|
Components of a Lawsuit: Causation, Both Actual and Proximate
To understand the components of a negligence lawsuit, proving causation is the third essential element to consider. Proving causion includes considering both actual and proximate cause.
For example, for someone seriously injured in a car accident caused by another driver, the the actual cause of the injuries was the impact with the other vehicle.
However, determining the proximate cause of the accident involves other issues regarding whether the accident was forseeable.
If the accident took place on a winter night with bad weather, road conditions would be an issue in determining proximate cause.
The injuried parties need to determine whether the drivers were taking appropriate measures to compensate for poor road conditions and decreased visibility, were not engaging in dangerous (speeding, drinking, not wearing seat belts, etc.) or distracted (eating, texting, talking on hand held cell phone, etc), or whether the accident was caused by an unexpected hazard (falling tree or power line, large animal darting onto a highway, attempting to avoid impact with another vehicle skidding on black ice, etc.)
Contact Us for a Free Personal Injury Lawsuit Review!
If you or someone you love has been seriously injured in an auto accident, product liability caused by a defective product or by the negligence of another, or other injury, our experienced attorneys may be able to help you seek compensation.
Complete the form on this page for a free review of your potential lawsuit. A Weitz & Luxenberg representative will contact you as soon as possible.
see also:
Breach of Duty
Negligence Litigation - Negligence Lawyers - Breach of DutyLearn about breach of duty and how it affects your case
Cause of Action: Defense
Negligence Litigation: Cause of Action defenses explained by a lawyer."Cause of Action" defense discussed by lawyers at Weitz & Luxenberg.
Glossary of Legal terms
Free glossary of commonly used legal termsLook here for a free glossary of free legal terms
