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Serious Injury Litigation FAQ

Philadelphia, Pennsylvania

The Requirement of Proving Causation of Your Injuries - What is Legal Cause?

In Pennsylvania in order to recover monetary damages in a personal injury lawsuit the injured plaintiff must prove the legal element of causation to the trier of fact. This is known as "legal cause" and means that the defendant's conduct must have produced the harm or injury for which money is claimed. The Pennsylvania suggested Civil Jury Instructions now ask the jury to determine whether the wrongful or negligent conduct of the defendant was a "factual cause" of the harm.

More than one defendant's conduct may be a "factual cause" of your injury. Further the defendant(s) must take the plaintiff as they find him or her, meaning that by carelessly placing the proverbial straw on the camel's back, they are to pay for the whole injury.

Here is part of the standard Pennsylvania instruction:

3.25 (Civ) FACTUAL CAUSE

The plaintiff must prove to you that the defendant's conduct caused the plaintiff's damages.

This is referred to as "factual cause." The question is: "Was the defendant's negligent conduct a factual cause in bringing about the plaintiff's damages?"

Conduct is a factual cause of harm when the harm would not have occurred absent the conduct. An act is a factual cause of an outcome if, in the absence of the act, the outcome would not have occurred.

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