When accidents happen, the focus often shifts to the “how” and “why” of the event. For over 25 years, we at Zweben Law Group have been helping Florida residents answer those questions in their personal injury cases. Understanding causation is one of the most important steps in pursuing a successful claim. Without it, there’s no way to connect someone’s negligence to the injuries you’ve suffered.
In Florida, proving causation means demonstrating two key elements: actual cause (or cause-in-fact) and proximate cause (or legal cause). These terms might sound technical, but they boil down to showing not only what directly caused your injury but also whether the outcome was predictable based on the other party’s actions. Let’s break it down.
Actual Cause (Cause-in-Fact)
At its core, actual cause refers to the direct connection between the defendant’s actions and your injury. The easiest way to understand this is through the “but for” test. Essentially, it asks: But for the defendant’s actions, would the injury have happened?
The “But For” Test
Imagine you’re driving down a highway when another driver runs a red light and crashes into your car. “But for” their decision to ignore the traffic signal, your car wouldn’t have been hit, and you wouldn’t be dealing with medical bills or missed work. This connection is what establishes the actual cause.
A Florida Case Example
Take a hypothetical situation: A bicyclist riding in a marked bike lane is struck by a distracted driver who veered off the road while texting. In this instance, the driver’s negligence in paying attention to their phone directly caused the accident. If not for their distraction, the bicyclist would have made it home safely. This is a clear case of actual cause.
Proximate Cause (Legal Cause)
Proximate cause asks whether the injuries sustained were a foreseeable outcome of the defendant’s actions. This is where the law draws a line, determining whether it’s reasonable to hold the defendant responsible for the injury.
Foreseeability: Two Key Questions
- Was the plaintiff a foreseeable victim?
For example, if you’re shopping at a grocery store and slip on a puddle left unattended, it’s reasonable to expect that a shopper could be hurt by the store’s failure to clean up the hazard. - Was the injury a foreseeable consequence of the defendant’s actions?
If a restaurant staff member spills oil in the kitchen, and you (a customer) slip on it, the connection might seem indirect. However, if the oil was tracked into the dining area and wasn’t cleaned up, the restaurant could still be liable because the injury was a predictable outcome.
A Florida Example
In a court case, a pedestrian slips and falls on a poorly lit sidewalk where tree roots had lifted the pavement. The city was aware of the hazard but hadn’t made repairs. The court could determine that the pedestrian was a foreseeable victim and their injury a foreseeable consequence of the city’s negligence.
Intervening and Superseding Causes
Sometimes, events occur after the defendant’s negligent act that complicates the case. These are called intervening or superseding causes, and they can affect whether the defendant is held liable.
Intervening Causes
An intervening cause happens after the initial negligence but doesn’t necessarily absolve the defendant of liability.
- Example: After a car accident caused by another driver’s negligence, you receive proper treatment at a hospital but develop an infection due to substandard care. The original negligent driver could still be held liable because the injury chain remains connected.
Superseding Causes
A superseding cause is an unforeseeable event that breaks the chain of causation.
- Example: If, while recovering from a car accident, a hurricane causes a tree to fall on your home, resulting in additional injuries, this would likely be a superseding cause, breaking the link to the initial accident.
Florida Courts and These Causes
Florida courts closely examine whether an intervening or superseding event was foreseeable. In most cases, intervening causes don’t eliminate liability, while superseding causes often do.
Multiple Causes
In some cases, multiple parties contribute to an accident. Florida follows a rule called modified comparative negligence, which means that each party involved is assigned a percentage of fault based on the degree of the fault.
Example: Shared Fault in a Car Accident
Let’s say one driver is speeding, while another makes an illegal turn, causing a collision. Both drivers contributed to the crash. If you’re injured, you can still seek compensation, but your recovery may be reduced by your percentage of fault.
How Comparative Negligence Affects Your Case
Under Florida’s comparative negligence law, if you’re awarded $100,000 in damages but found 20% at fault, your compensation would be reduced to $80,000. However, if you’re found to be 51% or more at fault, you would receive no compensation.
Proving Causation
Establishing causation requires strong evidence. Here are some common types we use in personal injury cases:
- Medical Records: These provide detailed proof of your injuries and their connection to the accident.
- Accident Reports: Police reports can document the facts and assign fault.
- Eyewitness Testimony: Statements from those who saw what happened can strengthen your claim.
- Expert Testimony: In more complicated cases, we work with medical and accident reconstruction experts to explain causation clearly and effectively.
At Zweben Law Group, we handle this process for you, working tirelessly to gather the evidence needed to build a strong case.
Contact Us – Get the Legal Help You Need Today!
When you’re facing injuries caused by someone else’s negligence, proving causation can feel overwhelming. That’s where we come in. At Zweben Law Group, we’ve been advocating for Florida residents for over 25 years. We handle every step of your case, from gathering evidence to negotiating with insurance companies, so you can focus on recovery.
Our promise? You don’t pay unless we win. Contact us today at (772)-223-5454 or visit our website to schedule a free consultation. Let us help you move forward with confidence and peace of mind.