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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The Importance of Gathering Evidence in a Personal Injury Lawsuit
When filing a personal injury lawsuit after an accident, gathering comprehensive evidence strengthens your position and can significantly impact your compensation. While collecting evidence might seem overwhelming, an experienced personal injury attorney can guide this process, ensuring no critical details are overlooked. Multiple expert opinions and diverse forms of evidence enhance your case and help establish the facts.
Key Types of Evidence and How Your Attorney Can Help
Photographs and Video Evidence
Visual documentation from cell phones or cameras often provides the clearest evidence of liability. These raw, unaltered records help insurance adjusters and attorneys understand what occurred during the incident. Your attorney will know what details need photographic documentation. The immediate accident damage provides only part of the story. Environmental conditions can impact liability significantly. Road conditions may have contributed to the incident. […]
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Chances of Winning a Wrongful Death Settlement
The sudden loss of a loved one can be emotionally and financially devastating, making a wrongful death lawsuit a viable option for many families. Understanding the legal process and the factors that can affect the chances of winning is crucial before proceeding with a claim.
Understanding the Chances of Winning a Wrongful Death Settlement
Many plaintiffs find that, depending on the circumstances of their case, there is a high likelihood that they will reach a settlement. Several factors can influence the chances of success in a wrongful death claim, including the strength of the evidence, the clarity of liability, and the presence of any contributing negligence. Additionally, the experience of your legal representation can significantly impact the outcome. Recent data indicates a more favorable outcomes for plaintiffs in wrongful death lawsuits in Pennsylvania.
A wrongful death attorney who is well-versed in wrongful death cases can help advocate for your rights, […]
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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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