Unlike a workers’ compensation case where you simply need to prove that you suffered an injury during the course of your work duties, a Minnesota personal injury case requires that you prove that someone else holds the majority of the fault for your injuries. This is called causation, and it’s very important that you clearly showcase how someone else’s actions or negligence directly contributed to your injuries. In today’s blog, we take a closer look at the elements needed to prove causation and how to go about establishing causation if you’re hoping to earn an injury award.
The Elements Of Causation
In a personal injury case, causation refers to the connection between someone else’s action or inaction and your injuries. It could be something that person did, like being distracted while driving, or something they failed to do, like not clearing their sidewalk of snow and ice in a timely manner. If their actions or negligence directly contributed to your injuries and you can prove this, you can establish causation and collect damages in a personal injury lawsuit.
More specifically, causation requires that you establish two key principles, which are cause in fact and proximate cause. Let’s dive deeper into both of those elements:
Cause in Fact – In order to prove “cause in fact,” you need to show that your injuries only occurred because of the action or inaction of another individual. This is typically established with the “but for” test. You need to show that your injuries would not have occurred “but for” the actions of someone else. You may argue that you would not have been injured “but for” an inattentive driver or “but for” an unshoveled walkway.
Proximate Cause – Proximate cause is the notion that the average person could understand that the accident or injuries were foreseeable based on the action or inaction of another. Again, it would be reasonable to foresee that running a red light or leaving your sidewalk uncleared following an ice storm could be dangerous for other individuals. If a reasonable person would suspect that your action or inaction would result in harm, then proximate cause has been established.
Proving Causation
It may seem like proving causation is a pretty simple process, and while it could be in some cases, don’t expect the other party’s insurance company to just accept your arguments. They will put together a case of their own that rejects or limits their party’s culpability in an accident. For example, they may argue that you were also distracted behind the wheel, or that you were looking down at your phone instead of watching your steps on a slippery sidewalk. There are plenty of ways that they’ll suggest you too have some ownership in your injuries, and the more they prove, the less you’ll be eligible to receive in an injury award.
If you want to clearly establish that the other party holds the majority of the fault for your injuries, you need to bring a personal injury lawyer into the fold. They’ll be able to review evidence from the scene, medical reports and even work with expert witnesses to establish causation in your injury case. Moreover, they know how to counter some of the most common arguments that the other side will make so that there is no doubt where fault lies.
Establishing causation in an injury case can sometimes be difficult, especially when it comes down to a he said, she said debate. Let us put our industry expertise to work for you and develop causation and a strong case in your time of need. For more information on how we can establish causation and win your injury case, reach out to the team at Hey Workers today at (844) 439-9675.
