Legal Grounds For Pursuing Compensation In Personal Injury Case
Proximate cause is a subset of tort law that applies when something or someone is legally responsible for a person’s injuries. For proximate cause to apply to your personal injury case, your Nevada personal injury attorney must be able to prove that a person or entity’s actions or inactions substantially contributed to the injuries that caused your injuries.
Millions of people are injured each year in accidents. Many victims of accidents have legal grounds to pursue financial compensation for their medical expenses, loss of income, property damage, and other damages or losses related to their accident. Your personal injury attorney may also be able to guide you through the process of seeking compensation for pain and suffering if you have a valid case of proximate cause.
What Is An Example Of Proximate Cause?
Common examples of proximate causes include:
- A driver violates a traffic law, such as speeding or failing to yield, resulting in a collision
- A business owner fails to maintain their building, causing a customer to become injured
- A spill is inadequately cleaned up in a store, causing a customer to slip and fall
- A homeowner fails to properly restrain their dog and it bites a child
- The brakes on a vehicle fail to work due to a lack of maintenance, causing a collision
A personal injury attorney can argue proximate cause in cases where it was reasonable for the business or homeowner to have a duty of care, to have been aware of the safety hazard, and to have failed to take steps to reduce the potential for harm.
How Do I Know if Proximate Cause Applies To My Car Accident Injury Case?
AVictims of accidents should consult with their Las Vegas personal injury attorney after the incident. An experienced lawyer will listen to your case, explain how proximate cause may apply, and develop a legal strategy for pursuing the financial compensation that you may be eligible to receive.
Depending on the circumstances of your accident, you may be eligible for many different aspects of financial compensation:
- Medical expenses related to the accident, including ambulance transportation, hospitalization, emergency services, imaging, surgeries, medication, physical therapy, rehabilitation, and long-term care
- Property damage, which may include your vehicle in a car accident or other property
- Lost income, if your injuries prevent you from working while you recover
- Lost earning capacity, if your injuries force you to change careers, reduce your hours, or stop working
- Long-term care needs related to the accident
- Pain and suffering
- Wrongful death, in some cases
Your lawyer will provide experienced guidance through the legal process and help you understand which compensation may apply to your case.
How Can My Personal Injury Attorney Demonstrate Proximate Cause?
In settlement negotiations or court, your attorney will need to prove that the defendant’s actions or inaction directly caused your accident and resulting injuries. This involves many different pieces of evidence to establish relevant factors, such as that the defendant owed you a duty of care, and then using additional evidence to demonstrate how those factors led to an accident that the owner should have foreseen.
Your Las Vegas car accident attorney may utilize many different types of evidence to prove your case. This can include:
- Traffic surveillance camera footage
- Dashcam footage
- Photographs of the accident scene
- Maintenance records
- Maintenance and repair protocols
- Phone records
- Witness testimony
- Expert testimony
- Medical records
- Many other types of evidence relevant to your case
How Can My Attorney Use Proximate Cause In Court?
After most accidents, it will be possible to confirm multiple facts at the time, but it doesn’t mean that each factor was necessarily a contributing factor to the accident. Sometimes, accidents are caused by unexpected events and no one is really at fault, such as a bad storm that comes on quickly and causes poor driving conditions. In a case like that, it may be difficult or impossible to establish a proximate cause because no party is legally responsible.
Proximate cause establishes fault for a plaintiff’s injuries, enabling them to receive financial compensation for their accident. An experienced personal injury attorney will be able to build a strong legal strategy, uncover evidence, and make a solid case for proximate cause on your behalf.
Contact Our Trusted Personal Injury Attorneys In Las Vegas
If you’ve experienced injuries as a result of a dog bite, slip and fall incident, hazardous work conditions, lack of maintenance in a hotel or casino, or another incident that could have been prevented, contact the trusted personal injury lawyers at Benson & Bingham Accident Injury Lawyers, LLC. Our experienced legal team has extensive experience handling hundreds of personal injury cases and is ready to serve you! We will listen carefully to your story and develop a personalized legal strategy that is unique to your case. Contact us at Benson & Bingham today to schedule your free, confidential consultation.