Causation generally is a key element in any personal injury claim. Injury cases mostly stem from allegations of negligence. To prove general negligence, we have to show the defendant owed our client a duty of care, they failed to use reasonable care, and that failure caused our client’s injuries. Causation is the crux of what connects the conduct of the defendant to the injuries of the plaintiff.
If the defense can prove something else was a greater factor in causing the plaintiff’s injuries, they’ll likely win the case – no matter how egregious their fault or how serious a plaintiff’s injuries. To prove causation, we have to show that but for the defendant’s actions, the harm would not have occurred.
Definition of Proximate Cause
So what is proximate cause?
Fort Myers personal injury lawyers use this term to assert that the defendant is legally responsible for our client’s injuries because their actions were either a substantial factor causing the harm AND/OR, the harm caused was a natural and foreseeable consequence of the defendant’s actions.
That doesn’t mean the defendant’s actions were the sole cause. Sometimes injuries have multiple causes. But the proximate cause is the one that we aim to prove when we’re pursuing a case for legal (financial) responsibility for the resulting harm.
In most run-of-the-mill Fort Myers personal injury cases, proving proximate cause isn’t that difficult. Where it can become an issue is with either an intervening cause or evidence the injury was preexisting. (Note: Defendants can be liable for actions that exacerbate preexisting injuries, but they can’t be liable for the preexisting conditions themselves.)
If a defendant proves an intervening cause, they might win their case. An intervening cause is something that happens after the defendant’s negligence that exacerbates the injury. For instance, let’s say a pedestrian is struck by a drunk driver. They’re hurt. But then a well-meaning passerby comes along and tries to move the injured pedestrian, but does so incorrectly, causing serious spinal injury. The actions of the passerby would be an intervening cause. It wouldn’t necessarily absolve the drunk driver, but it could potentially lessen their liability for the pedestrian’s injuries.
What’s the Point of Proximate Cause in Fort Myers Personal Injury Case?
Proximate cause mainly helps establish that a negligent person is held accountable for carelessness or wrongdoing. But beyond just showing fault, it also helps us determine monetary damages owed to plaintiff. Proximate cause links the actions of the defendant to the injuries of the plaintiff, in turn helping us tally the exact amount of compensatory damages.
Defendants can be ordered to compensate victims for losses like medical bills, lost wages and pain and suffering.
Requiring proof of proximate cause also helps ensure defendants aren’t held legally responsible if the injuries in question weren’t directly caused by or the reasonably foreseeable consequence of their actions. Same goes for intervening causes, where something happens after and independent of the defendant’s involvement and interrupts the chain of causation.
If you are injured in a Fort Myers accident, the dedicated and experienced injury lawyers at Garvin Injury Law can help. We can assess both the viability and value of your claim, and help you determine the next best steps to secure full and fair compensation.
If you have been injured in Fort Myers, Port Charlotte, Sarasota, Cape Coral, Naples, Key West, or anywhere in the state of Florida contact Garvin Injury Law at 800.977.7017 for a free consultation.
Additional Resources:
Personal Injury Law, The Florida Bar Association
More Blog Entries:
The Risk of Rushing to Settle Your Naples Personal Injury, July 16, 2024, South Florida Personal Injury Lawyer Blog