In personal injury law, one of the most fundamental elements of any case is proving causation. But what does “causation” really mean? Why is it so important in determining whether you can receive compensation for your injuries? This article will fill you in on what you need to know.
Causation, in the context of personal injury law, refers to the need to prove that the defendant’s actions (or inactions) directly led to the injury or harm you suffered. It answers the question: “Did the defendant’s conduct cause the injury, or was it something else?”
In order to win a personal injury case in Texas, you must demonstrate that the defendant’s actions were the direct cause of your injuries. In simple terms, without causation, you cannot recover damages.
In Texas, proving causation involves two distinct concepts: cause in fact and proximate cause.
This is often referred to as “but-for causation.” It asks whether the injury would have occurred “but for” the defendant’s actions. If the answer is no, then the defendant’s actions are considered to have been the cause in fact of the injury.
For example, if a driver runs a red light and hits your car, causing your injury, the “but for” cause would be the driver’s failure to stop at the red light.
This deals with whether the injury was a foreseeable result of the defendant’s actions. Proximate cause asks whether the type of injury suffered was something the defendant could reasonably have anticipated.
For example, if someone negligently causes a car accident, and a chain of events leads to a car catching fire, which injures someone, proximate cause asks if the injury (the fire) was foreseeable after the accident.
Both of these factors need to be established to prove that the defendant is liable for your injuries. This is why it is important to work with a skilled attorney to ensure you prove all elements of your claim.
Proving causation isn’t always simple. It requires evidence and logical reasoning to show that the defendant’s actions were the direct cause of your injuries. Causation is typically proven with one or more of the following:
An experienced personal injury attorney can help you gather the necessary evidence to prove your claim.
In Texas, modified comparative negligence comes into play when more than one party is responsible for the injury or if you share some of the blame. If you are more than 51% at fault, you will be barred from recovering damages. However, if you are 50% or less at fault, you can still recover damages. Your total damage award will be reduced based on your level of fault.
Let’s say you were injured in a car accident where the other driver ran a red light and caused the crash. However, you were speeding just before the crash occurred, which may have contributed to the severity of the crash. In this scenario, the jury might find that you were 20% at fault for speeding, while the other driver was 80% at fault.
If your damages were $500,000, your recovery would be reduced by 20%, and your total award would be reduced to $400,000.
If you’ve been injured in an accident and are trying to prove causation in your case, it’s important to have a skilled Austin personal injury attorney by your side. At McMinn Personal Injury Lawyers, we have the experience necessary to handle complex causation issues. We can take on the legal burden and help you recover compensation for your injuries.
Contact us today for a free consultation at (512) 474-0222. Let us review the details of your case and provide guidance on how to navigate the legal process successfully.
