Causation Issues and Expert Testimony

This chapter examines how the legal standard for establishing causation varies, depending on both the nature of the legal claim and the law of the relevant jurisdiction. Causation plays a central role in establishing the defendant's liability in negligence cases, including those that involve alleged malpractice by professionals. Plaintiffs bear the burden of proving negligence by a preponderance of evidence, that is, by showing that their allegations are more likely than not to be true. Special or consequential damages compensate the plaintiff for losses other than the value of the promised performance incurred as a result of the defendant's breach of contract. They differ from general damages in that they do not follow as a necessary consequence of the injury complained of, though they may in fact naturally flow from that injury.