Causation

To make a successful claim, it will be necessary to prove that the accident caused your injury. This principle is known as 'causation'.

Causation, in the context of making a personal injury claim, refers to the link between the actions (or inactions) of the defendant and the harm you (the claimant) suffered.

In order to succeed in a personal injury claim, you must be able to prove that the defendant's actions (or inactions) caused your injury. Your solicitor will need to establish that, but for the defendant's actions (or inactions), your injury would not have occurred.

For example, if you were injured in a road traffic accident as a result of the negligence of the driver of another vehicle, you would need to prove that the driver's negligence caused your injury. In this case, causation would be established if it could be shown that the accident (and your injury) would not have happened but for the driver's negligence.

Another example would be a medical negligence claim where a patient sues a doctor for damages because of poor or inadequate treatment. You would therefore need to prove that the poor or inadequate treatment you received was the cause of your injury.

In the case of a clinical negligence claim, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.

Sometimes there can be multiple causes of an injury. In such cases, it must be shown that the defendant's actions (or inactions) were a substantial cause of the injury, rather than just a minor or trivial one.

To establish causation, your solicitor will collate as much evidence as possible to determine the circumstances that led to your injury or illness.

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.