How the Proximate Cause Affects Your Personal Injury Claim

In a personal injury claim, you, the plaintiff, must prove that the defendant was negligent. Determining the at-fault party is a vital aspect of any personal injury claim. While some claims have evidence pointing to one individual, others depend on terms like proximate cause to determine liability and whether damages can be recovered. If you […]

In a personal injury claim, you, the plaintiff, must prove that the defendant was negligent. Determining the at-fault party is a vital aspect of any personal injury claim. While some claims have evidence pointing to one individual, others depend on terms like proximate cause to determine liability and whether damages can be recovered.

If you want to know the purpose of the proximate cause and how it can affect your personal injury claim, keep reading.

To ascertain the proximate cause in your case, you must go beyond the causation and show how the negligent action of the other party led to your injuries and damages. For example, if you threw a feather at a colleague, you could foresee your act did not cause harm or injury.

In contrast, if you threw a brick, you could foresee harm because of your act. This is seen as a clear-cut proximate cause.

Factors That Can Affect Proximate Cause In Your Personal Injury Claim

The court considers numerous factors that can affect proximate cause in your personal injury claim. They include:

The Type Of Injury

One of the first things the court looks at is the type of injury you have. Physical injuries, like a broken arm or a concussion, are usually easier to prove because they’re visible and measurable.

For example, if someone runs a red light and crashes into your car, leaving you with a fractured leg, it’s clear their actions caused your injury.

But things get trickier when the harm is emotional or psychological. These types of injuries are harder to see and prove.

If you claim emotional distress, for instance, you’ll likely need extra evidence, like a doctor’s report or testimony from a mental health expert, to show that the distress directly links back to the other person’s negligence.

The Relationship Between The Involved Parties

If the person is a stranger, the case might be pretty straightforward. There’s no emotional baggage, and it’s easier to focus on the facts.
But if the person is someone you know, like a friend, a coworker, or even a family member—it can complicate things.
For example, let’s say your cousin accidentally hurts you during a friendly game of backyard football. You might hesitate to file a claim because of your personal connection, or the court might question whether their actions were truly negligent or just part of the game.

The Type Of Act

This factor also plays a role. For instance, if the action was accidental, establishing a proximate cause will be more difficult than if it was intentional, thereby affecting your personal injury claim.

The Foreseeability Of The Injury

A proximate cause will not be established if the injury is not foreseeable.

For example, consider a scenario where a landlord fails to fix a broken staircase railing despite knowing it poses a safety risk. If you fall while using the stairs and sustain an injury, the injury will be reasonably foreseeable based on the owner’s negligence.

This will strengthen your argument for proximate cause, as the landlord should have foreseen the harm and taken the right precautions to avoid it. The court can determine the defendant’s level of responsibility for the resulting injury.

The Role Of Proximate Cause In Personal Injury Compensation

You are not liable for compensation if you can’t prove that a negligent action caused your injury. The only way you can seek compensation is from a person who actually caused the harm. This means the person has foreseen that their negligent action will lead to an injury.

The person who caused your injury can compensate you for all your losses, including lost wages, pain and suffering, and medical costs.