ARTICLE · 25 APRIL 2025

Revisiting the medical and non-medical tests for causation

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The test of causation in involves both medical and factual questions. Recent personal injury case discussed.

AustraliaLitigation, Mediation & Arbitration

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In Brief

The test of causation in involves both medical and factual questions.
Causation is established if an accident could have caused the alleged injury, from a medical perspective, and on the balance of probabilities did cause that injury, from a factual perspective.
Factual causation only requires material contribution rather than scientific certainty.

Facts

The Personal Injury Commission (PIC) published its decision in Witt v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 238 on 17 April 2025.

The Claimant was involved in a motor accident on 28 May 2023.

The original Medical Assessor determined the Claimant sustained soft tissue injuries to her cervical spine, thoracic spine and lumbar spine and a muscle strain to her groin, which are all threshold injuries for the purposes of the Act.

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