In their personal injury case, the plaintiff must prove that the defendant was the cause of the plaintiff’s injury. If they plaintiff cannot prove this element of their negligence claim the plaintiff cannot recover under a negligence cause of action.
Many defendants attempt to claim that they are not responsible for a plaintiff’s damages because they were not the cause of the injury the plaintiff sustained.
Causation is divided into actual cause and proximate cause. This division often causes confusion for individuals who are involved in a personal injury case. If you find that you are confused about the difference between actual cause and proximate cause you should discuss your situation with a personal injury attorney.
Actual cause (cause in fact) means that the plaintiff has to prove that the defendant rather than another source actually caused the injury.
Courts often use this for test to determine if the plaintiff has proved that the defendant actually caused the plaintiff injury. Under this tests courts consider whether the plaintiff would have been injured regardless of the defendant’s actions.
This video provides some examples of actual cause.
The other category of causation is proximate cause here the courts determine whether the plaintiff’s harm was foreseeable to the defendant.
In order to avoid a defendant’s attempt to avoid liability, it is important for you to hire an experienced personal injury attorney.
The lawyers at Hutchison & Stoy have extensive experience in personal injury law. We can use this experience to help you prove that you are entitled to receive compensation for your injury.
We offer free case evaluations to individuals who are seeking out a personal injury attorney to represent them. During this evaluation we can answer any questions that you may have about what causation is and how we can help you in your personal injury case.