Causation determines the causal relationship between the at-fault party’s actions and your injury. Determining causation in personal injury cases is vital to building your claim. You may be unable to file a lawsuit without causation.
You may need a Knoxville personal injury lawyer if you are struggling to hold the at-fault party accountable for your injuries. Our law firm can review the evidence against those responsible for your harm and determine whether their actions caused the specific injuries you have suffered.
What is causation?
Causation in personal injury claims refers to the connection between the cause of your accident, the actions of the at-fault party, and your injuries. Causation is one of the legal elements of negligence under Tennessee Code Section 29-11-101, along with duty of care, breach of the duty of care, and damages. Demonstrating causation is essential to your claim because a duty of care alone does not show that the at-fault party caused your injuries.
Establishing each of these elements is vital to the success of your personal injury case. Once you show the at-fault party had a duty of care to avoid injuring you, and they failed to uphold that duty, demonstrating causation shows that this breach of duty of care caused your injuries. Our legal team can help gather evidence that demonstrates these elements.
What are the common types of legal causation?
Causation can be direct or proximate. Direct causation, also called cause in fact, means that the suffering you have experienced would not have happened to you if the at-fault party had not been negligent.
Proximate cause refers to cases where the at-fault party engaged in negligence that a reasonable person would have foreseen as dangerous. For example, if a property owner failed to repair a stairway, a reasonable person would foresee that this inaction could cause injuries and breach the property owner’s duty of care under Tennessee Code Annotated §29-34-208. If they could not have foreseen this issue, you may have trouble showing proximate causation as an element of negligence in your premises liability claim.
What if multiple parties are involved in my causation personal injury claim?
If multiple parties were involved in your accident, you may need to establish causation for each involved party. Suing various parties can be complex, and you may need evidence connecting each party to these elements of negligence. If you are unsure who is at fault, talk to our team to get assistance holding multiple parties liable for your injuries.
How do I show causation?
Gathering evidence is the first step to demonstrating causation. Without evidence that the at-fault party caused your accident, you may be unable to confirm the other elements of negligence. Showing evidence they had a duty of care they breached and that you suffered damages is also vital to successful causation arguments.
Evidence for causation may include photos, surveillance footage, eyewitness statements, and expert witness testimony. The specific material you can gather depends on what is available following your accident. We have the tools to collect this information, show negligence, and pursue compensation for your damages in court.
How can a personal injury lawyer help me?
A personal injury lawyer can provide tools and legal representation in the courtroom to help you get compensated fairly. Many people struggle to protect their legal rights following an accident, and you may be unable to juggle your physical recovery and legal claim. Our law firm can step in to help your claim succeed.
We offer free consultations for personal injury victims seeking help establishing causation for their cases. The team at Hotz & Associates offers high-quality legal services to support your personal injury claim, starting with a free consultation. Call (865) 582-0042 to take advantage of our consultations or complete our online contact form.