After a serious accident caused by negligence in Dallas, Texas, injured victims could be entitled to seek compensation from the at-fault individual. To collect money damages in a personal injury claim, victims will need to prove causation by the other party. Causation is an essential element in a negligence case. Without it, there can be no finding of liability and financial award.
Since causation is so pivotal in a Texas personal injury case, it is often the most highly contested element in a negligence claim. If you are pursuing damages after an accident, you will most likely need skilled legal help to prove causation.
What is Causation?
After an accident, an injured victim can face physical pain, emotional anguish, and financial hardships as a result. It is only fair to obtain financial compensation from the at-fault party responsible for the accident. However, the personal injury claimant will first need to prove the elements of negligence, including causation.
After a car accident, for example, it is not enough merely to show that another driver was involved. You will need to prove that the other driver was more at fault than you were, and their actions caused the accident. If multiple vehicles are involved in an accident, it can be harder to prove causation by just one driver.
Causation can be a complicated legal issue, but ultimately involves two simple questions:
- Did the defendant’s action (or a failure to act) cause a specific outcome that should have been foreseeable?
- Would the accident victim have avoided injury if the defendant had acted differently?
The causation issue includes questions of “direct cause” and “proximate cause” when negligence is claimed.
Direct Cause
Direct cause is also known as “cause in fact.” This involves the basic events causing an injury. If a person slips and falls on an unattended spill in a hallway, the puddle is what caused the fall. Here, the cause in fact would be clear. However, a personal injury plaintiff would still need to prove proximate cause.
Proximate Cause
Proximate cause refers to whether an injury was foreseeable based on the defendant’s conduct. For example, if a driver runs a red light, it is foreseeable that another driver can be hit and injured. On the other hand, if a driver causes a car accident and a pedestrian two blocks away suffers a medical episode due to fright from hearing the crash, that injury would be far less foreseeable.
How Do I Prove Negligence in a Personal Injury Claim?
Most personal injury cases are based on the legal theory of negligence. Negligence is when a person, business, or other entity does not use reasonable caution to avoid accidents and thus causes harm.
Four elements must be proven in a negligence case:
- Duty: We all owe certain duties of care to others, depending on the circumstances. Drivers owe duties to drive safely and follow traffic laws. Store owners owe duties to keep their shops free from hazards to visitors on the premises.
- Breach of duty: When someone does not use the caution and care expected of them in a situation, they can be found in breach of their duty to others.
- Causation: Plaintiffs must prove both direct and proximate cause between a defendant’s actions and the resulting injuries. There must be a clear line of causation and no intervening factors that caused the accident instead.
- Damages: Actual damages such as injury, medical bills, property damage, lost wages due to the accident, and other costs can help prove the final element of a negligence claim.
All four of these elements must be proven in a negligence claim, although causation is often where much of the argument happens.
How Do I Prove Causation in a Personal Injury Claim?
Generally, legal causation can be proven in two different ways: the “but for” test and the “substantial factor” method.
But For Test
Using the “but for” test, a court examines whether the plaintiff’s injuries would have happened “but for” the defendant’s actions. If not for the defendant’s act or failure to act, would the plaintiff have still been injured regardless? If the answer is “yes,” causation can be disproven. If the answer is “no,” causation can be proven.
Substantial Factor Test
Under the “substantial factor” test, a court would ask if the defendant’s conduct was a substantial factor leading to the plaintiff’s injuries. An example of this would be a multi-vehicle accident where the injured victim was hit by the defendant, but other cars were involved as well. Was the defendant’s action the substantial factor causing the plaintiff’s injuries, or was it outweighed by other factors?
Causation is a highly debated aspect of any personal injury case. Many defendants will focus on this issue to avoid liability. An experienced personal injury lawyer will know how to collect and use evidence to your advantage when causation needs to be proven.
Contact Our Personal Injury Lawyers for a Free Consultation
If you’ve been injured in an accident and are struggling to prove who was at fault, our experienced Dallas personal injury lawyers ar Benton Accident & Injury Lawyers are here to help. We understand how crucial it is to establish causation in your case, and we know how to do it effectively. From gathering evidence to working with expert witnesses, we’ll build a strong claim on your behalf. Reach out today at (214) 556-8321 for a free, no-obligation consultation and let us help you fight for the compensation you deserve.