Go to navigation Go to content
Toll-Free: 888-717-4211
Phone: 860-445-8521
Bartinik Law Firm, PC

Bartinik Law Firm, PC

Call 860-445-8521
Toll Free 888-717-4211

Q
What is the third element of a negligence case in East Lyme, Connecticut.

A

Causation is one of the issues you must prove in your truck or car crash case.  Your damages must be caused by the negligence of the defendant in order to recover compensation.  This makes sense.  If the defendant did not cause you harm and if it was caused by some other problem, then it would be unfair to make the defendant pay for damages that were not the defendant’s fault.  You must prove that your injuries were caused by the truck or car crash.  For example, if you had a car crash 10 years earlier and suffered from back pain ever since, you will have to prove that your current back pain was caused from this car crash and not the car crash from 10 years earlier. 

In many truck and car crash cases, it is obvious that the defendant was negligent.  For example, in most cases when the defendant crashed into the rear of your car when you were stopped at a red light, the defendant will concede that it was their fault.  But many times they will raise the defense that although they agree that they were negligent, they don’t agree that their negligence actually caused the plaintiff’s injuries.  Since they can’t defend on negligence, they defendant on causation. 

While it may seem obvious whether or not a particular injury was caused by a truck or car crash, causation is disputed in many cases.  Causation might be disputed if (1) you have a pre-existing medical condition; (2) you have a second injury after the truck or car crash at issue; (3) you had a prior personal injury; (4) you have failed to follow your doctor’s advice in the treatment of your injuries for this case, or (5) you have received more medical care than the defendant believes is reasonable. 

Causation defenses are particularly effective because the defendant will appear to be reasonable in front of the jury by conceding their negligence, while the plaintiff can appear to be overreaching by claiming questionable injuries were caused by the defendant’s negligence.  If the plaintiff claims that all of the problems in their life are caused by the defendant’s negligence, then certainly they will appear to be overreaching.  The best course of action is to limit yourself to solid claims that you can positively prove were caused by the defendant’s conduct.  The plaintiff must be reasonable and cannot overreach. 

If you or anyone you know is seriously injured by in a car accident in East Lyme, Connecticut contact the car accident lawyers at The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT., 860 445 8521 or toll free at 888 717 4211.

 

Peter J. Bartinik, Jr.
Civil Trial Attorney, Practicing Law in Connecticut

Live Chat