The assessment addresses both cause in fact and proximate cause, examining medical or technical causation evidence, alternative explanations, and the strength of expert support.
Causation frequently offers stronger defense ground than liability.
Alternative Names:
Causation Analysis|Causal Evaluation
Why it Matters?
Causation defenses frequently outperform liability defenses because they can succeed even where conduct was clearly deficient, and a jury willing to find negligence may not find that the negligence caused the claimed harm. Preexisting conditions, alternative exposures, and the natural progression of disease are the recurring theories. Investing in causation experts early frequently produces better return than developing marginal liability arguments.
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Related terms
Frequently asked questions
Why do causation defenses outperform liability defenses?
What are the recurring theories?
