Causation in personal injury cases refers to the cause-and-effect relationship between the at-fault party’s actions (or inaction) and your injury.
For your Louisville personal injury attorney to successfully demonstrate that another party is legally liable for your injuries, they must establish that the defendant’s actions were a substantial factor in bringing about your harm. If a reasonable person cannot conclude that the defendant’s negligence was a substantial, or important, factor that brought about your injury, then under Kentucky law, you are not entitled to compensation.
It can get a little tricky, and the elements of proving causation in personal injury cases will differ depending on the circumstances, but in general, the process is as follows.
Causation, personal injury, and negligence
Negligence is required element of personal injury claims, closely related to causation. Legally speaking, negligence is the failure of one party to take reasonable care for the safety of others. “Reasonable care” is based on what a prudent person would do in similar circumstances or actions required by law (such as a semi-truck driver following FMCSA regulations).
The plaintiff must prove that the other party owed you a duty of care and breached it, and also that the breach caused your injury. They must prove that the accident is an important cause of your injuries and losses for the claim to succeed.
When you work with a personal injury lawyer, they gather evidence to prove that the defendant’s conduct caused your injury and that you would not have been harmed but for those actions. The evidence supports their legal argument for your compensation.
Proving causation in Kentucky personal injury claims
Let’s use an example of a common type of personal injury claim, a car collision along Dixie Highway, and how causation is established.
Establishing duty of care
First, you must establish a duty of care. Licensed drivers in Kentucky must follow all traffic laws, including those regarding phone use while driving, and drive defensively, taking care for the safety of other drivers on the road.
You and the driver both have a duty of care to avoid actions that would lead to a crash, like texting and driving.
Proving a breach of duty
Next, you must establish that the defendant’s actions violated the duty of care they owed you. Texting and driving is illegal in Kentucky, and by doing so, the defendant is violating their duty to drive responsibly and follow the law. Because they weren’t looking at the road, they collided with your vehicle.
Demonstrating physical harm from the accident
You must prove that you suffered physical harm due to the accident to claim compensation from the other driver. Your medical records from the accident are vital to proving what happened.
Let’s say you suffered whiplash and broke your wrist in the wreck. You know the wreck caused these injuries, but your attorney needs to present evidence supporting this claim. Often, your medical records directly support your claim when your medical provider records your injuries and notes the injuries presented after a car collision.
The defendant’s attorney may say you broke your wrist playing softball or that what you called whiplash was actually a gym injury. It’s important that your medical records disprove those unsupported defenses.
Proving financial damages
Finally, you can put forth evidence that you suffered financially because of the injury. You can present your medical bills, evidence of missed work and unearned wages, and a damage estimate from the autobody shop. These and other losses are referred to as your personal injury damages. You claim compensation for these damages by proving causation.
Experienced personal injury lawyers ready to take your claim
If you’ve been hurt in an accident, you didn’t cause, the attorneys at Grossman Green PLLC can evaluate your case and determine whether you have cause to file a suit for damages. Contact us today at (502) 657-7100 for a free consultation.