokes: Types, Causes, Treatments, and Medical Malpractice
Strokes are critical medical emergencies that require swift and accurate treatment to avoid lasting damage. We will examine various stroke types, their causes, available treatments, and the impact of medical malpractice.
Types of Strokes
Delays in treatment can result in permanent disability or death. Stroke symptoms are not unique and can mimic other health issues, leading to potential misdiagnosis of stroke. Common signs of a stroke include:
- Weakness or numbness, particularly on one side of the body
- Paralysis
- Tingling in the arms or legs
- Sudden loss of leg strength
- Severe headache
- Loss of balance or coordination
- Slurred speech
- Inability to speak or understand speech
- Vision changes, such as blurred or double vision
- Dizziness
- Fainting
- Loss of vision
- Death
Strokes can vary in severity from mild to life-threatening, […]
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