You can file a comprehensive claim if you were in an accident or incident that left you hurt. The success of that claim depends on your ability to prove that the defendant's actions caused you harm. This article explains the proximate cause and how to prove causation in a personal injury claim.
Proving causation in personal injury cases can be quite tough to handle without the right legal support. Hiring a personal injury lawyer who understands causation can navigate the rules in your favor is beneficial after these accidents. Proving proximate cause is an essential part of personal injury cases.
Types of Causation to Consider
You must consider two things to convince the court that the defendant should be held accountable for the injury. These are the actual cause and proximate cause of the accident: the two types of causation. Sometimes, these two are the same, in which case the claim goes smoothly; other times, it is not as simple.
Actual Cause
Actual cause refers to the event that immediately and directly caused the accident. For example, while you were walking across a street, a car, which should have stopped at a red light, suddenly hit you at the intersection.
In this instance, the actual cause of the accident is the car moving when it was not supposed to be. After all, you would not have been hit had the car not moved into the intersection while walking.
Proximate Cause
Proximate cause, or legal cause, refers to the incident that sets the whole accident in motion. The proximate cause of an accident can sometimes be the actual cause, but not always.
Using the same example above, if the car moved into the intersection because a truck hit it from behind, it moved involuntarily. The truck is the proximate cause in this case because it failed to stop at the red light. The actual and proximate causes are different in this scenario.
Proving Causation in a Personal Injury Claim
It is up to the plaintiff to prove the defendant's actions caused their injury in a personal injury case. Below are the different methods used to determine if you can prove causation:
The Substantial Factor Test
This factor test determines the proximate cause; it considers whether or not the defendant's action majorly caused the injury. For example, a driver weaving in and out of traffic swerves into your lane and hits you. This bad driving habit was a substantial factor in the accident; you can prove the proximate cause.
Conversely, if the driver was driving recklessly because their phone alarm didn't go off and they were late, they cannot file a product liability claim against the phone company, even though the alarm failing to go off set the incident in motion.
The "But For" Test
This test considers whether or not the accident would have happened if the defendant was not negligent. Courts often use the "but for" test to determine an accident's actual cause or legal cause. The "but for" test can be problematic for plaintiffs in personal injury claims.
The defendant may be liable for the accident if it did not occur but for the defendant's action or inaction. However, if the incident had happened anyway, the court could not have found the defendant legally at fault.
This approach examines whether the accident would have occurred if not for the defendant’s negligence. Courts frequently use this method to determine legal responsibility. The challenge for plaintiffs is proving that the defendant’s actions directly led to the injury. If the incident would not have happened without the defendant’s conduct, they may be held accountable.
Conclusion
Proving causation in a personal injury case is a critical step in securing compensation. Understanding the difference between actual and proximate cause helps establish liability and strengthens your claim. Since courts rely on tests like the "but for" and substantial factor tests to determine causation, having a skilled personal injury lawyer can make a significant difference. Legal expertise ensures that the necessary evidence is gathered and presented effectively, increasing your chances of a successful outcome.
