Causation in Injury Claims. After submitting a claim and receiving an ‘admission of fault’; to a Claimant the next step in the claim process is to quantify their claim and receive a settlement. It can, therefore, be somewhat confusing when a Defendant raises the issue of causation. An explanation of ‘they have admitted they were negligent, however, they deny that your injury and loss was as a result of their negligence’ can be difficult to comprehend.
One of the most common discussions I engage with my clients is that of causation. For legal professionals dealing with injury claims daily, it is a relatively simple concept. However, for many clients, it is the first time that they have encountered this phrase, especially in a legal context.
The ’Burden’ of Proof
In a nutshell, we simply have to prove that any injury and loss incurred has been ‘caused by’ the negligent act of the Defendant. Simple right? Not always.
As a starting point, when looking at causation we consider the ‘but for’ test. But for the breach of duty by the Defendant would the Claimant have suffered the loss and damage? If this cannot be established, then the claim is not likely to succeed.
Causation Issues can arise when medical attention has not been sought promptly when the Claimant already has preexisting medical conditions or injuries or when the incident itself has not been reported. This is not an exhaustive list however it gives us an idea of the problems which can be encountered.
Preexisting condition
If a Claimant is already suffering from a preexisting condition or is recovering from an injury when an accident occurs, then this can cause complications. This does not mean that a claim cannot succeed, however, it will be required to prove that any condition has been made worse as a result of the new injury.
A Defendant in this circumstance will be looking for inconsistencies in evidence and may challenge the injury on the basis that symptoms were present prior to any negligence.
It is therefore important to ensure prompt medical advice is sought. Any increase in medication or the requirement for treatment should be logged and any evidence obtained should be retained. Expert evidence will be required to establish any link between the accident and the new or increased symptoms.
Prompt reporting and medical attention
An especially common issue that arises in accident claims occurs when a Claimant has an accident but fails to report the accident or their injuries for a period of time. Without a contemporaneous report of the accident, it is easy for the Defendant to challenge a claim.
By reporting the accident as soon as possible there will be an evidential log which will assist in proving the accident occurred. Similarly, when seeking medical attention this should be done as soon as possible. If injuries are not recorded in medical notes for a period of weeks after the accident occurred then it makes proving they occurred as a result of the accident difficult.
Often a Claimant will seek advice from their GP and may focus on the main area of concern. For example, if you fall over an abandoned box in a supermarket and injure your arm, leg, and face, with the facial injury being the most painful and obvious injury it is easy to only refer to this when talking to your GP/medical practitioner. However, it will follow that only this area of injury will be recorded. When it then comes to submitting your claim problems may be encountered when claiming for all 3 areas of injury.
As you can see proving causation may not be as straightforward as it seems, however as explained above there are simple, logical steps that can be taken right from the start to make pursuing a claim a little less complicated.
Kelly Prydderch – October 2023
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