Contact Us Today

973-898-0161

X

Establishing Causation in a Personal Injury Action

If you have been hurt because of the wrongful act of another person, you will most likely file a lawsuit alleging negligence. In a classic negligence action, one of the key elements that you must prove is “causation” that is, the defendant’s breach of duty of care “caused” your injuries. Under the ‒ common law of negligence, two different types of causation have evolved: actual, or “but for,” cause and proximate cause. To successfully prosecute a personal injury claim, you must show the existence of both types of causation.

Actual (“But For”) Cause

Actual cause is pretty much as the name suggests – it asks the question, Did the defendant’s negligence “actually” cause the accident and ensuing injury? In other words, if the defendant had not breached the duty of care, would the injured party have been hurt? If the answer is no, then you have established actual cause. For example, if a homeowner fails to repair a pothole in the sidewalk and you trip on the pothole, there’s actual cause for any injuries you suffer.

Proximate Cause

Proximate cause can be much more difficult to determine. Essentially, proximate cause looks at the specific injury and asks if it was reasonably foreseeable, based on the defendant’s actions. In the example above, let’s assume you tripped on the pothole and fell onto a wasp’s nest. The wasps swarmed out, traveled down the block and stung your neighbor 50 times. That neighbor went into anaphylactic shock and was hospitalized for two weeks, causing him to miss a trip to the Super Bowl, for which he’d already purchased tickets, at $2,000 per ticket. The neighbor would probably be unsuccessful in an attempt to recover the costs of the trip from you because there was no proximate cause.

Contact Us

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. Wewill come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Categories: Personal Injury

Contact Us

  • 0 of 500 max characters

Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

© 2024 Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, Attorney at Law. All Rights Reserved.

Disclaimer|Site Map