If another party causes you to be injured, you may be entitled to compensation for your damages. However, you have the burden of proving negligence for the other party to be legally responsible for your losses and injuries. The legal elements of negligence are duty, breach of duty, causation, and damages.
It can be difficult to prove causation because you must prove both proximate and actual cause. Actual cause is why something happened. It often uses the “but for” test of causation. For example, “but for” a person driving in the wrong direction, the car accident would not have happened.
Proximate cause is different. This type of causation depends on whether the action was a substantial factor in the injury or how foreseeable the injury was as a consequence of the action. You typically must prove that an actual cause is also a proximate cause to establish legal liability.
Proximate Cause in a Minnesota Personal Injury Case
Proximate cause is the reasonable foreseeability that actions could put another person at risk of being injured. Generally, parties are not liable for accidents and events they could not foresee.
In the example above, a jury may agree that it is reasonably foreseeable that driving in the wrong direction could result in a car crash.
Other examples of proximate causes for a personal injury case might include the following:
- A landlord receives a report that the front porch and steps are infested with termites but declines to treat the problem or repair the damage. Jurors may agree with the victim that it was foreseeable that the damage could result in someone falling and being injured.
- A grocery store fails to repair a leak in the frozen foods aisle. A jury may agree with the plaintiff that it is foreseeable that the leak could lead to a slip and fall accident.
- A driver makes a video of themselves singing with the radio. Jurors may decide that it is foreseeable that the distraction could be a substantial factor in causing a subsequent accident.
- A daycare owner fails to repair damage to the playset, and a child is injured. The jurors may agree with the child’s parents that it was foreseeable that a child could be injured because of the broken equipment.
Proximate cause is based on the circumstances and facts of the case.
Jurors decide whether the injured party has proven by a preponderance of the evidence actual and proximate cause. A “preponderance of the evidence” means that it is more likely than not that the party’s actions were the direct and proximate cause of the victim’s injuries.
Evidence Used to Prove Proximate Cause in a Personal Injury Case
Evidence in a personal injury case can include testimony, physical items, or documentation.
Examples of evidence that could prove causation and the other elements of negligence include:
- Video of the accident, such as surveillance and traffic cameras
- Statements by the parties involved in the incident
- Testimony from eyewitnesses
- Physical evidence from the accident scene
- Medical records
- Opinions and testimony from accident reconstructionists, medical specialists, engineers, manufacturers, and other expert witnesses
- Photographs and videos of the accident scene
- Documentary evidence
The evidence used to prove causation depends on the specific factors involved in the case. For example, receipts from a bar or restaurant could be used in a DUI accident case to help prove how much the driver had to drink in the hours before the accident.
Your Minneapolis personal injury lawyer thoroughly investigates to gather and preserve evidence. They have the resources to hire expert witnesses to assist with the investigation, trial preparation, and testimony when necessary.
What Damages Are Available for a Minneapolis Personal Injury Case?
If you prove the elements of negligence, you can claim compensatory damages for your physical injuries, financial losses, and emotional harm.
Examples of economic and non-economic damages include:
- The past and future cost of medical care and treatment
- Pain and suffering
- Loss of enjoyment of life
- Diminished earning capacity
- Impairments and disabilities
- Reduced quality of life
- Lost wages and employment benefits
- Scarring and disfigurement
- Physical therapy and rehabilitative treatments
- Out-of-pocket expenses
- Emotional distress and mental anguish
The facts of the case determine how much damages are worth. The severity of your injuries and the cost of your medical care are factors. The strength of your evidence and whether you sustain a permanent impairment are also factors.
Minnesota law also provides for punitive damages. These damages “punish” a party for acting with a deliberate disregard for the safety and rights of others. Punitive damages are typically rare, and your personal injury attorney can help you determine if your case might qualify for them.
How Does Comparative Fault Impact Causation and Damages?
Minnesota uses a modified comparative negligence standard for apportioning damages. Comparative fault does not bar a victim’s damages unless the victim is 51% or more at fault for causing their injuries. If a jury decides you were 65% to blame for the cause of your accident, you cannot recover any money for damages.
However, if your fault is less than 51%, you can recover a portion of your damages. The judge reduces your damages by your percentage of fault. Suppose the jury decides you were 18% to blame for causing your accident. In that case, the judge reduces your damages by 18%.
Proximate Cause is Critical for Your Minneapolis Personal Injury Claim
When you get hurt because of someone else’s negligence, proving causation is crucial to the success of your case and getting the compensation you deserve.
It might be easy to remember that you have to show that the other person’s action was an actual cause of your injury, but that’s only part of it. You typically also have to show that the other person’s action was a proximate cause, or a substantial factor, in your injury by showing that your injury was a reasonably foreseeable consequence of their action.
Ensure your Minneapolis personal injury attorney has all the information relevant to your case so they can prove both types of causation.
Contact the Minnesota Personal Injury Law Firm of Hall Law Personal Injury Attorneys For Help Today
For more information, please contact an experienced personal injury lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and its surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
(800) 292-1979
Find us with our GeoCoordinates: 44.97514068188609, -93.27349979814521
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320
St Cloud, MN 56301
(320) 255-1000
Find us with our GeoCoordinates: 45.55903612908877, -94.16420517306956
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203
Edina, MN 55424
(952) 697-5560
Find us with our GeoCoordinates: 44.90963991439301, -93.34937342327198
