What is Proximate Cause?

At Serrano Law, we believe it is important to make clear complex legal concepts and empower our community. Below, we’ll delve into the intricate world of proximate cause — a cornerstone of personal injury law that can hold significant sway in determining liability and compensation.

What is Causation?

Before getting into proximate cause, it is important to understand what we mean when we talk about causation generally.

At its core, causation refers to the relationship between a defendant’s actions or negligence and the harm suffered by the plaintiff. In the context of personal injury law, causation seeks to establish whether the defendant’s conduct was the direct cause of the plaintiff’s injuries or damages. Without causation, there can be no liability, as there must be a link between the defendant’s actions and the resulting harm.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

The Significance of Causation in Florida Personal Injury Law

Causation is a foundational element of personal injury law in Florida, serving as the linchpin that connects the defendant’s conduct to the plaintiff’s injuries. Without establishing causation, a plaintiff cannot succeed in their personal injury claim, regardless of the severity of their injuries or the defendant’s negligence.

In essence, causation ensures that defendants are held accountable only for harm that they directly caused or reasonably could have foreseen. It serves as a safeguard against imposing liability for unforeseeable or remote consequences of negligent conduct.

What is Proximate Cause?

Proximate cause is a fundamental principle in personal injury law that seeks to establish the legal relationship between the defendant’s actions or negligence and the plaintiff’s injuries or damages. Unlike actual cause, which focuses on whether the defendant’s conduct was a factual cause of the harm (i.e., “but for” the defendant’s actions, the harm would not have occurred), proximate cause delves deeper into the foreseeability and scope of the harm caused by the defendant’s actions.

Proximate cause asks whether the harm suffered by the plaintiff was a natural and probable consequence of the defendant’s conduct, considering both the foreseeability of the harm and any intervening factors that may have contributed to the injury.

Role of Proximate Cause in a Personal Injury Lawsuit

Proximate cause plays an essential role in personal injury lawsuits, serving multiple key functions. It primarily helps to establish the defendant’s liability by providing the legal framework necessary to hold them accountable for injuries caused by their negligent behavior. This notion of causation is not just about determining fault; it’s also central to calculating the damages awarded to the plaintiff. Proximate cause connects the defendant’s actions to the injuries sustained by the plaintiff, aiding in the precise calculation of compensatory damages. These damages can cover a range of losses, from medical bills and lost wages to pain and suffering.

Moreover, proximate cause acts as a boundary for liability. It ensures that defendants are not held responsible for injuries that were not reasonably foreseeable at the time of their negligent acts, thereby limiting their liability to consequences that are direct and foreseeable. This aspect of proximate cause also comes into play when courts analyze intervening causes. These are events or factors that occur after the defendant’s actions but before the injury to the plaintiff. The courts must determine whether these intervening causes disrupt the chain of causation, potentially exonerating the defendant from liability if the intervening cause was unforeseeable or independent of the defendant’s actions.

Understanding proximate cause is crucial for both legal professionals and those involved in personal injury cases. It allows them to navigate the complexities of the legal system more effectively and ensures that justice is pursued diligently. Establishing proximate cause with precision is fundamental in holding the right parties accountable and ensuring that victims receive appropriate compensation for their injuries.

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What’s the Difference Between Proximate Cause and Cause in Fact?

Cause in fact is also known as actual cause or “but-for” causation. Cause in fact asks a simple question: Would the plaintiff’s injury or damages have occurred “but for” the defendant’s actions or negligence? In other words, if the defendant had not engaged in the conduct alleged to be negligent, would the harm have still occurred?

Cause in fact is a straightforward inquiry that seeks to establish a direct causal link between the defendant’s conduct and the plaintiff’s injury. It is often determined by asking whether the harm would have occurred in the absence of the defendant’s actions. If the answer is yes, then the defendant’s conduct is deemed to be a cause in fact of the plaintiff’s injury. In that way, it is separate from proximate cause.

