Jason Stephens | October 14, 2024 | Personal Injury
Injured parties in Texas have the burden of proving a legal claim to recover compensation for damages. Generally, the injured party must prove the other party owed them a legal duty of care and breached the duty of care. Then, they must prove the breach of duty caused their injuries.
Causation can be challenging to prove in a personal injury case. It links the at-fault party’s actions directly to your injuries. When proving causation, you must prove both actual and proximate cause. Even if you prove that the other party was negligent, if you cannot prove the negligence caused your injuries, you cannot recover damages.
Proving Proximate Cause for a Texas Personal Injury Case
Actual cause is the reason something happens. It is one-half of the test for causation. We use the “but for” test to determine actual cause. For example, “but for” the other driver running a red light, the accident would not have happened.
The second half of causation is proximate cause. You must prove proximate cause to create legal liability. Someone can be legally liable for damages if it is reasonably foreseeable that their actions could cause someone to be injured. For example, in our example above, a jury may find that it is reasonably foreseeable a driver could cause an accident if they ran a red light.
Examples of proximate causes in personal injury cases include:
- A restaurant owner does not repair a leaky faucet in the bathroom. It could be foreseeable that someone would slip and fall because of the wet floor.
- A driver takes medication intended to help them fall asleep and then drivers. It is reasonable to foresee that the medication could cause them to fall asleep at the wheel, causing an accident.
- An apartment complex knows that the steps are rotted. It is reasonable to believe a step could give way, causing someone to fall.
- A business owner stacks items on a high shelf without securing the items. It is foreseeable that the items might fall from the shelf, hitting a customer.
- A daycare owner fails to cover the electrical outlets in the toddler room. It is reasonably foreseeable that a toddler might stick something in the outlet, causing an electric shock.
The facts and circumstances of the case help determine what is reasonably foreseeable. The jury decides whether the injured party proved causation based on the evidence presented at trial.
Are Parties Liable for Events or Circumstances They Could Not Foresee?
Generally, a party is not held responsible for things they could not foresee. For example, a truck tire throws a rock into a car window, causing the driver to swerve. When the driver swerves, they hit another car. A jury may determine that the driver could not foresee a rock flying from the back of a truck and hitting their window.
On the other hand, a customer is injured because of a defective part on an escalator. The store might not be responsible because it did not know the part was defective and had not been recalled. Instead, the manufacturer could be responsible.
What Evidence Can I Use to Prove Proximate Cause for My Personal Injury Claim?
Evidence in a personal injury case may include, but is not limited to:
- Statements from the parties involved in the case
- Physical evidence from the accident scene
- Testimony from eyewitnesses
- Photographs of the accident scene
- Video of the accident from traffic cameras and surveillance cameras
- Medical records
- Opinions and testimony from expert witnesses
- Documentary evidence
The evidence in your case depends on the circumstances of the accident or injury. There could be other types of evidence that would help you prove cause. For example, if a distracted driver causes a car crash, you might introduce copies of their cell phone bill showing they were on the phone when the crash occurred.
How Does Contributory Fault Impact Proximate Cause in a Texas Personal Injury Case?
Texas uses a modified contributory fault standard for apportioning damages in a personal injury case. The Texas proportionate responsibility statute bars an injured party from receiving damages if their fault is greater than 50 percent. Therefore, even if you prove all the elements of causation, you would not be able to recover damages if you were 55% to blame for causing your injuries.
If you are 50% or less to blame for the cause of your accident, you can recover damages. However, your compensation is reduced by the percentage of fault assigned to you for the cause of the accident. Therefore, if a juror decides you are 25% to blame, the judge reduces the damages by 25 percent.
What Damages Can I Receive for a Personal Injury Case?
If you prove the other party caused your injury, you can receive compensation for your economic and non-economic damages. Examples of the damages you may receive include:
- The cost of past and future medical treatment
- Property damages
- Loss of enjoyment of life and quality of life
- Pain and suffering
- Lost wages, income, and benefits
- Diminished earning capacity
- Rehabilitative therapies
- Mental anguish and emotional distress
- Disabilities and impairments
- Out-of-pocket expenses
- Scarring and disfigurement
The amount you receive for a personal injury claim depends on many factors, such as the severity of your injuries. The strength of your evidence is also a factor. If you do not have strong evidence proving proximate cause and the other required legal elements, the insurance company may offer a much lower amount for settlement.
An experienced attorney can investigate the accident and circumstances surrounding your injury to gather evidence proving your case. Your lawyer may work with experts to gather additional evidence to strengthen your case. The stronger the evidence proving your claim, the stronger your negotiating power.
Contact Our Personal Injury Law Firm in Fort Worth, TX
Proving a proximate cause can be one of the most challenging elements of a personal injury claim. Our legal team is available 24/7 to discuss your case.
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth and Weatherford personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107
(817) 420-7000
Stephens Law Personal Injury | Wrongful Death | Truck Accidents – Weatherford Office
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000