Proving Causation in a Texas Personal Injury Case
When you get hurt because someone else cut corners or simply was not paying attention, you live with the consequences every single day. You feel the pain, you see the medical bills piling up, and you deal with work, family, and daily life getting turned upside down. To you, the connection between what happened and how you feel now is obvious. Under Texas law, though, it is not enough for you to know in your gut that the accident caused your injuries. To move a personal injury claim forward, we have to prove causation. That means we have to clearly show that the other person or company’s choices led to the unsafe condition or crash, and that this directly resulted in your injuries and losses.
Our Approach to Causation
I am Brad Parker, the attorney you want but wish that you never need. At Parker Law Firm Injury Lawyers, we know most people who call us have never dealt with a personal injury claim before. You may be nervous, angry, or just exhausted. My job is to explain this process in plain English and handle the heavy lifting so you can focus on healing. Our philosophy is simple. People matter. When I talk about causation in a Texas personal injury case, I am talking about telling your story in a way that makes sense to an adjuster, a defense lawyer, or a jury, and backing that story up with solid evidence.
Actual Cause and Proximate Cause
In Texas, proving causation usually means answering two questions. First, we look at what lawyers call “actual cause” or “cause in fact.” That’s just a fancy way of asking: would you have been hurt if the other person had done what they were supposed to do? In other words, if not for the unsafe condition or careless act, would you be injured today? If a driver runs a red light and hits your car, or a store leaves a puddle on the floor, and you slip, it’s usually pretty obvious that their actions caused the crash or the fall. Second, we look at “proximate cause.”
This just means: was it reasonably predictable that someone could get hurt the way you did? For example, if a property owner ignores a broken handrail or a rotted step, it’s no shock when someone falls. The law isn’t about freak accidents that no one could see coming. It’s about the kind of harm anyone would expect if basic safety is ignored.
The “But For” and “Substantial Factor” Tests
Texas courts often use what’s called the ‘but for’ test to figure out actual cause. Would you have been hurt but for the other person’s actions? If the answer is no, then their choices are a real cause of what happened. But life isn’t always that simple. Sometimes, more than one thing leads to an injury. In such cases, courts use the ‘substantial factor’ test. This means that someone can still be held responsible even if their carelessness was only part of what caused your injury, even if other factors also played a role. For example, in a multi-car pileup, one driver might be responsible for starting the chain reaction by overspeeding or looking at their phone. The other cars might crash because they can’t stop quickly. Our job is to show that the first driver’s choices were a major reason for this crash, even if others made mistakes too.
Duty, Breach, and Causation
Causation works together with two other basics in any negligence case: duty and breach. In every Texas personal injury case, whether it’s a car wreck or a dangerous property accident. We have to show that someone owed you a duty to act reasonably, that they didn’t do so, and that the failure caused you injury. When we’re dealing with unsafe stairs, walkways, or other hazards, we often look at building codes and security rules.
If there are violations or negligence in how a property was built or maintained, that can help your case. But just proving a code was broken isn’t enough. We have to link that violation to what actually happened to you. For example, if a code says a handrail must be of a certain height, and you fell because there was no good handhold where the rail should have been, we show how that code violation played a real role in your injury. If you want more details on how these cases work, we can point you to our information on premises liability in Texas at /texas-premises-liability.
Evidence to Prove Causation
Proving causation in a Texas personal injury case comes down to evidence. Medical records are usually the backbone. It’s not just about having bills, it’s about having clear notes that show when your symptoms started, how they’ve changed, and what your doctors think caused them. When we work with you, we make sure your doctors understand how important it is to document the source of your injury. For example, if you had no neck pain before a crash and start reporting it at your first ER visit, and later imaging shows a herniated disc, those records help us connect the dots. In more complicated cases, like brain injuries, spinal injuries, or situations with pre-existing conditions, we bring in medical experts who can explain how the forces from a crash, fall, or other event match up with the injuries you have.
We also have a close look at the scene where you got hurt. In a car wreck, that might mean taking photos of the vehicles, checking skid marks, or, if possible, pulling data from event recorders. In a slip-and-fall, it could mean documenting a broken step, a missing handrail, or a spill that should have been cleaned up. While building code cases, we often bring in engineers or safety experts who know the standards and can explain how choices like the wrong materials, poor grading, or missing guardrails turned a space into a big hazard. They help make sense of why the conditions were unsafe, not just technically wrong.
Witnesses and Preserving Evidence
Witness statements are another key part of proving your case. Maybe someone saw you fall on a wet floor, a neighbor complained about a loose railing, or a passenger saw a driver looking at their phone right before a crash. These details can make your story much stronger. We move quickly to talk to witnesses while their memories are still fresh. We also send letters to businesses, trucking companies, and property owners, to them to keep important evidence like video footage or maintenance records. If they get rid of key evidence after getting our letter, that can be used against them later.
