Knowing how to prove causation in negligence cases can help you get the settlement you need to cover expenses related to your injuries. Follow these four steps.
Every successful personal injury lawsuit starts at the same place—proving causation between negligence and damages. When you are hurt because of the reckless or negligent actions of another party, you deserve a settlement that covers the cost of your injuries in full.
With the help of an experienced personal injury attorney, you can determine whether you have a viable case that is worth pursuing. Once you have established that you have a case, you will need to follow certain steps to prove the causation between the other party’s negligence and the damages you sustained.
What is negligence?
Negligence is when someone fails to use reasonable care, either by acting in a way that a reasonably careful person would not act or by failing to act in a way that a reasonably careful person would under similar circumstances.
How to Prove Causation in Negligence
- Establish a duty of care.
- Demonstrate a breach of that duty of care.
- Show causation between this breach and your injury.
- Prove that negligence resulted in damages.
By following these four steps, you can increase the likelihood that you will be awarded compensation for your injuries.
Establishing a Duty of Care
The first step you need to take to prove causation in a negligence case is to establish that the other party owed you a duty of care. Some relationships between parties require that one party has a duty to provide the other with a certain level of care. For instance, store owners are required to provide their customers with a safe environment that is free from hazards.
Demonstrating a Breach of Duty
Once you have established that the other party owed you a duty of care, the next step is to demonstrate that they breached that duty through negligent action or inaction. A store owner who knows about or creates a hazardous condition is in breach of their duty of care for their customers. For example, if the store’s employees know—or should reasonably know—that there is a spill and they do not act quickly to remedy the situation or provide customers with a warning, the court might find them in breach of their duty.
Showing Causation for Your Injury
After demonstrating that the other party was in breach of their duty of care, you will need to show that this breach resulted in an injury. Showing causation provides a direct link between the other party’s actions (or inaction) and the injury.
Proving that Negligence Resulted in Damages
The purpose of filing a personal injury claim is to receive compensation to cover the costs that result from the injury. These damages can range from medical costs, lost wages, pain and suffering, and more.
Knowing how to prove causation in negligence is our specialty.
If you don’t know how to prove causation in negligence, you can count on RRBH to help. Don’t let your damages go unpaid. Get in touch with one of our attorneys today so we can discuss your case and work toward a solution together.