Causation

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Causation is one of the most important parts of proving your right to compensation. It isn’t enough to show that someone was careless. You also have to show that their actions directly caused your injury. Without this link, even a strong case can fall apart.

Proving causation can be difficult in accidents that involve more than one party or complicated medical issues. But if you can’t show a clear connection between the other person’s actions and your harm, your case may not succeed.

Keep reading to learn more about the role of causation in your personal injury case.

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What Is Causation in a Personal Injury Case?

Causation is a key part of proving negligence in a personal injury claim. To succeed, you must prove all four elements of negligence:

The defendant owed you a duty of care.
The defendant breached that duty.
The breach caused your injury.
You suffered damages as a result.

In North Carolina, causation has two parts:

Cause in fact: Also called “but-for” causation, the injury wouldn’t have occurred but for the defendant’s conduct.
Proximate cause: The injury was a foreseeable result of the defendant’s conduct, meaning that the harm was a predictable consequence.

You must prove both types of causation to recover compensation.

How Is Causation Proven in a Personal Injury Case?

Causation must be supported by clear, credible evidence. Evidence varies depending on the nature of the accident, but often includes:

Medical records documenting the timing and severity of your injuries
Expert testimony from physicians, engineers, or accident reconstruction specialists
Witness statements that help establish what occurred
Photos and videos of the scene or the incident itself
Surveillance or dashcam footage, if available
Accident reconstruction reports for traffic or fall cases

You must be able to demonstrate that your injuries stem directly from the defendant’s actions. The injuries cannot be from a separate event, a preexisting condition, or an unrelated cause.

Why Is Causation So Important?

Causation must be shown to meet the burden of proof in negligence. Without causation, a negligence claim will fail. A person can act carelessly without being legally liable if that carelessness didn’t result in injury.

To give a few examples:

A distracted driver runs a red light but doesn’t hit anyone.
A business fails to clean up a spill, but no one slips on it.
A doctor fails to diagnose an illness, but the patient’s condition does not worsen as a result.

Even though these actions are negligent, there’s no injury linked to them, so there’s no basis for a personal injury claim.

How Common Are Disputes Over Causation?

Disputes over causation are common, especially in:

Car accidents where insurers argue injuries stemmed from preexisting conditions
Slip and fall cases with unclear or delayed symptoms
Medical malpractice claims where it’s difficult to link harm directly to a doctor’s error
Product liability cases that involve multiple possible causes

Insurers may try to argue that your injuries existed before the accident or were caused by something else. Expert witnesses are often key to rebutting these claims.

What Is Contributory Negligence, and How Does It Affect Causation?

North Carolina follows the rule of pure contributory negligence. If you were even 1% responsible for your injury, you cannot recover damages.

This makes causation even more critical. If the defense can show that your own actions played any role in causing your injuries, your case may be dismissed.

Examples include:

Texting while driving
Failing to follow safety instructions
Ignoring posted warnings

You must prove that the defendant’s conduct was the sole cause of your injury and that you did not contribute to it in any way.

What Compensation Can I Recover If I Prove Causation?

If you can clearly establish causation, you may be entitled to compensation for:

Medical expenses: emergency treatment, hospital stays, rehabilitation, and future care
Lost income: wages lost during recovery and diminished earning capacity
Pain and suffering: physical pain, emotional distress, and loss of enjoyment of life
Permanent disability: long-term or lifelong limitations caused by the injury

The amount you recover depends on the severity of your injury, your medical prognosis, and how well you can link those outcomes to the defendant’s actions.

Why Timely Filing Matters Even When Causation Is Proven

Even if you prove causation in a personal injury case, you could still lose your right to compensation if you miss the legal deadline for filing a lawsuit. Most personal injury lawsuits in North Carolina are subject to a three-year statute of limitations from the date of injury.

However, certain exceptions may apply:

Medical malpractice: may allow for a delayed filing if the injury wasn’t immediately discovered, though there is a four-year statute of repose
Wrongful death: two-year statute of limitations from the date of death
Claims against government entities: may have shorter notice deadlines

Missing these deadlines can bar recovery — no matter how strong your proof of causation.

Contact Our Charlotte Personal Injury Lawyers for a Free Consultation

If you have suffered an injury in an accident, you could be entitled to compensation, and a Charlotte personal injury attorney can help you understand whether causation is clear in your case. With decades of combined experience, the attorneys at Chandler Volta Personal Injury Lawyers know what it takes to prove liability and recover damages for accident victims.