How Insurance Companies Challenge Causation
Insurance companies and defense lawyers almost always attack causation. One of their favorite moves is to blame your problems on a pre-existing condition. If you had any neck, back, or joint issues before, they’ll say the crash or fall didn’t really make things worse. But under Texas law, the person who hurt you has to take you as they find you. If you were more vulnerable than someone else, and their actions made your condition worse or turned a minor issue into a serious one, they can still be held responsible.
We work with your doctors and outside experts to compare your old medical images with new ones and show what really changed after the accident. Sometimes the defense will argue that something else, not the original event, caused your current problems. Our job is to build a clear timeline that shows how you felt before the injury, what happened at the time, and how your symptoms have altered since then. When we can show a clear, step-by-step story that starts with the act of negligence and leads to this current situation it becomesharder for the other side to break that chain.
Comparative Negligence in Texas
Texas uses a modified comparative negligence system, sometimes called the ’51 percent bar rule.’ What does that mean for you? If a jury decides you were more than 50 percent responsible for your own injury, you can’t recover damages from the other party. If you’re 50 percent or less at fault, your compensation can be reduced by your share of the blame. Defense lawyers use this rule to argue that you caused your own injuries. In a premises case, they might say you weren’t watching where you were walking. In a car case, they might say you were driving too fast and overspeeding. Part of our job is to show that the other side’s actions were the main cause of what happened, and that any mistakes you made were minor by comparison.
Causation in Different Types of Cases
Causation can look different depending on the type of case. In a premises case, like a fall or a structural failure, we usually have to show there was a dangerous condition, that the owner or person in charge knew or should have known about it, and that this specific hazard caused your injury. Sometimes the danger comes from building code violations, such as stair treads that are too shallow, have missing guardrails, or have poor lighting. In these cases, it’s natural to wonder who is responsible for the code violations. It could be the current owner, a property manager, or even the contractor who built or changed the structure. We dig into records, work histories, and past complaints to figure out where things went wrong and how that led to your injuries.
Car Accidents and Medical Malpractice
Car accident cases usually focus on what the drivers did and how the crash happened. We might look at impact points, damage, and electronic data to show that one driver failed to yield, followed too closely, or was distracted. In multi-car crashes, we look at the sequence of impacts to find out who really started the chain reaction. Medical malpractice cases are more technical. We may need board-certified doctors to explain what should have happened and how a missed diagnosis, surgical mistake, or medication error changed the outcome. In all these cases, our job is to take complicated facts and turn them into clear, simple stories that show how the harm happened exactly.
Timing and Deadlines
Timing is another key factor when you’re thinking about causation and your legal rights. Texas law usually gives you a limited window to file a personal injury lawsuit, often just a few years. If a government entity is involved, the deadlines can be even shorter. There are some exceptions, like if a child is hurt or if the injury wasn’t discovered right away, but you should never assume an exception applies to you. Deadlines can be short and depend on your situation. The best thing you can do is to talk to a Texas injury lawyer as soon as possible. If you want more information about how these deadlines work, check out our overview of the statute of limitations for personal injury in Texas on our website.
Causation and Types of Damages
Causation also affects what kinds of damages you can claim. Economic damages are the financial costs from your injuries, like medical bills, lost wages, and out-of-pocket expenses. To get these, we have to show they were needed because of that accident, not something else. Non-economic damages are about the human side of what you’re going through. This includes your pain, mental anguish, loss of enjoyment of life, and how your relationships and daily activities have changed.
There’s no set formula in Texas for putting a dollar amount on these losses. Instead, we show how your life has changed, often through your own words and the testimony of people who are close to you. We explain how the accident has affected your sleep, your work, your family, and the hobbies you used to enjoy. All of this is still part of causation. We have to show these changes came from the negligent act we’re suing over.
Do You Have a Case?
If you’re reading this and wondering if you even have a case, you’re not alone. Many people call us just to ask if what happened to them ‘counts.’ Maybe you’re asking if you can sue for building code violations after a fall in your apartment complex, or if the other driver is really at fault when the police report lists more than one contributing factor.
These are exactly the kinds of questions we help you sort out. When you reach out to Parker Law Firm, we set up a free, no-pressure consultation. We listen to your story, look at any photos, records, or insurance letters you have, and talk honestly with you about your options. There’s no fee unless we win, so our interests are aligned with yours.
If we don’t think we can prove causation and move your case forward, we’ll tell you that up front and explain to you why.
Our Commitment to You
Throughout this process, we treat you like our family. That’s not just a slogan. It means we return your calls, explain each step before it happens, and make sure you understand your choices. We fight hard for you in negotiations and, if needed, in the courtroom, but we never forget you’re a real person dealing with real pain.
If you have questions about how causation might affect your case, or you just need someone to walk you through what to do next, call Parker Law Firm Injury Lawyers at (817) 503-9200. This information is for general purposes only and does not create an attorney–client relationship. Talk with a licensed Texas attorney about your specific situation so you can make informed decisions about seeking justice for yourself and your family.
