The law rests the burden of prove for defendant’s involvement in an accident solely to the complainant. If you cannot link the defendant’s actions to the events that led to the accident, there is no settlement due to you.
As you can imagine, establishing causation is as cumbersome as it sounds. As such, you have to gather enough and admissible evidence in order to build a case worth of a decent settlement.
Your ability to gather and store eye-witnesses’ testimonies, videos, and photos of the accident will come in handy in your efforts to establish the defendant’s fault.
In this article, we will discuss different ways of proving causation in a personal injury claim. Furthermore, we will discuss the types of causation in a personal injury claim and how they affect the outcome of your case.
What are the Types of Causation in a Personal Injury Claim?
Causation in a personal injury lawsuit requires you to prove that the defendant’s doing or undoing caused your personal injuries. However, contributory laws may deny you compensation if it is established that you contributed to your personal injuries.
As such, it would be best to hire Michigan personal injury attorneys who clearly understand how contributory laws work. Additionally, your personal injury attorneys will help you prove causation during trial.
The two types of causation include:
- Causation in Fact
Causation in Fact is where the defendant’s actions or inactions directly causes your personal injuries. Your personal injury attorney will argue that you would not have sustained the injuries if it were not for the defendant’s negligence.
For example, you would not have sustained personal injuries if the driver had stopped at a pedestrian crossing point; the vehicle would not have run you over, avoiding your personal injuries.
- Proximate Causation
Proximate causation applies when the plaintiff is partially responsible for their personal injuries. As such, your personal injury attorney will try to prove that the defendant knew their conduct may cause foreseeable injuries.
Therefore, it would help to have compelling evidence such as a traffic surveillance video clip of the defendant running a red light, showing that the defendant was aware of their risky behavior.
What are the Basic Legal Elements in a Personal Injury Claim?
The fundamental theory behind a personal injury claim is that someone else’s negligence caused your injuries.
Essentially, a personal injury claim is a legal petition demanding for compensation for any losses and damages you have sustained from your personal injuries.
However, you have to prove that the defendant was responsible for your injuries before the court can award you any settlement. Hence, there are four basic legal elements you need to prove when establishing negligence:
- Duty of Care
When filing a petition for a personal injury claim, the court requires you to prove that the defendant owes you a duty of care.
For example, a driver at a pedestrian crossing owes you a duty of care; the driver needs to stop and give you sufficient time to cross the road.
- Breach of Duty
Once you have proved that the defendant owes you a duty of care, you need to show how they breached that duty.
For example, a vehicle may run you over if the driver fails to stop as you are crossing the road at a pedestrian crossing point. Failing to stop is the breach of duty in this case.
- Causation
Proving causation helps the court understand how the defendant’s breach of duty directly caused your personal injuries.
For example, the injuries sustained after a vehicle runs you over are as a result of the driver’s breach of duty; failing to stop at a pedestrian crossing point.
- Losses and Damages
The law requires you to prove that the personal injuries cost you damages and losses. In general, economic damages such as medical expenses, and non-economic damages like pain and suffering determine the settlement amount you will receive.
Thus, ensure you have properly documented medical bills and reports before filing a personal injury claim.
Proving the element of causation in a personal injury claim is very challenging. Primarily, you need to prove that the defendant’s actions are actually or proximately the cause of your damages. Unfortunately, your case may be dismissed if you are unable to successfully prove causation.
Conclusion
You need to successfully prove causation in a personal injury claim, otherwise you risk having your case dismissed. Thus, it would be best to get a reputable personal injury attorney help you handle all the legal aspects of you case.
