What does “Causation” mean in a Personal Injury Claim?

There are many stages that a claim has to satisfy before the claim is successful. One of these stages is known as causation; but what is causation? Causation is a term used by people in the legal profession to describe whether the accident could have CAUSED the injury.

Often, the fault in the accident is not in dispute –  it is the question ‘has the injury been caused by the accident?’ that is in dispute.  The other driver in an accident may admit to causing the damage to your car, but raise an issue with the personal injury element, arguing the damage couldn’t have CAUSED the injury.

The Defendant’s Insurers tend to raise causation when they believe the impact to the vehicle was so light that it could not have caused injury.  However, legally it is for the Claimant to prove his case. The Claimant needs to prove he was injured if, for the example, the accident happened at a low speed and there was little damage to the cars.

The question therefore is, how do you prove to the Defendant insurers that you are injured? There are several ways to do this.  One of the main ways to overcome causation is your Solicitor showing that you must have been injured because after the accident you went to the GP/hospital. Seeking medical attention will help with your pain management but will also help show that after the accident you were injured.  We advise that you continue visiting the GP if you still are experiencing pain 2 months after the accident.

Another way in which your Solicitor can show that you were injured after the accident is by keeping prescription receipts. If you used medication as a form of pain relief then you are confirming that you were injured and that the accident did CAUSE you an injury.

At Nayyars, we would send you to see a medical expert who is experienced in dealing with individuals who have suffered from a road traffic accident. They will consider the extent of your injury and would advise the time it will take for a complete recovery. This report therefore will assist in confirming that you were injured as a result of the accident and will be sent over to the Defendant’s Insurer’s to review and evaluate.

The Defendant’s Insurers tend to be satisfied that causation is no longer an issue if the Claimant can provide on the evidence that despite the accident being a minor one the Claimant was injured.

If you have been involved in a low impact collision then Nayyars Solicitors are experts in making claims where the extent of the injury is disputed. Tactically and technically we know how to get results in these cases. Contact one of our Personal Injury Team today.

Iqra Tahir

Paralegal                                                                                                                                                                                

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