By Seth Anderson on July 16, 2021
There are four things that must be proven when pursuing compensation for injuries caused by someone else’s negligence, including duty of care, breach of duty of care, causation and the existence of damages.
Causation is one of the most difficult things to prove in a personal injury claim. It is often considered the central issue in a personal injury claim.
Our injury attorneys in Fort Worth understand the challenges of proving causation when pursuing compensation for your damages. We are prepared to help you through the complex process, all at no upfront cost to you.
Causation is something that produces an effect or result. There are two elements of causation:
Proving causation can be complex and the insurance company is likely to claim the accident would have occurred regardless of their insured’s actions, or that you have a preexisting condition that is causing your symptoms. Therefore, you should strongly consider hiring a knowledgeable attorney to help build a case to prove your injuries were caused by another person’s negligence.
There are several pieces of evidence that may be used to prove causation in your injury case:
The evidence your lawyer needs will depend on the specifics of your case. Sometimes the police report and some pictures from the scene are all that is necessary. Other times, video footage and testimony from expert witnesses may be needed to back up other evidence.
Evidence to prove your injuries may include:
One common tactic used by insurance companies to minimize claims is saying your injuries were caused by a preexisting condition. Insurers may make these claims when:
Fortunately, a preexisting condition does not bar you from recovering compensation. The eggshell skull doctrine says defendants must take the victim as they find him or her. You cannot be barred from recovering compensation just because you may have been more likely to get injured because of a preexisting condition.
Just as the insurance company may try to devalue your claim by saying your preexisting conditions contributed to your damages, they may also claim you bear partial fault to the accident.
Fortunately, Texas has a modified comparative negligence rule that allows injury victims who are partially at fault for an accident to still recover compensation. However, the compensation may be reduced by the percentage he or she is found at fault for an accident. For example, if your claim is worth $100,000 but you were found to be 10 percent at fault, you would only be eligible to recover $90,000.
The legal theory of causation may be more complex in some accident cases than others. Fortunately, our attorneys have over 50 years of combined legal experience.
Our attorneys have the resources and legal knowledge to build a strong case to help you pursue maximum compensation for your injuries. We offer a free consultation to discuss your claim, and we do not charge you any attorney fees unless we successfully recover compensation on your behalf.
No upfront fees. No risks. Call us today: (817) 920-9000.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
An injury can change everything in an instant. Routine tasks feel heavier, bills mount quickly, and families face uncertainty about the future. Many people ask the same question: what can be done when someone else’s careless or reckless conduct caused the harm? Knowing how...
learn more
Knowing how to file a personal injury claim without a lawyer begins with preparation and persistence. In Texas, the law allows you to seek compensation by gathering strong evidence, outlining your damages, and dealing directly with the insurance company. For smaller claims, handling the...
learn more
When a child under the age of 18 suffers an injury due to someone else’s negligence, he or she may have grounds for an injury claim. However, he or she cannot file a claim alone. These claims are usually filed by the child’s parent...
learn moreTell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a free evaluation of your case. If we can help, and you are unable to travel, we will come to your home, office, or hospital. It’s easy – let’s get started.
Email us anytime and we will get back to you.
Our attorneys will come to your home, office or hospital at your convenience.
Our team is ready and waiting to help you today.