What is proximate cause in brain injury cases?

Categories: Personal Injury

Brain injuries are severe and tend to be life-changing. These injuries are medically complex and require extensive knowledge to recover just compensation. These lawsuits can be very impactful when looking at negligence, proximate cause, and the damages sustained.

If you or someone you care for has suffered a brain injury, seeking the correct type of assistance is critical. Speaking with our San Luis Obispo brain injury lawyers can make your recovery easier and even support those around you. At Ernst Law Group, we advocate for those affected by brain injuries and do what is necessary to make life move forward.

Holding someone accountable for causing traumatic brain injuries

The law recognizes that there are various ways you can sustain brain injuries. Because of this, the law also recognizes that victims have different avenues through recovering compensation for their losses. When seeking compensation for these losses, it’s essential to enlist the assistance of an experienced and compassionate lawyer.

Don Ernst and his team at Ernst Law Group advocate for those who have suffered severe brain injuries and offer the necessary resources for recovery. However, the following elements must be met before holding someone accountable for damages after negligence is determined.

  1. Another party had a duty of care and was expected to act reasonably
  2. There was a breach in this duty of care, and careless actions caused your injuries.
  3. Due to this breach, injuries were caused directly by the individual’s recklessness.
  4. You have sustained documented and calculated damages and losses.

Actual cause and proximate cause

Under causation, you must have enough proof to confidently determine that it was the other party in question who caused your brain injury. It’s not as simple as having evidence that led to your injuries; two parts must be present.

1. Actual cause

To prove this, you must show that another person’s negligence injured you. And, if the other party didn’t breach their duty of care, you’d sustain no injuries. This is the straightforward part, whereas the next part isn’t.

2. Proximate cause

So, what is proximate cause? This term is called foreseeability within an accident and will only hold the other party fully accountable for foreseeable injuries once they breach their duty.

Proximate cause is tricky to determine, so a skilled lawyer must look at your case and predict what would theoretically happen once this breach was started. This is important because once the chain reaction of the party’s breach of duty of care comes to a natural end, they cannot be held further for any injuries sustained.

The common causes of traumatic brain injuries

Traumatic brain injuries, known as TBIs, include a range of brain injuries. Mild injuries like concussions or life-threatening brain damage fall under the category of TBIs. Some of the most common causes of TBIs include the following.

  • Car accidents – As one of the leading causes of TBIs, car accidents can bring on brain damage in many ways. Many victims can slam their heads directly on the body of a car or be shaken so violently that brain damage is caused.
  • Slip and fall accidents – If a person loses their balance and falls, their head will likely hit many points. The CDC revealed that falls are one of the leading causes of severe brain injuries.
  • Truck accidents – Because commercial trucks are larger than cars, more severe injuries are sustained from these accidents. In truck accidents, TBIs are often coupled with other serious injuries.
  • Bicycle accidents – Those who ride bikes on the streets of California are much more vulnerable to serious injuries. Bicyclists hit by other vehicles are likely to face serious injuries, including TBIs.
  • Motorcycle accidents – When a motorcycle gets hit directly by another large vehicle, the outcome is as expected. TBIs can occur from the driver hitting the ground or another vehicle at high speeds. Typically, more serious TBIs arise from motorcycle accidents.
  • Defective products – Products can encompass children’s toys, furniture, electronics, or clothing. For example, if your furniture breaks during use, you may fall incorrectly and hit your head. The same goes for clothing; if shoes are improperly made, you are more likely to slip and fall, potentially causing head injuries.

Don’t let your injuries affect your life any more than they have

For more than 39 years, Ernst Law Group has been leading the way for those with traumatic brain injuries. Our team fights hard for those actively trying to put their lives together after things turn upside down due to someone’s negligence. Do not be defeated after what you have been through; we are here to support you and the ones affected every step of the way.

If you wish to schedule a free consultation, call us today at (805) 541-0300. No matter your questions or the help you need, we will always protect the underdog.