Victims of personal injury, for example as a result of traffic accidents or industrial accidents, encounter the term ‘causal connection’ in the claims settlement. What exactly does this term mean? Why is this subject so important in personal injury settlements? Where can you find expert help in your personal injury case? We’ll explain it to you.
The causal link refers to the relationship between the victim’s injury and the event that caused the damage, such as a traffic accident, work accident or medical malpractice. It must be assessed whether the victim’s complaint is a direct result of the incident. Personal injury is only eligible for compensation insofar as it is a direct result of the accident and the victim can demonstrate this.
Why is causality important?
Unfortunately, in practice, causality often turns out to be a point of discussion. This is a common bottleneck in claims settlement, especially in the case of complaints that are difficult to objectify, such as whiplash. This is because the complaints are sometimes difficult to prove. For example, they cannot be seen on scans or X-rays. This also makes it difficult to objectively assess the cause of the complaint. If the liable insurer states that the complaint is not the result of the accident and that there are other possible causes, this may raise evidentiary problems for the victim to claim his or her personal injury.
How is the causal relationship proven?
To successfully demonstrate a causal connection between an accident and your complaints, you should call in a personal injury lawyer. The causal link can reasonably be made plausible as follows:
- The complaints must be real, not imagined or feigned or exaggerated
- The complaints did not exist before the accident
- There is no other statement about the source of the complaint
Where can I find expert help?
Personal injury cases in which the causal relationship is under discussion are difficult and complex cases, because legal-technical discussions often have to be held with liability insurers. It is therefore wise to hire a lawyer to assist you. Usually no costs are due for engaging a lawyer, because these costs also fall under the damage to be recovered and must therefore be reimbursed by the liable insurer.
Would you like to know more or would you like to discuss your personal injury case with us? Please feel free to contact us , non-committal.