If you’re injured in an accident that was caused by another person’s negligence in Omaha, Nebraska, you may be able to recover financial compensation for your medical bills, property repairs, and other losses. As the filing party, or plaintiff, it is your responsibility to prove the elements of your case as more likely to be true than not true. One of these elements, within the law, is causation.
In personal injury law, establishing liability often hinges on proving causation. Two fundamental concepts come into play: actual cause and proximate cause. While they might seem similar, they serve different roles in determining how an injury or accident occurred and who is responsible. Understanding the difference between actual and proximate cause is crucial for anyone involved in a personal injury case, as it can influence the outcome of a plaintiff’s injury claim. Here, we can break down these concepts, explain their significance, and illustrate how they impact legal proceedings and compensation.
The Plaintiff Has the Burden of Proof
A civil case aims to hold one or more parties legally and financially responsible, or liable, for the foreseeable result of an accident, injury, illness, or wrongful death. In the civil justice system, it is the plaintiff’s burden to prove that what he or she is claiming is more likely to be true than not true.
This substantial factor is the burden of proof, known as a preponderance of the evidence. Almost all personal injury cases are based on the legal theory of negligence. Negligence, according to personal injury law, is when someone does not use enough care, causing injury or harm against another person to have occurred.
Whether you get into a collision with a drunk driver due to distracted driving or another defendant’s negligent action, understanding these principles can make a significant difference in your claim. To obtain compensation once you suffer injuries, you must adequately prove negligence. This process may be more streamlined if you work with a qualified attorney, such as one from Knowles Law Firm.
Elements of Proof in a Personal Injury Case in Nebraska
You must demonstrate a handful of elements to prove liability in your claim. Negligence consists of the four following elements:
- Duty of care: A legal obligation to exercise reasonable care.
- Breach of duty: Any action or omission that violates the accepted requirement of care.
- Causation: A provable link between the defendant’s breach of duty and the accident.
- Damages: Losses suffered by the victim because of the defendant’s careless or reckless acts.
Causation is one of the key elements of a personal injury case. As a plaintiff in Nebraska, it is important to understand causation. It is the main reason why the accident or injury in question took place. Determining causation often uses the “but for” test – the plaintiff must prove that his or her injuries would not exist but for the defendant’s negligence.
Actual and Proximate Cause Compared
Actual and proximate cause may sound similar, but they have a few key differences you should be aware of during your claim.
Actual Cause
The actual cause is also known as “cause in fact.” The actual cause is relatively straightforward. It is what actually caused the victim’s injuries or losses. For example, in a case where a truck driver or another vehicle strikes a pedestrian, the motor vehicle driver’s actions are the actual cause of the accident. The actual cause of the car accident, however, may not be the legal cause. The person behind the actual cause might not be the liable party in a personal injury case.
Proximate Cause
Proximate cause is the legal cause of an injury. It is a factual cause that determines liability. Proximate cause may not be the final event before an injury took place, and it may not be the first event that set off a chain reaction. Instead, it is the cause that produced a foreseeable reaction, and the one but for which the foreseeable consequence of injury or harm in question would not have happened.
Why Both Forms of Cause are Essential
In many cases, it is required to prove that the defendant’s negligence was both the primary cause and actual and proximate cause of the injury. In other states, proof of substantial cause is enough.
In the pedestrian accident example mentioned above, the actual cause—versus proximate—of the injury might have been the motor vehicle driver’s actions, but if a defective tire blew out and this propelled the vehicle into the pedestrian, the tire blowout would be the proximate cause of the injury. This would make the manufacturer of the defective tire liable for the accident where injury occurs rather than the driver that struck the pedestrian.
What Is a Substantial Factor?
A substantial factor is a test based on a specific legal principle. Essentially, a substantial factor test allows court personnel to determine whether a defendant’s negligence or actions were a significant part of causing an injury. Depending on what the court decides, whether the contribution was considered trivial or substantial, a defendant may be found at fault to a lower or higher degree, respectively.
How to Prove Causation in a Personal Injury Case
To hold one or more parties liable for your accident or injury in Nebraska, you or your Omaha personal injury lawyer must provide proof of proximate cause in connection to the defendant(s). You will need to present evidence to demonstrate that the defendant’s conduct, action, or failure to act was the legal cause of your accident or injury; in other words, that your injury would not have happened but for the other defendant’s actions or negligence.
The evidence available to prove proximate causation may include accident reports, medical records, photographs, and witness testimony. An attorney can help you meet the burden of proof by collecting evidence of proximate cause.
Need Help Demonstrating Cause in Your Personal Injury Claim? Knowles Law Firm Can Help
If you’re injured in an accident in Omaha, Nebraska, understanding the distinction between actual and proximate cause is crucial for your personal injury claim. Actual cause refers to the direct actions leading to your injury, while proximate cause involves the legal responsibility and foreseeability of those actions. At Knowles Law Firm, with 55 years of experience and a history of multi-million dollar settlements, we can help you navigate these complexities.
Our dedicated team is committed to moving your case forward promptly, ensuring it receives the attention it deserves. We work diligently to gather the necessary evidence to prove causation and secure the compensation and to recover damages you deserve. Contact us today at (402) 431-9000 or through our contact form to discuss your case and explore your options for justice and compensation.
