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I was reviewing some old files last month when I came across portions of a case that I handled in the 1980s. Actually, the case was begun by another attorney who went on to achieve major success in a field related to law, but not in the practice of law. That attorney started handling this very serious injury matter in which the plaintiff lost her baby.
The problem with the way my predecessor approached the case ‘ and based on his enormous success I would hesitate to call him a slouch ‘ is that he spent considerable time researching the value of the loss of a fetus. His work consumed two boxes. Unfortunately, he spent very little time on developing the causal link between the injury and the resulting loss of the child. Obviously that would have had to have been done through the appropriate medical expert. Causality is an essential element of proof in any personal injury case. In other words, negligence can be established but without the connection of the negligence to the injury the case will be lost.
Causality is the second question given to a jury. It follows the negligence or breach of warranty count. Not only must causality be established where liability is concerned ‘ that is, linking the event to the foreseeable risks ‘ it must also be established in connecting the injured party’s damages. Causality is so crucial that lawyers will be very conscious of how a judge will describe this second question in the special verdict form. Will it be a substantial contributing cause or something of that nature?
Causality is diminished or ignored at the personal injury attorney’s peril
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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