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Causation: The Important Third Element in Personal Injury Law

The purpose of personal injury law is to help compensate people who have suffered injuries as a result of another party’s negligence. However, the law requires that the plaintiff prove several aspects in order to win a personal injury case. Successfully navigating personal injury cases often requires the help of reputed personal injury lawyers. Causation is one of the most important and often the most difficult aspects that the plaintiff must prove in a personal injury case. This article explores, in detail, the meaning of causation, its significance, and the two types of causation that must be proved.

Why Causation Matters

Imagine a situation where you get involved in a car accident, resulting in physical injuries and damage to your vehicle. While the other motorist may have been negligent, if your car had some damage or you had some injuries prior to the accident, proving that the current accident caused the injuries could be quite difficult. It is at this point that causation comes in. The question asked is: Did the defendant’s negligence cause the plaintiff’s injuries? There will be no basis for claiming compensation without establishing a connection between the plaintiff’s injuries and the defendant’s negligent actions. 

The Two Types of Causation

In a personal injury case, causation is not a single hurdle for the plaintiff; there are two types of causation that one has to prove. Here are their details: 

  1. Actual Cause: Also referred to as cause in effect, this is the straightforward form of causation, defining the cause-and-effect relationship between the plaintiff’s injury and the defendant’s negligence. Take the example of being injured after a slip and fall accident in a grocery store with a wet floor. To prove actual cause, one must demonstrate that the wet floor caused the slip and fall but not pre-existing injuries.
  2. Proximate Cause: Also referred to as legal cause, this type of causation extends beyond determining a direct cause.  The question of proximate cause pertains to whether the harm was an expected outcome of the defendant’s recklessness.  For example, if a driver runs a red light and triggers a chain reaction collision that involves five other cars at the back, the driver may not be held accountable for the injuries suffered by the fifth car. This is because the accident may be considered too remote a consequence of their initial action.
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Proving Causation

The plaintiff bears the burden of proof in a personal injury case. Therefore, the plaintiff must present evidence to convince the court that both types of causation are true. The type of evidence acceptable varies from one case to another. However, below are the common types of evidence that plaintiffs may use to support their claim in a personal injury case:

  1. Medical records: These document the nature and severity of the injuries sustained by the plaintiff. They are important in establishing a link between the injuries and the time of the accident. Therefore, immediately after an accident, one must prioritize seeking medical attention. This is not only important for their health, but also helps them to establish medical documentation. 
  2. Eye Witness Testimony: Individuals who witnessed the accident can provide crucial details regarding what happened leading to the accident. From such details, it is possible to establish how the defendants played a role in the accident.
  3. Expert Testimony: Accident reconstruction specialists may provide technical analysis of the events that transpired before the accident. Such analysis can support the plaintiff’s claim of causation.

Causation is an important aspect of a personal injury case and a key determinant of the case’s outcome. The credibility of the plaintiffs’ claim for compensation lies in their ability to prove that the defendant(s) caused their personal injuries or property damage. It is the responsibility of the plaintiff to prove both actual cause and proximate cause. Some of the key evidence that the plaintiff can use to prove causation includes medical records, expert testimony, and eyewitness testimony.

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About Lilach Bullock


Hi, I’m Lilach, a serial entrepreneur! I’ve spent the last 2 decades starting, building, running, and selling businesses in a range of niches. I’ve also used all that knowledge to help hundreds of business owners level up and scale their businesses beyond their beliefs and expectations.

I’ve written content for authority publications like Forbes, Huffington Post, Inc, Twitter, Social Media Examiner and 100’s other publications and my proudest achievement, won a Global Women Champions Award for outstanding contributions and leadership in business.

My biggest passion is sharing knowledge and actionable information with other business owners. I created this website to share my favorite tools, resources, events, tips, and tricks with entrepreneurs, solopreneurs, small business owners, and startups. Digital marketing knowledge should be accessible to all, so browse through and feel free to get in touch if you can’t find what you’re looking for!

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