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.
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.
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