When Must I Prove Medical Causation in Georgia and How

Causation is one of the four elements that must be proven in an injury case in order to get a judgment in an injury case in Georgia. Insurance defense lawyers will often attack the plaintiff’s ability to prove that the accident caused the specific injury.

Under Georgia law, “expert evidence is required where a ‘medical question’ involving truly specialized medical knowledge (rather than the sort of medical knowledge that is within common understanding and experience)” is needed to establish a causal link between the defendant’s conduct and the plaintiff’s injury. (Citation omitted; emphasis in original.) Cowart v. Widener, 287 Ga. 622, 622, 697 S.E.2d 779 (2010)

So for example, if you fractured a femur in a car accident, you would not need a medical doctor to testify that the crash caused it; it’s self-evident. However if you have post concussion syndrome or suffer from tinnitus, you would need a medical doctor to support the claim.