There are several things that a Buffalo personal injury lawyer must prove to successfully represent an injured client. “Proximate cause” is one of the issues that must be proven in every personal injury case.
An event or action is considered a “proximate cause” in a personal injury case if it was a substantial factor in bringing about the injury. To successfully pursue a claim for damages, a personal injury lawyer must be able to prove that a negligent or reckless act of the defendant was a proximate cause of the plaintiff’s injury.
When deciding whether the actions of a defendant were a proximate cause of an injury, the standard usually used by the judge or jury is whether a “reasonable person” would consider the act a cause of the injury. If the judge or jury believes a reasonable person would reach this conclusion, then they must find that the act was a proximate cause and, therefore, the defendant is responsible for the injury.
It is possible for someone to be negligent – or even deliberately reckless – and still not be responsible for an accident. This can occur when the judge or jury decides that although a defendant did not act properly, the incident that led to the injury would have happened anyway.
Just because an act is found to be a proximate cause of an injury, it does not have to be the only cause. When the acts of more than one person combine to create a dangerous situation, each of these acts may be found to have been a proximate cause. In this situation, more than one person could be legally responsible for an injury.
If you have suffered a personal injury and have any questions, we can help you. Call us at 716-631-9999.
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