Search Site
Menu

The Cart Before the Horse

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

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Choosing Feinberg & Alban was probably one of the best decisions I ever took. Robert Feinberg and Perry Feinberg are amazing in their professionalism as well as in compassion. Perry was the lead attorney for me. He was always responsive to any questi...

    Read more

    Raja Bhattacharyya

  • google
    5.0/5.0

    I would like to express my gratitude to Feinberg & Alban PC. They are great people and professionals. If you need an attorney these are your guys. Thank you so much! Tatiana

    Read more

    Tatiana Andreeva

  • google
    5.0/5.0

    It was unbelievable!! I got into a motorcycle accident didn’t remember a thing when I woke up I was in the hospital and very terrified I thought to myself I think I need a lawyer I started looking online and I came across this law firm let me tel...

    Read more

    Vin Loco

  • google
    5.0/5.0

    Colleen Santora helped immensely in every step along the way of my fight against the insurance company regarding my property damage and injuries sustained. I'm grateful and would recommend Colleen to anyone! Thanks

    Read more

    DatDude Lex

  • google
    5.0/5.0

    When I was in a car accident, my husband and I searched for a good injury lawyer to represent me After talking to several law firms, we found Feinberg & Alban. The moment we finished talking with Robert and Perry Feinberg, both my husband and I immed...

    Read more

    Jayashree Banerjee

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form