It is critical to prove causation in a personal injury case. Without it, you are just a person with an injury. Causation shows that your injuries are someone else’s fault and that you deserve financial compensation known as damages from that person.
If you suffered an injury because of another person’s careless or reckless behavior, you may be entitled to damages for medical expenses, lost wages, and more. While you can pursue damages on your own, proving causation in an injury case can be tricky. You may find it easier to work with a personal injury lawyer who has experience handling similar cases.
What Is Causation?
Causation is one of four elements in a personal injury case. To make a valid case for personal injury, it is not enough to show that you were hurt. You must show that:
- The person who injured you owed you a duty of care, which is a responsibility to not place you at risk of harm. For example, drivers have an obligation to follow traffic laws and property owners have an obligation to clear their sidewalks of snow and ice.
- The person who injured you violated the duty of care. Examples of a violation include drivers who speed or property owners who fail to shovel their sidewalks.
- By violating the duty of care, the person directly caused your injuries. Speeding that leads to a car collision or an icy sidewalk that causes someone to fall are examples of causation.
- The injuries must result in damages, which are losses that can be compensated financially.
You must demonstrate that your case includes all four elements to take legal action against the party that caused your injuries.
How to Prove Causation in a Personal Injury Case
Our lawyers can investigate what happened and gather evidence to prove causation in your personal injury case. We will use this evidence to demonstrate that the outside party’s negligent behavior caused the incident that led to your injuries. We may use evidence such as:
- Pictures of the scene
- Interviews with eyewitnesses
- Police reports
- Traffic camera footage
- Cell phone records
- Toxicology reports
- Medical records
Damages Available in a Personal Injury Case
The damages available to you depend on the extent of your injuries and the losses you experience. You may be able to recover damages for:
- Medical expenses such as ambulance bills, emergency treatment, diagnostic imaging, surgeries, follow-up care, rehabilitative therapies, prescription medication, medical equipment, and more
- Lost wages if you must take unpaid time off work while you recover or if you cannot return to your previous occupation
- Pain and suffering if you become permanently disabled or disfigured, experience mental anguish, lose the ability to enjoy previous hobbies or activities, or otherwise experience a reduced quality of life
Our lawyers will evaluate your losses and use evidence such as medical bills and records, pictures of your injuries, past wage statements, and more to estimate how much your case is worth.
Why Should You Work with a Personal Injury Lawyer?
You can represent yourself in an injury case, but a personal injury lawyer offers knowledge and experience that can make the process easier and less stressful for you. Our lawyers can help you seek all the damages that may be available to you and can maximize your recovery.
He can take over all legal and insurance aspects of your case so that you can focus on recuperating from your injuries.
Our lawyer will:
- Investigate your case: We will collect evidence proving causation of your injuries by the other party.
- Handle insurance matters: We will take over all communication with the at-fault party’s insurer, file an insurance claim on your behalf, and submit supporting documents.
- Negotiate a settlement: We will negotiate a settlement that provides you with fair compensation for your losses.
- File a lawsuit on your behalf: While settling is often quicker and easier for both parties, it may not always bring you the resolution you desire. We can take your case to trial if that’s what it takes to recover damages.
File Your Personal Injury Lawsuit Before the New York Deadline
In general, the statute of limitations for personal injury is set at three years, according to CPLR § 214. CPLR § 214-A establishes the statute of limitations for medical malpractice at two years and six months.
However, there can be exceptions to these time limits. Our lawyers will work with you to determine how the law applies to your case and ensure that you meet important legal deadlines.
Client Testimonials
Our lawyers work hard every day to advocate for people who suffered harm because of other people’s careless behavior. We can never guarantee results, but we do our best to achieve a positive outcome for our clients. Here are some of our client testimonials:
- Michael J. : “The staff at Rosenberg & Gluck are amazing! They helped to guide me through the process and kept me informed every step of the way. They delivered on their promise of getting me the best possible outcome for my case and I couldn’t be happier. I would recommend them to anyone I know who has been involved in any type of accident.”
- Frank T.: “I was injured in an accident and didn’t know what to do. Rosenberg & Gluck got me a substantial settlement.”
- Steve G.: “I want to thank Rosenberg & Gluck and Staff For the way they handled my case. Everything went just as they said it would. They are very good at what they do and they are honest. I highly recommend them.”
Rosenberg & Gluck, L.L.P. Can Represent You in a Personal Injury Case
If you sustained an injury because of an outside party’s negligence, you may be able to recover damages for medical care, lost wages, and pain and suffering. Our lawyers may be able to help you prove causation and recover damages.
Call Rosenberg & Gluck, L.L.P. today at (631) 994-1910 today for a free case consultation. We assist clients in Spanish, too. Our team works on contingency, so you pay nothing unless we win.
