What Is Proximate Cause of Negligence and Why It Matters in Your Injury Case?

Every year, thousands of personal injury claims are filed across the U.S. In these claims, the injured parties must show negligence, causation and damages they suffered. Many people who are injured don’t understand what this means or its importance to their case.

So, what is proximate cause in personal injury cases? How can an attorney help clients prove proximate cause? Keep reading to learn more.

If you know you need a personal injury attorney, we encourage you to request a free consultation. The team at MattLaw Car Accident & Personal Injury Lawyers knows how to address proximate cause on behalf of its clients.

What is proximate cause?

Proximate causation is proof that what the defendant did was likely to cause harm to others. And in your case, proving the negligence proximate cause is required before you prove the negligence caused your injuries. The law required you to prove that the defendant’s conduct was a legal cause of their personal injury. It refers to the legal connection between a defendant’s conduct and the plaintiff’s injuries. It outlines how a defendant’s action, or lack thereof, directly contributed to the injuries they sustained. This is a key element of a personal injury claim and must be established.

Why does proximate cause matter?

Proximate cause is essential in personal injury claims. It also clearly shows what action by the defendant caused the injuries.

When someone files a personal injury claim, they are likely struggling financially, emotionally, and physically. They do not have to face this alone, however. A personal injury lawyer helps their clients to show proximate cause and build a strong claim.

What are examples of proximate cause in personal injury cases?

So, what does proximate cause look like in personal injury claims? We’ve outlined a few examples below:

Car accidents

When someone is injured in a car accident, there may be several factors that led to the incident. Proximate cause examples for this might be:

• The other driver was speeding and hit the injured individual: The proximate cause was the driver’s choice to speed while driving.
• The other driver ran a red light, causing a crash with the claimant: But for the defendant running a red light, there would not be any injuries, therefore the proximate cause is the act of running a red light.
• The other driver was distracted or drowsy, resulting in an accident that injured the claimant: But for being distracted or drowsy, the at fault driver would not have caused the crash. Distraction and drowsiness is the proximate cause of the resulting injuries.

The conduct that may establish proximate cause in these cases includes speeding, running a red light, and distracted or drowsy driving.

Slip-and-fall accidents

Slip-and-fall accidents happen in restaurants, hotels, stores, residential homes, and other public locations. These may be due to:

• A homeowner ignored a hazard on their property that caused someone to be injured
• A store employee mopped the floor and failed to put up wet floor hazard signs, resulting in a person falling
• A homeowner knew there was something dangerous on their property, like a broken porch, and did not alert visitors, which led to an accident

The conduct that may establish proximate cause in these cases includes ignoring the hazard, failing to put up wet floor signs, and not alerting visitors to a dangerous situation.

Medical malpractice

Medical malpractice claims are more complex than most other personal injuries. When a medical provider is negligent through some action, that action may be proximate cause if it caused or substantially contributed to the injury. Examples may be:

• A surgeon makes an error during surgery, causing significant damage to a patient
• A medical provider misdiagnoses someone, leading to permanent problems for a patient

The conduct that may establish proximate cause in these examples includes the surgical error and misdiagnosis.

How do defendants use proximate cause argument?

A defendant’s attorney will likely fight proximate causation to deny claims. This is especially challenging when there are several factors that may be possible causes. An experienced personal injury attorney understands that the defense attorney will try to do so and fights for their client in court.

Common arguments against proximate cause include:

Dispute liability

One way to avoid paying damages is to dispute liability. This is done by showing other factors that caused the incident or by arguing that the injury wasn’t as severe as the claimant claims. A knowledgeable attorney argues against liability disputes with evidence and witnesses.

Rely on comparative negligence

In Florida, a comparative negligence law is followed. In most negligence cases other than medical negligence, if someone is found to be more than 50% responsible for their own injuries, they generally cannot recover damages. A personal injury attorney helps clients understand this law and prove they weren’t at fault. They can also educate them on whether comparative negligence will come into play and how it will impact the claim overall.

Of course, each situation is unique, and it’s encouraged that anyone curious about this speak to a personal injury attorney.

Argue it’s past the statute of limitations

Florida has a two-year timeline for most personal injury claims (some exceptions apply). If someone misses this deadline, they may not be able to seek damages. A personal injury attorney is well aware of legal timelines. They manage them for their clients, so claims are filed within the limits.

How can an experienced personal injury attorney help clients?

Besides the above factors, attorneys help their clients through education, guidance, and support. They help them understand the legal process and advocate on their behalf. Some claims end up going to trial. When this happens, attorneys represent their clients and fight for justice.

A dedicated attorney helps their clients to calculate and seek damages. In personal injury cases, these may include economic and non-economic damages. Examples of those are:

• Current and future medical expenses
• Lost wages
• Future earning capacity
• Pain and suffering
• Mental anguish

Experienced attorneys also have strong negotiation skills. Insurance companies strive to pay as little as possible in damages. A knowledgeable attorney knows common tactics and negotiates on their client’s behalf. Most personal injury attorneys work on a contingency-fee basis, meaning attorneys’ fees are paid from a recovery; clients should review whether they may still be responsible for costs or expenses.

Contact MattLaw Car Accident & Personal Injury Lawyers today for a free consultation

Proving proximate cause can be challenging when several factors contribute to an injury. Defense strategies, statutes of limitations, and comparative negligence may all impact a personal injury claim.

Injured individuals do not have to navigate these challenges alone. At MattLaw Car Accident & Personal Injury Lawyers, we help our clients through this. We fight for their rights and advocate for them in and out of court. Contact us today to request a free consultation to learn more about your legal options.