After an accident, you may be entitled to compensation for your injuries. However, getting that compensation will require proving that the defendant “caused” your injuries. This may sound straightforward, but proving causation in a personal injury claim can sometimes get a little complicated.
Proving causation requires establishing that your injuries were both a direct and foreseeable consequence of the defendant’s behavior. Keep reading below to learn more about causation and how to prove it as part of your South Carolina personal injury claim.
What Are the Legal Elements of a Personal Injury Claim?
Most personal injury claims in Charleston are based on the legal theory of negligence. This commonly includes claims after car accidents, truck accidents, slip and fall accidents, and more. To establish liability after an accident, victims must prove all four of the legal elements of negligence. These include:
Duty of Care
The victim must show that the defendant had a duty to behave according to a certain standard. Typically, the standard required is that of a reasonable person in a similar situation. This means that the defendant had a legal obligation to act reasonably under the circumstances.
Breach of Duty
Next, the victim must show that the wrongdoer acted in a manner that was outside this reasonable standard. For instance, a driver who decides to text while driving has breached their duty of care to other drivers. Instead of operating their vehicle in a safe and responsible manner, they have decided to operate their vehicle while being distracted.
Causation
Causation is generally considered to be the third element of negligence. The victim must show that the defendant’s breach of duty caused their injuries or damages. Causation means that the victim’s injuries were both a direct and foreseeable consequence of the defendant’s behavior. Causation usually includes two parts: direct and proximate cause.
Damages
The victim must have suffered actual damages as a result of the accident. These damages can include both economic and non-economic damages. Some common examples include:
- Medical bills
- Property damage
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of companionship
- Diminished quality of life
Damages can be proven through various methods, including bills, receipts, expert testimony, medical records, and more.
What Is Direct Causation?
Direct causation is also commonly referred to as the “cause in fact.” Direct causation establishes that the defendant’s behavior was directly responsible for the victim’s injuries. Put another way, it means that the victim would not have sustained their injuries if it were not for the defendant’s actions.
Think about a simple car accident case. Imagine being stopped at a red light and hit from behind by another driver. The driver who hit you was texting while driving and did not see that you had stopped ahead of them. You sustained several injuries because of the accident.
Proving that the defendant’s actions were directly responsible for your injuries should be fairly easy. Had the defendant paid attention instead of texting, they would have seen your vehicle stopped. This would have allowed them to stop safely behind you. So, their conduct was the direct cause of your injuries.
What Is Proximate Cause in a Personal Injury Case?
Proximate cause is the second element of causation. This one can get a little more complex. Proving proximate cause requires proving that the injuries you suffered were a foreseeable consequence of the defendant’s actions.
Think back to the car accident example above. Is it foreseeable that texting while driving would cause someone to rear-end another vehicle and injure the driver who was hit? Absolutely! Thus, the defendant’s behavior is the proximate cause of your injuries.
Now, let’s consider a more complex situation. Suppose you were legally carrying ammunition in the trunk of your car, and the exploding ammunition injures a pedestrian after you are rear-ended. Is the pedestrian’s injury a foreseeable consequence of the defendant’s behavior? It is possible that the injury was not foreseeable; thus, the defendant might not be liable for the pedestrian’s injuries.
As you can see, proximate causation can get somewhat complicated. This is why it is usually best to get help from an experienced personal injury lawyer who can help you prove all the necessary elements of your personal injury claim.
Types of Evidence Used to Prove Causation
Proving causation requires showing evidence to present your case. Some common types of evidence used to prove causation include:
- Photos
- Video surveillance
- Witness testimony
- Testimony from the victim and the defendant
- Expert witnesses
The more evidence you have to support your claim, the more likely you are to be successful with your case.
Call an Experienced Charleston Personal Injury Lawyer Today for a Free Consultation
If you have been hurt in an accident in Charleston, contact Ty Robinson Personal Injury & Car Accident Law Firm today. We can evaluate your claim and help gather all the evidence necessary to prove causation in your case. Let us help you hold the responsible party accountable for your injuries. We offer a free consultation. Contact us at (843) 278-2222.
