Personal Injury Lawyer - Proving your case. What is causation and damages in a personal injury case?
In order to establish a case for negligence four elements must be shown: a duty, a breach of that duty, causation, and resulting damages. “A plaintiff in a negligence action is required to adduce evidence showing there was a negligent act on the part of the defendant and that such act was the cause of the plaintiff’s injury. To be negligent, the defendant’s breach of duty must be related to the cause of the underlying accident and the resulting damage.” 65 C.J.S. Negligence § 189 (2005). Similarly in Larrimore v. American National Ins. Co., 184 Okla. 614, 617 (1939), the Oklahoma Supreme Court said, “[T]he evidence, to justify a finding of negligence, must show a breach of duty on the part of the defendant, such that a reasonable person should have foreseen would as a ‘natural consequence’ cause an injury.” See also Chicago R.I. & P. Ry. Co. v. Nagle, 55 Okla. 235.