Key Differences 

The primary differences between proximate cause and cause in fact:

Scope of Inquiry: Cause in fact focuses on the direct causal link between the defendant’s conduct and the plaintiff’s injury, asking whether the harm would have occurred “but for” the defendant’s actions. Proximate cause, on the other hand, considers the foreseeability and scope of the harm caused by the defendant’s conduct, as well as any intervening factors that may have contributed to the injury.

Legal Implications: Proximate cause carries legal and policy implications that go beyond mere causation, as it involves evaluating the fairness and justice of holding the defendant liable for the consequences of their actions. Cause in fact, while essential in establishing a causal link, does not consider these broader legal and policy considerations.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The Essential Elements of a Personal Injury Lawsuit

In order to initiate a personal injury lawsuit, there are specific criteria that must be met. These foundational elements are critical, as lacking any of them could considerably weaken a case.

The initial step in such a lawsuit is to establish the defendant’s “Duty of Care” towards the plaintiff. The essence of this duty is that individuals are expected to conduct themselves in a manner that is reasonably cautious to prevent harm to others. The specifics of this duty can vary depending on the situation, such as a driver’s responsibility to follow traffic laws or a business owner’s obligation to maintain safe premises.

Following the establishment of duty, the plaintiff must prove that the defendant “Breached” this duty through actions that were negligent or intentionally harmful. Examples of such breaches could include careless driving, neglecting the safety of a property, or errors in medical procedures.

The third element, “Causation,” requires the plaintiff to show that the defendant’s breach directly caused their injuries. This means establishing both factual causation—demonstrating that the injuries would not have occurred but for the defendant’s actions—and proximate causation—where the injuries were a foreseeable result of the defendant’s actions.

Lastly, the plaintiff must demonstrate “Damages,” which refers to the actual losses suffered due to the defendant’s actions. These damages can be quantifiable, like medical bills and lost earnings, or more subjective, such as pain and suffering or emotional distress.

Without these elements, proving a personal injury claim can be extraordinarily challenging. Each component interlinks to form the legal basis required to hold a party accountable for injuries sustained by another.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Types of Damages in a Personal Injury Lawsuit

In a personal injury lawsuit, plaintiffs can be awarded several types of damages to compensate for their losses. These damages encompass a range of compensations to address the various adversities the plaintiff may face due to the injury. Medical expenses are often covered, which include the costs associated with hospital stays, surgeries, medications, rehabilitation, and ongoing therapy needed to manage the physical aftermath of the injury.

Additionally, plaintiffs can receive compensation for lost wages. This category includes not only past lost income but also potential future earnings that the injury might impede. Pain and suffering constitute another significant component of the damages, compensating the plaintiff for the physical discomfort and emotional distress caused by the injury. This distress often extends beyond physical pain to include profound emotional impacts, such as anxiety, depression, and even post-traumatic stress disorder, all of which are categorized under emotional distress damages.

Furthermore, plaintiffs may receive damages for loss of enjoyment of life if the injury prevents them from engaging in activities they once found pleasurable, significantly diminishing their quality of life. Loss of consortium damages address the adverse effects of the plaintiff’s injuries on their relationships with their spouse and family, reflecting the broader social impact of personal injuries.

In instances of egregious negligence or intentional harm, punitive damages may also be awarded. These are intended not only to punish the defendant but also to deter similar conduct in the future, serving a dual role in the justice system. Each of these damages plays a crucial role in attempting to restore the plaintiff’s pre-injury status and deter future wrongful actions.

Fighting for the Justice You Deserve

Causation — whether it be proximate cause or cause in fact — can be a complicated aspect of a case to prove. If you or a loved one has suffered a personal injury due to the negligence of others, you don’t need to navigate causation and all the other complications of personal injury law alone.

At Serrano Law, we take pride in fighting for the justice our clients deserve with passion and professionalism. Contact our office today to schedule your consultation — and let us advocate for you.

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