When an accident happens, proving who is responsible isn’t always as simple as it seems. Was the injury caused by the direct negligent action of one person, or were there other contributing factors? Establishing actual cause vs proximate cause in personal injury lawsuits is essential in determining liability and compensation.
Insurance companies often challenge causation, arguing that the defendant’s legal obligation did not extend to the injured party or that another factor contributed to the harm. Without solid evidence proving both actual cause vs. proximate cause, accident victims risk receiving reduced compensation or having their claims denied altogether.
In this blog, we’ll explain:
- The difference between actual cause and proximate cause
- How these legal concepts impact personal injury lawsuits
- Common tactics insurance companies use to dispute causation
- How a personal injury attorney can help build a strong case
If you or a loved one has suffered physical injuries due to someone else’s breach of duty, proving actual cause vs. proximate cause is crucial to securing the medical care you need and the money you deserve.
What Is Causation in Personal Injury Law?
In California personal injury lawsuits, causation refers to the relationship between the defendant’s actions and the plaintiff’s injuries. To hold someone legally responsible for an accident, the injured party must prove both actual cause and proximate cause—the two types of causation used in legal claims.
Causation is critical in all types of personal injury cases, including:
- Car accidents
- Pedestrian accidents
- Slip and fall injuries
- Product liability cases
Failing to establish causation can jeopardize a claim, giving insurance companies a reason to deny or reduce a payout.
Understanding Actual Cause (Cause-in-Fact)
Actual cause, also known as cause-in-fact, determines whether the defendant’s actions were the direct reason the injury occurred. This is often proven using the “but-for test,” which asks:
Would the injury have occurred but for the defendant’s actions?
Example of Actual Cause
A speeding driver runs a red light and collides with another vehicle, injuring the driver. In this case, the actual cause of the accident is the driver’s reckless decision to ignore the red light.
If the driver had stopped as required by law, the accident would not have occurred. This establishes cause-in-fact for the victim’s personal injury lawsuit.
Then, What is Proximate Cause (Legal Cause)?
While actual cause focuses on direct responsibility, proximate causation considers whether the injury was a foreseeable consequence of the defendant’s actions. Courts use the foreseeability test to determine whether the injury was a logical and expected result of the negligent behavior.
Example of Proximate Cause
Imagine a grocery store fails to clean up a spilled liquid in one of its aisles. Unaware of the hazard, a customer steps on the wet floor, slips, and falls backward, striking their head on the hard tile. As a result, they suffer a traumatic brain injury (TBI) that leads to ongoing medical complications and cognitive impairments.
- The actual cause is the store’s failure to clean the spill or warn customers about the hazard.
- The proximate cause is that it was foreseeable that leaving a wet floor unattended could lead to a slip and fall accident, causing serious physical injuries, such as a TBI.
Because the store had a legal obligation to maintain safe premises and prevent foreseeable risks of harm, they can be held liable under personal injury laws.
Actual Cause vs Proximate Cause: What are the Key Differences
| Factor | Actual Cause | Proximate Cause |
| Definition | Direct cause of the injury | Legal cause based on foreseeability |
| Test Used | “But-for test” (Would the injury have happened but for the defendant’s actions?) | Foreseeability test (Was the injury a predictable outcome?) |
| Example | A distracted driver runs a stop sign and crashes into another vehicle. | A store fails to clean a spill, causing a customer to slip and sustain injuries. |
| Importance in Claims | Establishes the defendant’s direct role in causing harm. | Determines if liability can be extended to the defendant. |
Both actual and proximate causation must be proven in a personal injury lawsuit to secure full compensation.
How Insurance Companies Dispute Causation
Insurance companies look for any opportunity to deny or minimize claims by arguing causation is unclear. Common tactics include:
- Claiming an intervening cause – Arguing that another factor, like a pre-existing injury, is to blame.
- Shifting liability – Suggesting that a third party (or even the victim) contributed to the accident.
- Questioning foreseeability – Stating that the injury was not a reasonably predictable outcome of the defendant’s actions.
Example of How Insurers Challenge Causation
If a person develops chronic back pain after a pedestrian accident, an insurer might argue that pre-existing conditions (rather than the accident) are the real cause of pain. Without strong medical care records, this argument can significantly reduce the settlement amount.
How to Prove Causation in a Personal Injury Case
Proving actual and proximate cause requires strong evidence, including:
- Medical records linking injuries to the accident
- Accident reports and police documentation
- Eyewitness statements supporting how the accident occurred
- Expert testimony from accident reconstruction specialists or medical professionals
A Crenshaw personal injury attorney can gather and present this evidence, ensuring insurance companies don’t unfairly dispute causation.
Bonus tip: Here is a post-accident checklist you can refer to in case you or a loved one got injured in an accident.
Your Recovery Matters—Get the Compensation You Deserve
Understanding actual cause vs. proximate cause is crucial in proving liability and securing the financial support you need after an accident. Without clear evidence of causation, insurance companies may dispute your claim, leaving you struggling with medical care costs, lost wages, and emotional distress.
By proving that the at-fault party had a legal obligation and breached it, you strengthen your case and increase your chances of obtaining full and fair compensation. You shouldn’t have to fight this battle alone—your focus should be on healing while an experienced legal representation team handles the complexities of your claim.
At Farahi Law Firm, our best personal injury lawyers in Crenshaw are committed to helping you navigate this challenging time. We’ll fight aggressively against insurance company tactics and work tirelessly to ensure you receive the medical treatment you need and the money you deserve.
Call us today for a FREE case evaluation and take the first step toward justice and financial recovery!
