Causation

Causation is the relationship between an activity and the outcome and must be proven to win a civil injury case. If you have been injured from the negligent actions of another person you must prove that person's actions were the "proximate cause" for your loss. For instance, to prove causation you must demonstrate the plaintiff knew the outcome was likely or could have foreseen their actions could cause injury but continued with their action. For example, if a driver is speeding and injures another driver, the other driver may be able to sue the speeding driver (in some states) for pain and suffering, lost wages, medical bills and potentially punitive damages for their injuries.

Although the driver did not intentionally injure the other driver because they were breaking the law they should have foreseen that their actions could cause injury. Additionally, their negligent actions were the proximate cause of the other driver's injury because reckless driving and speeding can increase the risk of a car accident.

Consider, however, the particular injury and the manner in which the injury occurs do not have to be foreseeable in order to constitute proximate cause. Not all car accident victims have the right to sue for damages. Some states limit the right of drivers to sue. Talk to an injury lawyer if you have been injured in a car accident.