CAUSATION – LAW 101
Hello, I’m attorney Kyle Bachus. The legal world is full of overly complicated jargon and terminology that can be intimidating if you don’t know what it means. In my law 101 video series, I’m breaking down some commonly used legal terms so you can be informed and confident should you ever need to take legal action.
In this episode of law 101, we’re going to break down the term legal causation.
This is important because, in some of our other videos, we talked about the tort of negligence, and we talked about the burden of proof. In order to be able to demonstrate that the tort of negligence has been committed, as discussed in some of our other videos, you have to be able to demonstrate that the unreasonable conduct of the person who you’re bringing a claim against actually caused the injuries that you are trying to recover for. This may seem simple, but in many cases, it’s not a simple concept.
And that’s because, let’s say that somebody is involved in an injury, but they already had a pre-existing low back problem. And let’s say that in the injury caused by this alleged tort, that the injuries to the same body part, it’s to that low back, or at least one component is. Under the law, we’re only able to recover for what we can prove to our burden of proof was caused by the actions of the person we’re bringing a claim against. And so we have to get into issues of apportionment with the treating doctor.
We have to look at what was the person suffering from before, how is it different after the event or collision that we’re bringing a claim for. And so if we’re unable to demonstrate causation, there is no case. It’s a very important principle.
And if you are involved in an event that is caused by somebody else’s unreasonable conduct, and you suffer an injury, and you have questions about this causation component and whether you have the information, the proof to demonstrate what additional injury was actually caused by the at-fault person’s conduct, we’re happy to talk to you about that at Bachus & Schanker. To learn more about other law topics that can help you feel informed and confident about the law, make sure to check out more videos in this series.