How Can Foreseeability And Proximate Cause Affect My Personal Injury Case?

by Kristen White Blogger

To get compensation in every personal injury case, the plaintiff has to determine liability. It doesn’t matter whether one wants to settle or file a lawsuit. Determining liability goes hand in hand with negligence. Once legal liability is determined, the plaintiff gets the compensation for damages suffered.

Understanding Foreseeability And Proximate Cause

Sometimes it becomes complicated to prove the party at fault. However, what mainly rules out is the individual(s) who acted negligently such as to cause harm. And all this boils down to foreseeability and proximate cause. To prove who is liable in any personal injury case, it depends on the fact of each case related to the accident. In case of a car accident, it’s better to choose to work with the top Wasilla car accident lawyer to investigate the case. An experienced lawyer can quickly determine the at-fault parties who can pay for the damages though foreseeability and proximate cause.

Foreseeability: This is the ability to predict the happening of an accident. In case of a car accident, the liable party is deemed to reasonably foresee the injuries suffered in the course of acting negligently and causing a car accident. However, the act of foreseeability can vary depending on the circumstances of each case.

Proximate cause: The actions of the liable person must be sufficiently related to the injuries suffered. The court looks for the predominant reason that resulted in the injury. In other words, they use the “but for” to determine the proximate cause. That is, the damages or injuries wouldn’t have occurred but for the proximate cause.

The relationship between the above is that the common test of proximate cause is foreseeability. For instance, if a driver makes an unexpected U-turn and collides with another driver, the main event would the U-turn. If the victim suffers from a chest injury due to bumping on the steering wheel, the proximate cause of the injury would be the steering wheel and not the driver making the U-turn. This could get the blame on the car manufacturer. Getting the right proximate cause requires the knowledge of the top Wasilla car accident lawyer. It's not easy to do it alone due to the thorough investigations or witnesses testimonies needed among other reasons.

When More Than One Individual Is At Fault

Almost in all accident cases, foreseeability and the proximate cause will be used to come up with the negligent person. For instance, in plane accidents, more than one person can be held liable. It could either be the pilot and the manufacturer. In such cases, claims have to be made under the same grounds of negligence. However, one should opt to contact plane accident lawyer in Wasilla to help them determine liability. Since most plane accidents also fall under the personal injury law, the rule of negligence is also applied to determine the parties liable. This is the only way a victim can strengthen his/her case. Depending on the facts of each case, having the necessary evidence is the key to proving negligence or liability and getting to the best value for damages or injuries. Assigning liability after a plane accident is tough. The process is always lengthy and tiresome without legal help. That’s why it’s recommended to contact plane accident lawyer in Wasilla to help you fight for your maximum financial recovery.