Causation may seem like a fairly straightforward concept, but the legal requirements can sometimes become complicated. Causation is one of the elements that must be proven in order to be successful with a personal injury claim based on negligence.
At its most basic level, causation means that your injuries were a direct and foreseeable consequence of the defendant’s behavior. Dive into all the details below to learn more about what causation is and how to prove it.
The Legal Element of Causation
Most personal injury claims are based on the legal concept of negligence. When someone acts negligently, they fail to act in a reasonable manner under the circumstances. Their careless behavior often results in some type of injury to another person.
Negligence consists of four legal elements:
- Duty of care: A legal obligation to act reasonably, such as to drive safely.
- Breach of duty: Failing to meet that standard, like texting while driving.
- Causation: The breach directly and foreseeably caused the injury.
- Damages: The victim suffered losses like medical bills, lost wages, or pain and suffering.
Proving a negligence case in New York requires demonstrating these four elements by a preponderance of the evidence. This is one of the lowest evidentiary standards. It only requires proving that your version of the facts is more likely true than not.
How Can I Prove Causation in a New York Personal Injury Claim?
Winning a negligence claim requires proving all four elements of negligence. That means you’ll need to gather relevant evidence. Medical records can prove the extent of your injuries, and there are bills and receipts to show the financial value of your monetary losses.
However, you must also prove that the defendant was the one who caused those damages—meaning you’ll need to demonstrate both direct and proximate causation.
What Is Direct Causation?
Direct causation is sometimes referred to as the “cause in fact.” This element is fairly straightforward. In simple terms, direct causation requires proving that your injuries would not have occurred if it weren’t for the actions of the defendant.
For example, imagine that you are injured in a car accident because another driver was distracted by texting. If that driver hadn’t been texting, they would have seen you stopped at the red light. Thus, they wouldn’t have hit your vehicle and injured you.
Proximate Causation in Personal Injury Claims
Proximate causation can be a little more complicated than direct causation. Proving proximate causation can also be difficult because it deals with the relationship between the wrongdoer’s behavior and the victim’s injuries.
Basically, proximate causation means that the injuries sustained in the accident were a foreseeable consequence of the behavior in question. Think back to our texting while driving example. A reasonable person could foresee that injuries might occur as a result of not paying attention while driving. Thus, the defendant’s behavior was the proximate cause of your injuries.
The Types of Evidence Used to Prove Causation
There are many types of evidence that may be used to prove causation in a New York personal injury claim. Physical evidence from the scene and eyewitness or expert testimony may be helpful. The more evidence you have to prove your case, the more likely you will be successful with your claim.
Some common examples of evidence used to prove causation in personal injury cases include:
- Photos or video surveillance footage
- Eyewitness testimony from individuals who saw the accident
- Expert testimony, such as from medical professionals or crash reconstructionists
- Statements or testimony from the victim and the defendant
- Medical records that prove the extent of the victim’s injuries
After an accident, try to gather as much evidence from the scene as possible. This applies after car accidents, motorcycle accidents, slip and fall accidents, or any other type of incident resulting in an injury. Take photos of the scene from all angles and obtain contact information from any witnesses who may have seen what happened. This type of evidence can be crucial to proving your case later in the claims process.
Common Challenges in Proving Causation
Proving causation isn’t always straightforward. Even when negligence seems obvious, several factors can complicate your ability to show a direct link between the defendant’s actions and your injuries.
Potential challenges include:
- Pre-existing conditions: Insurance companies may argue that your injuries weren’t caused by the accident but were instead due to a prior medical issue. In these cases, medical records and expert testimony become critical.
- Multiple causes: If more than one person or factor contributed to the accident, you’ll need to demonstrate that the defendant’s actions were a substantial factor in causing your injuries.
- Delayed symptoms: Injuries like soft tissue damage or brain trauma may not show immediate symptoms, leading insurers to question whether the accident caused them at all.
- Lack of evidence: If there is no evidence at the scene, such as no photos, missing witnesses, or unclear accident reports, it can weaken your ability to prove how the injury occurred and who caused it.
An experienced personal injury attorney can help you gather the necessary evidence and effectively counter these challenges.
Contact the Middletown Personal Injury Lawyers at Rolo Law Personal Injury Lawyers for a Free Consultation
Whether or not you can prove causation can make or break your personal injury claim. If you have been hurt in an accident, consider getting help from an experienced lawyer. The team at Rolo Law Personal Injury Lawyers can help you prove your case and get the compensation you deserve. Contact our Middletown personal injury attorneys today at (845) 383-7790 to schedule a free consultation and let us go to work for you.
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Rolo Law Personal Injury Lawyers
265 NY-211 Suite 106B, Middletown, NY 10940
(845) 383-7790
