Causation is an essential concept in personal injury claims because it is one of the four elements of negligence. To hold a party liable for damages in a Georgia personal injury case, you must prove the party caused your injury (i.e., causation). Causation requires you to prove actual and proximate cause.
Georgia courts rely on case law and recognized legal tests to evaluate causation for determining liability for personal injury damages.
Defining Causation in Personal Injury Cases in Atlanta, GA
Causation is the legal element that determines whether a party is liable for a victim’s injuries and damages. A party does not need to act with intent to cause someone to be injured. Instead, causation examines whether their actions were the direct and proximate cause of the injuries. Georgia law divides causation for a personal injury claim into two legally distinct concepts:
Actual Cause
Actual cause, also called cause-in-fact, is the factual reason something occurs. The courts use the “but-for” test to determine actual cause. The jury must determine that the injury would not have occurred “but for” the party’s negligent act.
For example, suppose a driver is texting while driving and runs a red light. A jury may determine that texting and running a red light are negligent because a reasonable person would not have been texting while driving. However, the jury must also determine that the driver’s actions directly caused the victim’s injuries.
Therefore, they ask themselves whether the accident would have happened had it not been for the driver’s conduct. In other words, “but for” the driver’s actions, would the victim have been injured?
Proximate Cause
Sometimes, more than one party may have contributed to an accident. When this occurs, the courts may apply the substantial factor test to test for proximate cause. It measures whether the injury was a reasonably foreseeable result of the party’s conduct. To test for proximate cause, a jury must consider the relationship between a specific incident and the victim’s harm.
For example, they may determine that a driver should reasonably foresee that texting while driving is a distraction that could lead to an accident. Therefore, the driver could be considered proximately responsible for causing the victim’s injuries in our example above.
However, like other states, Georgia courts follow the proximate cause principles derived from the case Palsgraf v. Long Island Railroad. Generally, a party may not be liable for damages if the injury was not a natural result of a party’s actions.
If an outcome is highly improbable or results from circumstances outside the party’s control, the jury may determine the injured party did not prove a proximate cause.
How Is Causation Used in an Atlanta Personal Injury Case?
Most personal injury cases are based on negligence. A party is negligent when it fails to meet a specific standard of care in a particular situation. The standard of care is based on what a reasonable person would have done given the same circumstances.
Negligence requires proving four legal elements:
- The party being sued owed the injured victim a duty of care.
- The party breached its duty of care through its omissions or actions.
- The breach caused the accident or incident that injured the victim.
- The victim sustained damages because of the other party’s conduct.
Proving your case entitles you to claim compensation for economic and non-economic damages, which can include money to cover:
- The cost of medical treatment and rehabilitative therapy
- Permanent impairments, disability, scarring, and disfigurement
- Loss of employment benefits, wages, and earning capacity
- Pain and suffering
- Out-of-pocket expenses
- Loss of enjoyment of life and quality of life
- Mental anguish and emotional distress
Proving causation is often one of the most challenging issues in a negligence claim. Failing to prove causation can result in the dismissal or loss of the claim. Working with an experienced Atlanta personal injury lawyer gives you the resources and expertise necessary to build a strong case.
Contact Our Atlanta Personal Injury Lawyers for a Free Consultation
Has another party caused your injuries or accident? At Hammers Car Accident & Personal Injury Lawyers, our Atlanta personal injury lawyers help injured parties prove their claims to recover the compensation they need and deserve.
No matter what type of case you’re dealing with, our team can investigate thoroughly to determine the cause of your accident and any potentially liable parties. Call us at (770) 900-9000 for a free case evaluation to learn more about your legal options.
