While legalese can seem intimidating and difficult to understand, it serves an important purpose in the legal system. It ensures that legal documents are precise and accurate, leaving no room for confusion or ambiguity. Despite its complexity, lawyers are increasingly recognizing the importance of using plain language to make legal information more accessible to the public. This can help individuals better understand their legal rights and obligations and ultimately lead to greater access to justice.
Causation
Causation means the causing or producing of an event. Think of the “but for” rule: This result would not have happened but for this action. For instance, if Billy pushes Tommy into the road and Tommy is hit by a car, Tommy would not have been hit by a car but for Billy’s pushing him into the road. The causation of Tommy’s being hit was Billy’s pushing him. Plaintiffs must prove causation in personal injury cases. Many times, there can be more than one cause for an event.
Discovery Rule
The discovery rule provides that the statute of limitations on bringing a claim does not begin to run until the date on which a claimant actually discovers (or should have discovered) an injury or loss—rather than on the date when the wrongful act giving rise to the injury or loss took place. For instance, you might not know that a chemical is leeching into your water supply and slowly causing you cancer until a) your cancer is diagnosed and b) you learn about the chemical’s presence in your water. The discovery rule can prevent harsh results, like when, by the time a person figures out what caused an injury, the time to sue has passed. In some states there is no discovery rule. The outcome can mean harsh results for negligence victims.
Contact the Skinner Law Firm if you need help with a legal issue. We are happy to see if we are the right fit for your case and consultations are free. Contact us or call 304-725-7029.