At Harris Fowler Solicitors, we understand that the legal process following a personal injury can feel overwhelming. One of the most important, and sometimes misunderstood, aspects of bringing a successful personal injury claim is the concept of causation.
If you’ve been injured and are thinking about pursuing compensation, understanding causation is key. In short, it’s not enough to show that you’ve been injured, you must also prove that someone else caused that injury.
What Is Causation?
In legal terms, causation is the link between the defendant’s breach of duty (for example, negligent driving or failing to maintain a safe environment) and the injury or harm you suffered.
Two Stages of Causation
There are two main parts to proving causation in England and Wales:
- Factual Causation
This involves showing that the injury would not have happened without the defendant’s negligence. For example, if you slipped on a wet supermarket floor that had no warning signs, factual causation would look at whether that negligence directly led to your fall and resulting injuries. Factual causation commonly concerns the ‘but for’ test. This asks the question: “Would the injury have occurred ‘but for’ the defendant’s actions or omissions? - Legal Causation (Remoteness of Damage)
Legal causation limits liability to harm that was a reasonably foreseeable consequence of the defendant’s actions. If the harm is too distant or unexpected, the law may not impose liability, even if factual causation is established. This can typically involve questions of whether or not there is a clear link between the responsible parties action or lack thereof and the injury suffered or whether a 3rd party intervention would break the link (Novus actus interveniens) among other factors.
Why Is Causation So Important?
Causation is essential because even if there is clear negligence, you cannot succeed in your claim unless you can prove the negligence caused your injury. This is particularly relevant in complex cases, such as those involving:
- Pre-existing medical conditions
- Multiple potential causes of injury
- Medical negligence where the outcome may have occurred regardless of the alleged mistake
In such cases, expert medical evidence is often required to clarify whether the negligence more likely than not led to your injury. This is known as proving causation on the balance of probabilities – meaning it is more than 50% likely that the negligence caused the harm.
How We Help You Prove Causation
At Harris Fowler, we work closely with medical and legal experts to gather the evidence needed to prove causation in your claim. This may involve:
- Medical records and expert reports
- Witness statements
- Accident reports or CCTV evidence
- Detailed timelines and assessments of your injury progression
We ensure your claim is built on a strong foundation so you have the best possible chance of securing fair compensation.
Speak to Us Today
If you’ve suffered a personal injury and want to understand whether you have a valid claim, our team at Harris Fowler Solicitors is here to help. We offer free initial advice and often work on a ‘No Win, No Fee’ basis.
