The Missing Link: When There are Problems Making the Connection Between a Car Accident and Your Injuries

Insurance companies do not give up easily. Even when it has clearly been proven that the driver they represent caused a car accident, they might still argue that they are not responsible. They might insist that your injuries were not caused by the car accident but by something else beyond the control of their client.

To you, it’s obvious that your injuries were caused by the accident. You lived through it. It may even be obvious to the defense team that your injuries resulted from the collision. But they will still try to do what they can to argue that legally, you haven’t proven the connection.

An attorney who is experienced and thorough will be prepared to make every causal connection necessary to recover compensation after a car accident. But not all attorneys are equally diligent or prepared. It is important to understand how to ensure that there are no missing links in your case and that the cause of your injuries is clearly demonstrated.

Proving that Another Person’s Irresponsible Actions Caused Your Injuries

In most cases, car accidents are just what the term implies. They are collisions that occur by accident rather than an intent to collide. When an accident victim seeks to recover compensation for injuries from a car accident, they need to prove that another person acted irresponsibly, and that the irresponsible actions caused the injuries. That is the essence of legal negligence.

The Four Elements of Negligence

Traditionally, an injured person must prove four elements to be able to receive damages for negligence:

1. Duty—The victim must prove that the person they are suing owed a duty toward them in some way. For instance a doctor owes a duty to treat patients according to accepted medical standards. Someone driving a car owes a duty to others on the road to follow the rules and pay attention to what they are doing.
2. Breach of duty—The victim must prove that the person they are suing breached the duty owed to them. In the case of a car accident, the victim needs to show how the other driver broke the rules or acted irresponsibly.
3. Causation—The victim must prove that the breach of duty is what caused the victim’s injuries. Usually, the most difficult part of the process is proving that the breach of duty caused the accident. But sometimes, it is necessary to make an extra effort to extend the chain of causation to show that the breach caused the accident and the accident caused the injuries. One way to look at the issue is to ask if the injuries would not have occurred but for the actions of the other driver.
4. Damages—The victim must prove they suffered actual harm, such as medically verifiable injuries or damage to their vehicle

Defense attorneys will make their best arguments to show that the victim has not established each of these four elements. They must be proven by a “preponderance of the evidence.” This is not as high of a standard as proving something beyond a reasonable doubt. When you need to prove something by a preponderance of the evidence, it means you need to establish that it was more likely than not.

Tactics Used by the Defense to Break the Causation Link Between Accident and Injuries

There are several different ways that insurance companies and defense teams will commonly argue that a plaintiff’s injuries are not the result of the accident. They often try to insist that an injury existed before the accident, particularly if the injury involves back pain. Defense teams may dig up “evidence” from social media posts or elsewhere claiming that you were hurt earlier and allege that you’re just using the accident as an excuse to collect damages.

They may also argue that you did something after the accident that caused your injuries. It is much easier for them to make this argument successfully when an accident victim waits a while before seeing a doctor. This is one reason it is important to get a full medical exam as soon as possible after an accident. The more time that elapses between the accident and the first doctor’s visit, the more chances they have to argue that other things led to your injuries. They might also argue that your injuries couldn’t be very serious or you would have seen a doctor much earlier.

Another tactic used to argue that the accident didn’t cause your injuries is to insist that you didn’t appear to be hurt at the time of the accident. They may have witness testimony that you didn’t act hurt. That can happen immediately after an accident because the adrenaline rushing through your veins can mask pain and other injury symptoms. Some of the most serious injuries, including traumatic brain injuries and damage to internal organs, are not immediately apparent and never really have visible symptoms.

For some injuries, the defense may argue that your pain is the result of degenerative changes in your body rather than the trauma from the accident. It is important to prepare and present medical evidence to refute any arguments made that try to establish doubt that your injuries resulted from the accident. If you had a preexisting injury or degenerative condition and the accident made it worse, then the defendant is liable for the additional harm caused by the accident.

Work with a Legal Team That Understands How to Present Medical Evidence Persuasively

When a car accident case hinges on the causation of injuries and there is a connection potentially missing between the collision and the harm alleged, the medical issues can become very complicated. It is important to work with a personal injury lawyer who is prepared to bring in the right expert testimony to show how the injuries resulted from the accident. In addition, your attorney will need to be able to explain how the medical records connect the injuries to the accident in a way that is persuasive to the court.

At Martin & Jones, we understand the medical issues as well as the legal issues, and we know how to build a strong case to recover compensation in all different types of circumstances. To talk to us about obtaining the maximum recovery after your car accident, call us at 800-662-1234  or contact us online today.