One of the key components of any successful personal injury case is the ability to prove causation. This means that the person injured must have evidence to support the claim that the accused party caused the injury and is therefore legally responsible. There must be adequate evidence to distinguish the cause of the injury and show that the injury was not just a blameless accident or a common injury that couldn’t have been avoided.
Actual vs. Proximate Causation
Causation can be classified in a legal case as being either actual or proximate. Actual causation means that the accused party directly caused the injuries or damages. For example, if someone is hit by a car while legally crossing at a crosswalk, the driver directly caused injury to the pedestrian. This would be considered actual causation.
Proximate causation can be less clear and more difficult to prove than actual causation. In order to prove proximate causation, the injured party must be able to show that the accused, through some action or inaction, initiated a series of events that ultimately led to the person’s injuries or damages. For example, at a grocery store an employee spills a liquid on the store floor and fails to clean it up or post a sign to alert customers. A customer then steps on the liquid and, because his or her shoes got wet, slips on the tile, falls, and is injured. Although the employee did not directly cause the customer to slip, his or her negligence resulted in the injury and is considered proximate causation.
How a Lawyer Can Help
Proving causation in a personal injury case can be difficult, because there may be other potential causes that could have led to a person’s injuries or damages. A lawyer can look for evidence and help gather witnesses and expert witnesses, such as doctors and other medical professionals, who can testify to support your claim. A good personal injury lawyer will fight for your interests and do whatever he or she can to help prevent legally responsible parties from getting away with negligence.
If you have been injured and are considering taking legal action, contact an experienced personal injury lawyer who can help you prove causation and hold the appropriate parties accountable. Contact personal injury attorney Vic Feazell today at 877-948-4842.