Causation is a fundamental element in any personal injury case. The plaintiff must prove that the defendant’s clear negligence caused their injuries. The plaintiff’s claim may fail if the link between a defendant’s actions and the harm suffered is weak or nonexistent. In Ohio, proving causation means showing two things: actual cause (cause in fact) and proximate cause (legal cause).
What Is Causation in a Personal Injury Case?
Causation connects a defendant’s wrongdoing to a plaintiff’s injury. Without it, there is no basis for compensation, even if the defendant acted negligently. A plaintiff must show that the defendant’s breach of duty caused their injuries.
Types of Causation in Ohio
There are two types of causation that must be proven:
Actual Cause (Cause in Fact)
Actual cause is often explained using the “but-for” test. Under this approach, the court asks whether the injury would have happened “but for” the defendant’s conduct. If the harm would not have occurred without the defendant’s actions, then actual cause exists. For instance, if a driver runs a stop sign and collides with another vehicle, the accident would not have happened but for that act of negligence.
Proximate Cause (Legal Cause)
Proximate cause focuses on whether the harm was a foreseeable result of the defendant’s behavior. If an injury comes from an unusual or unexpected series of events, a court might rule that the defendant’s negligence is too far removed to make them responsible. Proximate cause limits a defendant’s responsibility. They are only accountable for consequences that are closely linked to their actions.
Proving Causation in Ohio Personal Injury Cases
A plaintiff must show a clear connection between the defendant’s negligence and their injuries to prove causation. This process often includes:
- Gathering medical records that confirm the extent and nature of the injuries
- Securing testimony from expert witnesses—such as accident reconstructionists—who can explain how the defendant’s actions led to the harm
- Presenting photos or videos (if available) that illustrate the conditions under which the accident occurred
- Collecting eyewitness accounts that corroborate the sequence of events
By weaving this evidence together, a plaintiff can help the court or an insurance company see a clear narrative: the defendant’s conduct caused the injuries in question, and the harm would not have occurred otherwise.
Comparative Negligence and Causation
Ohio follows a modified comparative negligence standard. Under this rule, a plaintiff can still recover damages even if they share responsibility for the accident, as long as they are not more than 50% at fault. However, if the plaintiff’s share of the blame exceeds 50%, they may be barred from receiving any compensation.
Determining fault can become complicated in cases involving multiple negligent parties. Each party’s contribution to the harm must be assessed, and a percentage of fault is assigned. These calculations can significantly affect the damages ultimately awarded.
Common Challenges in Proving Causation
Defendants and insurance companies frequently contest causation to reduce or deny a claim. Typical arguments include:
- Pre-existing conditions: The plaintiff’s injuries existed beforehand and were unrelated to the accident.
- Multiple possible causes: The defendant’s actions were not the primary cause of the injury.
- Intervening events: An event occurred after the initial act of negligence and may supersede the initial harm.
- Delayed medical treatment: A delay in treatment may show the injury is not serious or came from something else.
An experienced attorney can tackle these challenges. They can gather strong evidence and work closely with medical professionals. Also, they can create a clear timeline that shows how each event is linked.
How Long Do You Have to File a Claim in Ohio?
Most personal injury lawsuits in Ohio must be filed within two years of the injury date. Failing to meet this deadline generally forfeits the right to pursue compensation. However, exceptions exist, such as when an injury isn’t immediately obvious. Starting the legal process early helps you keep the evidence safe and find witnesses while memories are still clear.
Consequences of Failing to Prove Causation
Even if a defendant’s negligence is evident, a personal injury claim can be dismissed if causation is not established. The plaintiff might not get any money for medical bills, lost wages, or pain and suffering. Because causation is so critical, working with a legal team with the necessary resources and knowledge is essential.
Contact Wisehart Wright Trial Lawyers in Sandusky, OH
If you or someone you love has been injured due to another person’s negligence, establishing causation is critical to winning your case. Wisehart Wright Trial Lawyers can help you at every step. We can investigate the accident and help you build a strong claim. Contact us to schedule a free consultation.