The Element Of Causation In Florida Personal Injury Cases
If you have been injured in Florida in an accident that was caused by another person’s negligence, you may be entitled to compensation. To prove negligence, you need to establish four crucial elements. These elements are;
- Duty of care
- Breach of duty of care
- Causation
- Damages
Usually, people have a hard time understanding the meaning of “causation” and proving it. Causation might seem straightforward, but the reality is that it is often one of the trickiest elements in a personal injury case. Because of this, it is crucial that, if you’re planning to file a personal injury claim, you hire an attorney. An attorney can help you prove all the elements of negligence, including causation.
What Is Causation?
In simple terms, proving the “causation” element entails proving that the defendant’s negligent conduct actually caused your injuries. It involves establishing that the defendant’s actions were the legal cause of your injuries.
So, when are a defendant’s actions considered the legal cause of a plaintiff’s injuries? In Florida, a defendant’s actions are considered the legal cause of a plaintiff’s injuries if those actions “directly and in natural or continuous sequence” created or contributed to the creation of the plaintiff’s injuries. In other words, for the defendant’s actions to be considered the legal cause of your injuries, you must show that their negligent conduct was so substantial that, had it not occurred, you would not have suffered the same injuries.
Intervening Act
As already mentioned, for an individual to be held responsible for a plaintiff’s injuries, their negligent conduct must have directly and in natural or continuous sequence created or contributed to the creation of the plaintiff’s injuries. If the causal chain, which is the sequence of events, is broken by an intervening cause, a defendant may not be held liable. An intervening cause is something that is independent. It is not something set in motion by the defendant’s negligence. In other words, an intervening cause cannot be a foreseeable consequence of the original negligent act.
For instance, you are walking on a narrow sidewalk when you see a speeding car dashing towards you. You move away from the sidewalk and steady yourself against a wall to avoid getting hit. Once on the wall, you get shocked by an electrical box with exposed wires. In such a situation, you still suffer injuries, but although the driver was speeding and made you move to the wall and touch the electrical box, chances are, they won’t be held liable for your injuries. This is because the driver could not have reasonably foreseen that you would move to the wall and touch the electrical box.
What if I am Also To Blame for My Accident?
Even if you are also to blame for your injuries, you can still seek compensation. As long as the defendant is also to blame for your injuries, you can recover compensation. This is because Florida uses the comparative negligence rule in personal injury cases.
Legal Help Is Available
Our skilled and dedicated West Palm Beach personal injury attorneys at The Pendas Law Firm are experts in proving causation and the other elements of negligence. If you are considering filing a Florida personal injury claim, talk to us to learn more about how we can help.
The Pendas Law Firm also represents clients in the Orlando, Fort Lauderdale, Ocala, Tampa, Bradenton, Daytona Beach, Fort Myers, Jacksonville, and Miami areas.
