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This is what Perl spoke up against
Causation

This is what Perl spoke up against

By Jason Tenenbaum 8 min read

Key Takeaway

Court ruling demonstrates how failure to report injuries or seek immediate medical treatment can undermine causation claims in personal injury cases.

Establishing Causation in Personal Injury Cases: The Critical Importance of Immediate Action

In personal injury litigation, proving that an accident directly caused your injuries is fundamental to any successful claim. Courts scrutinize not just the medical evidence, but also the plaintiff’s actions immediately following an incident. The timing of when injuries are reported and when medical treatment is sought can significantly impact a case’s viability.

This principle becomes particularly important in motor vehicle accidents, where causation defenses are commonly raised by defendants and insurance companies. When plaintiffs fail to document their injuries promptly or delay seeking medical care, it can break the chain of causation that courts require to establish liability.

The legal system expects consistency between a plaintiff’s claimed injuries and their immediate post-accident behavior. Delays in reporting or treatment often suggest that injuries may have developed later or were caused by intervening factors, making it difficult to prove they resulted directly from the accident in question.

Jason Tenenbaum’s Analysis:

Lee v Rodriguez, 2017 NY Slip Op 03869 (1st Dept. 2017)

“They also submitted evidence that plaintiffs neither reported any injury to the police immediately after the motor vehicle accident nor sought any medical treatment shortly after the accident, indicating that their claimed injuries were not causally related to the accident”

I cannot say much more.

Key Takeaway

The Lee v Rodriguez decision illustrates how courts view immediate post-accident behavior as crucial evidence in establishing causation. Contemporaneous records and prompt medical attention serve as vital proof that injuries were directly caused by the accident, rather than developing from other sources or pre-existing conditions.

Filed under: Causation
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

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