Injury Causation
Explaining Colorado Law Injury Causation

The second element a plaintiff must show in order to make a valid claim is called "injury causation." This is the legal term which means the plaintiff must show and prove his or her injuries were caused by the accident.

In some cases, such as broken bones, the fact that an injury was caused by an accident is obvious. Not all cases are resolved this easily. In more complex situations, the defense will fiercely contest whether the plaintiff’s injuries were caused from an accident or some other circumstance.

For example, insurance companies often refer to previous medical conditions of the plaintiff. This is in an effort to show that an accident did not cause the subject any injury. Regarding your personal medical information, it is important to know that you have a right to privacy when it comes to your medical records and you do not have to, nor should you, sign blanket medical releases provided by an insurance company.

In order to further explain injury causation, consider the following example:

Assume the plaintiff, who is 60 years old, is rear-ended at a high rate of speed. After several months of physical therapy and chiropractic care, the plaintiff undergoes an MRI which shows a bulging disc in his back that will require surgery. The MRI also shows normal degenerative changes in his spine that occur in all of us over time. Assume also that the plaintiff had also seen a chiropractor three years before the accident due to a fall from a ladder but he had no symptoms in the two years before the accident.

In this type of case, the insurance company will typically argue that the plaintiff's injury was not caused by the accident. Rather, it was due to the "degenerative" changes in the plaintiff's back or even possibly caused by his prior fall. As you can imagine, there are many variations of the above scenario. This is a perfect example of a situation requiring experienced trial lawyers. Furthermore, it is important for us to become involved as quickly as possible when there are serious injuries caused by an accident.

Under Colorado law, a defendant is responsible for the harm he or she causes in aggravating a pre-existing injury. Also, it is not a defense to argue the plaintiff is particularity susceptible to a particular injury. In Colorado, as in most other states, the rule is: "take you plaintiff as you find him." Meaning, it does not matter if the plaintiff is easily injured or particularly susceptible to an injury.

Please contact the personal injury law firm of Fuicelli & Lee, PC for a free initial consultation. Let our experienced attorneys assist you in determining injury causation. Call or email us today. We take great pride in our commitment to our clients and look forward to helping you.