In any personal injury lawsuit, causation is one of the most important elements a plaintiff must prove. It’s not enough to show that someone else acted carelessly. You must show that their actions directly caused your injuries. Without causation, a personal injury claim cannot succeed.
Here’s what you need to know about causation in personal injury claims.
What Is Causation in a Personal Injury Case?
Causation means a direct link between the defendant’s actions (or inaction) and the injury the plaintiff suffered. There are two elements of causation recognized in Louisiana law:
- Cause in fact (also called actual cause): The injury would not have occurred “but for” the defendant’s actions.
- Legal cause (also called proximate cause): The injury was a foreseeable result of the defendant’s behavior.
You must prove both to hold someone legally responsible. For example, if a driver runs a red light and hits your car, their action is both the factual and legal cause of your injuries.
Why Is Causation So Important?
Even when someone is clearly negligent, that alone does not guarantee a successful claim. You must prove that:
- Duty: The defendant owed you a duty of care.
- Breach: The defendant breached that duty.
- Causation: That breach caused your injuries.
- Damages: You suffered damages as a result.
Causation ties everything together. Without it, a judge or jury may believe the defendant acted carelessly but still rule against you because your injuries could have come from another cause.
How Do You Prove Causation?
Evidence is critical. You need to show, with facts, that your injuries were directly connected to the accident or incident. This often includes:
- Medical records documenting your injuries
- Doctor testimony explaining how the injury occurred
- Accident reports linking the defendant to the incident
- Witness statements
- Video footage or photographs from the scene
- Expert opinions, especially in complex cases
In some cases, you may need a medical expert to testify that the injuries were not pre-existing or caused by some other factor.
Common Causation Disputes
Insurance companies often challenge causation, especially in cases involving:
- Pre-existing injuries: They may argue that your condition existed before the accident.
- Multiple events: If another incident occurred around the same time, the insurer may claim that the other event caused the injury.
- Time gaps: A delay in seeking medical treatment can be used to suggest your injury wasn’t serious or wasn’t related.
In these situations, clear documentation and legal strategy are essential to counter these tactics.
Examples of Causation in Action
Here are some real-world examples that show how causation works:
- A pedestrian is hit by a car while crossing at a crosswalk. The driver was texting and did not see the pedestrian. The pedestrian breaks their leg. The driver’s failure to pay attention is both the factual and legal cause of the injury.
- A grocery store fails to clean a spilled liquid for several hours. A customer slips, falls, and suffers a concussion. The store’s inaction caused the fall and the resulting injury.
- A contractor leaves a power tool running unattended on a construction site. A coworker is injured by the tool. The contractor’s negligence directly caused the injury.
Each of these examples illustrates how the careless behavior directly led to the victim’s harm.
How Louisiana Law Addresses Causation
Louisiana follows a pure comparative fault system. This means that even if you are partly responsible for your injuries, you can still recover compensation. However, your damages will be reduced by your percentage of fault.
For example, if a jury finds you 30% at fault for an accident and awards you $100,000, you would receive $70,000. This makes causation even more important. The defense may try to shift blame by arguing that you contributed to your injury or that something else caused it entirely.
Causation in Medical Malpractice Cases
Proving causation in medical negligence claims is often more complex. You must prove:
- The provider’s actions fell below the accepted medical standard of care.
- The patient’s injury would not have occurred if proper care had been given.
This usually requires testimony from other medical professionals. The defense may argue that your outcome would have been the same even if no errors were made.
Causation vs. Correlation
It’s also important to understand that just because two things happen at the same time doesn’t mean one caused the other. This is the difference between correlation and causation. For instance, developing back pain shortly after a car accident doesn’t automatically prove the crash caused it.
You must show through evidence that there’s a direct link. Otherwise, the defense may claim the timing was just a coincidence.
Proving Future Harm
Sometimes, you may need to prove that the injury will continue to cause harm. This could include:
- Future surgeries or treatments
- Long-term disability or reduced mobility
- Diminished earning capacity
In these cases, expert medical or vocational testimony is usually needed to establish the long-term impact and its connection to the original incident.
Building a Strong Causation Argument
To protect your case and make causation easier to prove:
- Seek medical care immediately after an accident
- Follow your doctor’s instructions
- Document everything, including how you feel and how the injury affects your life
- Avoid giving recorded statements to insurers without legal advice
Your personal injury lawyer will help you gather the right evidence and work with experts to build a strong causation argument.
A Personal Injury Lawyer Can Help You Prove Causation
Causation is the link that connects negligence to your injuries and makes recovery possible. Without it, even clear carelessness may not result in compensation. By documenting your injuries, following medical advice, and working with an experienced personal injury lawyer, you can strengthen your case and prove that the defendant’s actions directly caused your harm.
Contact the Law Office of John W. Redmann, L.L.C., today at (504) 384-8053 for a free consultation and get the legal support you need to move forward.