What is the test for establishing causation in a personal injury action?

California, United States of America


The following excerpt is from Esparza v. Pultegroup, Inc., D063736, D064278 (Cal. App. 2015):

"The law is well settled that in a personal injury action causation must be proven within a reasonable medical probability based upon competent expert testimony. Mere possibility alone is insufficient to establish a prima facie case. [Citations.] That there is a distinction between a reasonable medical 'probability' and a medical 'possibility' needs little discussion. There can be many possible 'causes,' indeed, an infinite number of circumstances which can produce an injury or disease. A possible cause only becomes 'probable' when, in the absence of other reasonable causal explanations, it becomes more likely than not that the injury was a result of its action. This is the outer limit of inference upon which an issue may be submitted to the jury." (Jones v. Ortho Pharmaceutical Corp. (1985) 163 Cal.App.3d 396, 402-403.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What is the test for establishing causation in a personal injury action? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
What is the test for establishing causation in a personal injury action? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
Is a tort action for bad faith and fair dealing an action for personal injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.