Causation is one of the legal elements of a personal injury claim based on the concept of negligence. Victims may be able to recover compensation for their damages, but they will need to prove that the defendant caused their injuries.
Keep reading below to learn how to prove causation in a New Mexico personal injury claim.
The Legal Elements of a Personal Injury Claim Based on Negligence
Most personal injury cases in Albuquerque are based on the legal theory of negligence. Negligence occurs when someone fails to act in a reasonable manner under the circumstances, resulting in harm to another.
To prove that a party was negligent, you must establish four elements:
- Duty of care: This is a legal obligation established by law, morals, or custom, requiring people to act reasonably in a given situation.
- Breach of duty: A breach occurs when someone fails to uphold the standard of care that has been established. Instead of acting reasonably, they act carelessly.
- Causation: The injuries sustained must have been caused by the defendant’s behavior. More specifically, the defendant’s conduct must be both the direct and proximate cause of the victim’s injuries.
- Damages: The victim must have suffered some type of measurable damages. These could be physical injuries, property damage, medical bills, or other losses.
If you are able to prove all four elements of negligence, there is a good chance that you will be successful with your personal injury claim. Remember that civil cases do not require proving your case beyond a reasonable doubt. Instead, you must only prove these elements by a preponderance of the evidence, meaning that your claim is more likely true than not.
What Is Direct Causation?
Direct causation is simpler and easier to understand than proximate causation. This is sometimes called the “cause in fact.” To prove direct causation, you must show that your injuries would not have occurred “but for” the defendant’s conduct.
It is often helpful to look at an example. Imagine that you are driving your vehicle when a semi-truck drifts into your lane and causes you to crash. As a result, you suffer catastrophic injuries and incur thousands of dollars in medical bills.
During the investigation, it was discovered that the truck drifted into your lane because the truck driver was texting while driving. Were it not for this conduct, you wouldn’t have suffered your injuries. Thus, the truck driver’s conduct is the direct cause of your injuries.
What Is Proximate Causation?
Proximate cause is a little more complex, and sometimes it can be more challenging to prove. Proximate cause means that the consequences of the behavior were foreseeable. To better understand this concept, let’s revisit the truck accident example from above.
Is it foreseeable that an accident may occur if a truck driver decides to text while driving? Yes. Is it also foreseeable that devastating injuries may result from a truck accident? Yes.
Thus, your injuries were a foreseeable consequence of the truck driver texting while driving. This means that the driver’s conduct was the proximate cause of your injuries.
What Kinds of Evidence Are Used to Prove Causation?
Many types of evidence may be used to prove causation. Evidence is often gathered at the scene immediately after the accident. However, some may not be discovered until weeks or months later.
Some common types of evidence used to prove causation include:
- Testimony from both the victim and the defendant
- Testimony from witnesses who saw the accident
- Expert witnesses who have specific knowledge or training in topics related to the accident
- Medical records or statements from healthcare providers
- Photos
- Video footage
- Police reports (in some situations)
The more evidence you have to prove your case, the more likely you are to win. The New Mexico Rules of Evidence dictate which pieces of evidence are allowed and which are not.
Contact an Experienced Albuquerque Personal Injury Lawyer At Jones Injury Attorneys for a Free Consultation
Winning a personal injury case is not always as easy as it may sound. You must prove that the defendant’s actions caused your injuries. An experienced Albuquerque personal injury lawyer can help you gather evidence and prove causation in your case.
Contact Jones Injury Attorneys today at (505) 578-2620 to schedule a free initial consultation.