Causation

Causation is what almost every personal injury case is defended on now.  This in simple terms is just that you cannot show that the injuries were directly caused by the negligence of the Defendant.  Most defense attorneys will take the position that even if their client is liable for the injuries, the injuries were either pre-existing or alternatively aggravated by something that occurred after the negligence.  This is one area that the need for experts is incredibly important as without proving causation, a claim for negligence fails.