Causation
If another party caused your personal injury or accident, you might be entitled to compensation for your damages. You may receive compensation for economic damages (i.e., expenses and monetary losses). A personal injury claim also includes non-economic damages (i.e., pain and suffering).
However, you must prove the elements of a negligence claim to recover damages in most cases. Causation is an essential element of a negligence-based personal injury claim. You cannot hold the at-fault party responsible for your damages if you cannot prove causation.
What Is Causation in a Louisiana Personal Injury Case?
Cause is the reason something happens. In a personal injury case, causation is the third element you must prove for negligence.
You must prove the party owed you a legal duty of care and breached the duty of care. Then, you must prove factual cause and proximate cause to satisfy the element of causation. Finally, you must prove that the party’s negligence resulted in injuries and damages.
Proving Factual Cause for a Personal Injury Case in Baton Rouge, LA
Factual cause or direct cause is the reason why something happens. Usually, jurors use the “but for” test to determine factual cause.
They ask themselves if the plaintiff would have been injured “but for” the defendant’s actions. In other words, would this (the plaintiff’s injuries) have happened had it not been for that (the defendant’s actions)?
An example might be a red light accident. Suppose a driver runs a red light and slams into your car as you pass through the intersection with a green light. You sustain a back injury because of the intersection accident.
The direct cause of the crash would be the driver running a red light and slamming into your vehicle. You would not have sustained the back injury had it not been for the other driver’s actions.
Proving Proximate Cause for a Personal Injury Case in Baton Rouge, LA
Proximate cause is more difficult to prove in a personal injury case. Proving proximate cause requires you to prove that the defendant could reasonably foresee that their actions could cause someone to be injured. It deals with the relationship between a specific set of circumstances.
In the above example, a driver could reasonably conclude that running a red light could cause a traffic accident. A traffic accident could cause someone to be injured.
Generally, defendants are not liable for damages if they were not in control of the circumstances that led to the plaintiff’s injury. The jury may also find the defendant is not liable if they could not reasonably foresee that their actions could cause someone to be injured.
Evidence Used To Prove Causation in a Baton Rouge Personal Injury Case
The injured victim must prove by a preponderance of the evidence that the other party caused their injuries. Jurors must believe there is a greater than 50% chance that the defendant’s actions caused the plaintiff’s injuries. Otherwise, the jurors may find the defendant is not responsible for the plaintiff’s damages.
Evidence that may be used to prove causation in a personal injury case includes:
- Statements from the parties involved in the accident
- Physical evidence from the accident scene
- Copies of accident reports and police reports
- Medical records documenting your injuries
- Photographs and videos of the accident scene
- Surveillance camera footage
- Testimony from eyewitnesses and expert witnesses
- Photographs of your injuries
The types of evidence in a case depend on the facts and circumstances of the case. Your personal injury case may include other types of evidence.
When you hire a Baton Rouge personal injury lawyer, your attorney investigates your claim to determine causation and gather evidence. They identify the parties responsible for causing your injuries and build a case using the evidence.
Recovering Damages for a Baton Rouge Personal Injury Case
You can receive compensation for your damages after you prove causation and the other elements of a negligence claim. Damages in a personal injury case include economic and non-economic damages. Examples of damages include:
- Lost wages and benefits
- Property damage
- Medical bills
- Impairments and disabilities
- Emotional distress and mental anguish
- Rehabilitative therapies
- Scarring and disfigurement
- Reduction in earning capacity
- Out-of-pocket expenses
- Diminished quality of life
- Loss of enjoyment of life
The amount of money you receive for a personal injury case depends on the circumstances of your case. Factors that impact how much your case is worth include the evidence proving negligence, the severity of your injuries, and the parties involved in the case.
Get Help Proving Causation for a Baton Rouge Personal Injury Case
Typically, you have just one year to file a personal injury lawsuit in Louisiana. Proving causation for a personal injury claim can be difficult, especially when the parties dispute liability or the case involves complex issues.
If you have questions about a personal injury case, contact a Baton Rouge personal injury lawyer at (225) 344-3735 for a free consultation. An attorney has the resources to investigate your case and gather evidence proving causation.