Causation
If you are injured in an accident, you may be entitled to recover compensation in a personal injury claim. However, the at-fault party or insurance company will not just hand over the money. You will need to prove that the defendant caused your damages.
Causation is the third element of negligence, and you must prove causation to win your personal injury case. Keep reading below to learn more about causation and how to prove it.
What Is Causation?
Causation is a crucial element of personal injury claims in Alaska because most of these claims are based on negligence. Negligence happens when someone fails to act in a reasonable manner, and you suffer some injuries because of their conduct.
There are four elements that you must prove to substantiate a negligence-based claim:
- Duty of care: The defendant has a legal obligation to act in a reasonable manner under the circumstances.
- Breach of duty: The defendant violated the duty of care that they had a responsibility to uphold.
- Causation: The defendant’s behavior was both the direct and proximate cause of your injuries.
- Damages: You suffered actual losses as a result, including medical bills and lost wages.
To succeed with your personal injury claim, you must prove all four elements by a preponderance of the evidence. Failure to prove any of these elements will result in losing your claim and forfeiting your right to compensation.
Understanding Causation in Alaska Personal Injury Claims
Proving that the defendant caused your injuries can often be one of the most challenging parts of a personal injury claim. You can easily prove your damages by showing your medical bills or other expenses. However, you must prove that the defendant’s behavior caused these damages.
Legal causation includes two elements: direct and proximate cause. This means that you must show that your injuries were both a direct and foreseeable consequence of the defendant’s behavior.
Direct Cause vs. Proximate Cause
Direct causation, or “cause in fact,” is the most straightforward part of legal causation. Direct causation requires proving that the defendant’s behavior was the direct cause of your injuries. Put another way, your injuries would not have occurred “but for” the defendant’s conduct.
For example, imagine that you are stopped at a red light in your vehicle. The truck driver behind you is texting while driving and does not see you stop, so they slam into the rear of your vehicle. As a result of this truck accident, you suffered broken bones and a concussion. If it were not for the texting driver hitting your vehicle, you would not have suffered these injuries; thus, the other driver’s conduct is the direct cause of your injuries.
Proximate causation is more complicated and sometimes more challenging to prove. It refers to the relationship between the defendant’s behavior and the resulting injuries or outcome. Proving proximate causation requires proving that your injuries were a foreseeable consequence of the defendant’s behavior.
Think back to the truck accident example above. Are broken bones and a concussion foreseeable consequences of a truck slamming into the back of another vehicle? Yes. Thus, the defendant’s behavior is also the proximate cause of your injuries.
What Damages Are Available in Personal Injury Claims?
Victims who can successfully prove the legal elements of negligence are entitled to recover both economic and non-economic damages. Economic damages compensate victims for their financial losses and injury-related expenses. Non-economic damages compensate victims for their physical and emotional trauma.
Common types of damages include the following:
- Medical bills
- Lost wages
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Reduced earning capacity
- Loss of consortium
Proving the value of your economic damages is usually straightforward. However, putting a value on your non-economic damages can be much more challenging. You may need help from an experienced personal injury lawyer to maximize your recovery.
What Types of Evidence Are Used to Prove Causation?
The types of evidence used to prove causation can vary widely. While all evidence must follow the Alaska Rules of Evidence, there are some common things that are frequently used in injury claims.
Evidence that is often used to prove causation includes:
- Photos
- Videos
- Testimony from the victim and defendant
- Eyewitness testimony
- Expert witness testimony
- Medical records
The more evidence you have in your favor, the more likely you are to win your case.
Contact Farnsworth & Vance Personal Injury Lawyers for a Free Consultation With an Anchorage Personal Injury Lawyer
If you have been injured because of someone else’s conduct, we can help you through the process of proving legal causation in your claim so that you can get compensation for your damages. Contact Farnsworth & Vance Personal Injury Lawyers today at (907) 290-8980 to schedule a free consultation with a knowledgeable Anchorage personal injury lawyer, and let us put our experience to work for you.
