Q: How do you fight concurrent causation in personal injury
urrently being sued for damages from a car accident. However, the plaintiff was involved in a separate accident two days later. Most of her diagnoses came after the second accident
A: I'm assuming you didn't have automobile liability insurance or you would have an attorney to represent you. Your attorney would call witnesses to testify to the extent of her injuries before and after the second accident.
Tim Akpinar and Charles M. Baron agree with this answer
A:
First, you should turn this over to your auto insurance company. They handle defense of the cases and pay any settlement or judgment.
Second, if you don't have insurance, you should hire an insurance defense attorney (likely by the hour) to help you defend the case. This likely won't be cheap, but will help you prevent missteps in the litigation and likely help you mitigate the amount of a judgment against you.
Third, the Plaintiff has "burden" to prove what injuries were caused by the wreck with you, but you can defend against this with competent medical experts. To defend against this issue your insurance company will have the Plaintiff, and his/her medical history, examined by a physician capable of rendering decisions about the extend to his/her injuries and what caused those injuries.
Charles M. Baron , Terrence H Thorgaard and Tim Akpinar agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
