According to Wikipedia.com, the legal concept of “causation” can be defined as “a means of connecting conduct with a resulting effect, typically an injury.” In the law, there are two separate types of causation: proximate cause and cause-in-fact. This concept is important in personal injury law since the top priority for every injury case is to prove that a defendant was negligent, and that their negligent actions caused a victim harm. However, a victim must be able to provide sufficient evident of both types of causation, as well as various other facts, in order to win their case.
Continue reading to learn more about proximate cause and cause-in-fact, and where to get free information regarding your potential injury claim.
Also referred to as “actual cause”, cause-in-fact is the principle of showing evidence that proves a defendant’s actions “caused” a victim’s injuries, and ensuing damages and losses. For instance, if you were injured by a drunk driver while driving your vehicle, you would have to show evidence that proves their misconduct (operating a vehicle while intoxicated) was a direct cause of the accident, which subsequently caused your injuries.
To determine cause-in-fact, the “But-For” test is often used. Here is an example of how to apply the “But-For” test to the above scenario: “But for driving while intoxicated, the accident would not have taken place.”
Proximate cause is a complicated legal concept. Essentially, proximate cause exists if a victim’s injuries were foreseeable. It supports the notion that a defendant should have reasonably anticipated that their actions could cause a victim harm. Taking into consideration the above-mentioned example, a driver should have reasonably foreseen that operating a motor vehicle while intoxicated can cause an accident that injures another person.
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If you were recently injured in an accident that was not your fault, it can help having a legal professional navigate your claim for you. To learn more about your potential injury claim, talk to a licensed Indianapolis accident lawyer as soon as possible, before the statutes of limitations runs out. They have the knowledge and resources to answer your questions about legal concepts and claim procedures, as well as, provide up-to-date information you can trust.