If you were injured because of someone else’s careless actions in a car accident or other type of incident, Colorado law may allow you to pursue compensation from them by filing a personal injury claim. However, being injured is not enough on its own to win your case. You need to prove specific legal elements, and one of the most important is causation.
Causation is all about connecting the dots between what the other person did and the injuries you suffered. Without that connection, what would otherwise be a successful case can quickly fall apart.
Learning about how causation works under Colorado law can help you prepare for what lies ahead and give you a better sense of what your attorney will need to prove. Read on for a closer look at this critical legal element.
How Causation Fits Into a Colorado Personal Injury Claim
Most personal injury cases in Colorado are built on four legal elements. You have to prove that the other party owed you a duty of care, that they failed to meet that duty, that their failure caused your injuries, and that you suffered real damages as a result. These four pieces work together, and all of them must be present for your claim to succeed.
Causation sits right in the middle of that framework. Regardless of whether it’s obvious that the other person clearly did something wrong, it will not matter from a legal standpoint unless you can show that their actions are what actually led to your harm.
A driver may have been texting behind the wheel, for example, but if your injuries resulted from a separate incident rather than the crash they caused, the causation element is missing.
What Are the Two Types of Causation I’ll Need to Prove?
Colorado courts look at causation in two forms; both must be satisfied for your claim to hold up.
The first is cause in fact, sometimes called actual cause. This is tested using the “but for” standard. The question is simple: would your injury have happened if the defendant had not acted the way they did? If the answer is no, then cause in fact is established. If the answer is yes, meaning you would have been injured regardless, then this element has not been met.
The second is proximate cause, also referred to as legal cause. This one focuses on foreseeability, meaning the law still asks whether the type of harm you suffered was a reasonably foreseeable outcome of the other party’s behavior. If the connection between the conduct and the injury is too remote or unexpected, proximate cause may not exist.
Both types of causation need to be present before you can recover damages.
Why Causation Is Often the Most Contested Element
Causation tends to draw the most pushback from insurance companies and defense attorneys of all four elements of a personal injury claim. Their goal is to break the chain of causation so they can avoid paying the full value of your economic and non-economic damages.
Some of the most common tactics they use include:
- Arguing that your injuries were caused by a pre-existing condition rather than the accident
- Claiming that an intervening event or unrelated incident is what actually caused the harm
- Suggesting that your symptoms are exaggerated or unrelated to the defendant’s actions
- Pointing to gaps in your medical treatment as evidence that the accident was not serious enough to cause the injuries you are claiming
These challenges can be difficult to overcome without the right evidence and legal strategy, which is why having an experienced attorney in your corner is wise.
What Kinds of Evidence Can Help Me Prove Causation?
Building a compelling causation argument requires solid evidence.
Some of the most effective types of proof include:
- Medical records that clearly link your injuries to the date and circumstances of the accident
- Testimony from doctors and other medical experts
- Accident reconstruction reports
- Police reports documenting the scene and any violations
- Photographs, videos, and witness statements from the time of the incident
- A consistent treatment timeline that shows you sought care promptly after the accident
The sooner you start collecting this evidence, the better your case will be. Things like gaps in treatment and delays in seeking medical attention can give the other side ammunition to challenge your claim.
Schedule a Free Consultation with a Boulder Personal Injury Lawyer at Ferrell Injury Law
Proving causation is one of the most important steps in a personal injury case and is often where the biggest legal battles take place. An experienced Boulder personal injury attorney can help you gather the necessary proof and work toward putting maximum compensation into your pocket.
Call Ferrell Injury Law today to schedule a free case review and begin the path toward justice and a complete financial recovery.
