The cause of something is the reason why it happened. For example, speeding may cause a car accident. Similarly, faulty brakes may cause a big truck accident.
After an accident, you may be entitled to recover compensation for your injuries. However, you will need to prove that the defendant caused them to win your case. Proving legal causation requires proving both direct and proximate cause. Keep reading below to learn more.
Causation in Washington Personal Injury Claims
Most personal injury claims in Washington are based on the concept of negligence. Negligence means that someone acted carelessly and caused harm to another. When it comes to a legal claim, there are four elements of negligence that must be proven:
Duty of Care
The first element of negligence is proving that the wrongdoer owed the victim an obligation to act in a certain way. Typically, they are required to act in a reasonable manner under the circumstances. For example, motorists owe others on the road a duty of care to operate their vehicles safely and responsibly.
Breach of Duty
Next, the victim must show that the wrongdoer breached their duty of care. This means that they violated the duty they owed to others. For instance, by texting and driving, a driver has breached their duty of care owed to other motorists.
Causation
Causation is the third element of negligence, and victims must prove that the defendant’s breach of duty caused their injuries. Proving causation requires proving that the defendant’s behavior was both a direct and proximate cause of their injuries.
Damages
A successful personal injury claim must include some actual damages as a result of the accident. In effect, the victim must have losses, including physical injuries, medical bills, and/or property damage.
Each of these four elements must be proven by a preponderance of the evidence. Using this standard, the victim must show evidence that proves their version of the facts is more likely true than not.
What Is Direct Cause?
The first element of causation is direct cause, or cause in fact. This type of causation is straightforward and simple to understand. It means that the victim’s injuries would not have occurred “but for” the defendant’s conduct.
In other words, the victim would not have been injured had the wrongdoer not behaved the way they did. Consider an example that might make this a little easier to understand.
Imagine that you are rear-ended at a red light because the other driver was adjusting their entertainment system. You suffer whiplash and other injuries as a result. You would not have been injured if it were not for the defendant’s careless behavior. Thus, their conduct is the direct cause of your damages.
What Is Proximate Cause?
Proximate cause can be a little more confusing and harder to prove. Proving proximate cause requires proving that your injuries were a foreseeable result of the defendant’s actions. Think back to the car accident example above.
Is it foreseeable that a distracted driver who is adjusting their entertainment system might hit a stopped vehicle? Yes. Is it also foreseeable that an accident of that nature may cause whiplash and other injuries? Yes.
This is a fairly simple example, but some situations can be more complex.
Types of Evidence Used to Prove Causation
To prove causation, you must present evidence supporting your claim. The Washington Rules of Evidence govern the types of evidence that may be used. However, there are many common types of evidence used to prove causation after an accident.
Some examples are:
- Photos or video surveillance
- Testimony from eyewitnesses
- Statements and testimony from both the victim and the defendant
- Expert witnesses
- Medical records or physician statements
Usually, the more evidence you have to prove your case, the better. An experienced personal injury lawyer can also help you gather evidence to bolster your claim and be successful.
What Damages Are Personal Injury Victims in Washington Entitled to Recover?
Accident victims in Washington are generally entitled to recover both economic and non-economic damages. This means they can recover compensation for their financial losses and their pain and suffering.
Damages that may be available after an accident are:
- Current and future medical expenses
- Current and future lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Loss of consortium
- Diminished quality of life
The value of your claim depends mostly on the severity of your injuries. Cases involving more severe injuries will be worth more than cases involving only minor injuries. An experienced lawyer can help you put an accurate value on your claim to ensure you get all the compensation you deserve.
Get Help From a Seattle Personal Injury Lawyer Today
Proving causation after an accident is essential to getting compensated for your injuries. Darrell Cochran Personal Injury Lawyer can help identify all potential defendants in your case and pull together evidence necessary to prove causation. Let us help you get the justice you deserve.
Call us today at (253) 948-0250 to schedule a free consultation with a Seattle personal injury lawyer.