How Causation is Used in Personal Injury Law?

When proving negligence, a plaintiff must show a defendant had a duty of care to keep the plaintiff safe or free from harm. Then, the plaintiff must prove that the defendant breached that duty of care in a negligent act.

Causation comes in when a plaintiff shows how the breach of duty or negligent act resulted in injuries that caused economic damages and non-economic damages. When causation is illustrated in a personal injury case, it can be challenged. Should a personal injury case go to trial, causation could be up to a jury to interpret based on the evidence that’s presented throughout the trial.

Famous Cases Causation Was Used

Trigen-Philadelphia Manhole Cover Incident

In 2004, a Pennsylvania medical student fell through an open manhole, causing injuries to his spinal cord and additional life-changing injuries. He was unable to return to medical school and couldn’t pursue his career. In 2008, a jury deemed Trigen-Philadelphia liable for $85 million in damages.

When is Causation Used in the Legal Process?

In personal injury law, causation must be established at the time of filing a claim. In order to file a claim, proving negligence and showing the causation, or how that negligence led to injury, is the core of a personal injury case. Additionally, causation is used throughout the personal injury legal process. There are occurrences in which causation may change due to new evidence being introduced.

Is Causation Used in Kentucky Personal Injury Law?

Yes! When proving negligence in a personal injury case, causation is used to show the correlation between a breach of care and an injury.

Is Causation Used in Tennessee Personal Injury Law?

Yes! Tennessee personal injury law uses causation to connect a negligent act to a victim’s injury.

How Does Hughes & Coleman Injury Lawyers Use Causation?

As a part of our intake process, when you call Hughes & Coleman, we will ask for details of your case. During your free case evaluation, you’ll be asked specific questions that can help our experienced personal injury attorneys establish causation based on the events that occurred and the injuries you

Frequently Asked Questions About Causation

Properly collecting evidence is an essential part of proving causation. For example, video evidence along with medical records can show that a specific act caused a specific injury.

Should any medical diagnoses be fought against, you may find that having a medical expert write detailed notes explaining how one action could cause a specific injury either directly or indirectly can help you prove causation.

Causation can be factual and proximate. Factual (or actual) cause refers to a direct correlation between the injury and the act. If the injury would have occurred without the act, the causation is not factual or actual.

Proximate causation refers to an injury the defendant can still be held liable for, even if his or her actions didn’t directly lead to said injury. For example, in DUI cases, the act of driving under the influence may be considered a proximate causation, as the driver’s other actions (which could have been caused by driving under the influence) ultimately led to the wreck.