Causation is the causal relationship between the defendant’s conduct and end result. It is the act or process that produces an effect.
In a personal injury case, you must establish causation – meaning that it’s not enough to show that the defendant was negligent. The negligence must be what caused the complainant’s injuries. Causation essentially means proof of negligence. Causation in negligence can be hard to determine because every negligence case is subjective. It is not always obvious, so there needs to be legal parameters to follow to determine the cause of negligence. Because of the nuances, it is important to work with an experienced personal injury lawyer at Burger Law who understands both parts of causation:
Cause-in-fact, also known as factual causation or actual cause, is the actual evidence, or facts of the case, that prove a party is at fault for causing the other person’s harm, damages or losses. It seeks to answer a question to the “but-for” test – asking if the victim was harmed, was that harm directly caused by the defendant’s actions? Another way to think about it is: But for the existence of ABC, would XYZ have happened?
Unlike the fact-based timeline of factual causation, proximate causation is a trickier legal concept. Proximate causation is about opinions and options that are not necessarily rooted in fact, but rather about finding out whether or not the injury would have occurred without the proximate cause. It asks the question: Is it reasonable that the defendant knew their actions could and would cause harm? Proximate causation needs to be a direct cause of the harm that was done. It cannot be anything coincidental or abnormal. It also cannot be foreseeable.
An example of causation in negligence would be a homeowner leaving the surrounding their backyard pool unlocked. Suppose a child opens the gate, falls into the pool and drowns. The homeowner’s negligent action caused the accident, so causation could be established. However, if a child climbed over the fence at the other end of the pool, fell into the pool and drowned, the homeowner would not be liable. Although there was negligence in both examples, the negligence in this case did not cause the child’s accident. The accident would have happened even if the gate had been locked.
Client Reviews
Year of 2023 
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
7 months ago I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
3 months ago Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
a year ago We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
a year ago They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
5 months ago Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
2 months ago Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
11 months ago Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!
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