A cause of action is “a set of predefined factual elements that allow for a legal remedy,” according to Cornell Law School’s Legal Information Institute (LII).
Causation is a “factual connection between an act and a consequence that in some way follows from that act,” according to LexisNexis.
What Are Cause of Action and Causation in Layman’s Terms?
A cause of action is a set of facts you prove that establishes your case.
Causation establishes a link between the other person’s actions and your harm.
Examples of Cause of Action and Causation
There are several different causes of action that would entitle you to compensation:
- Negligence, such as personal injury
- Breach of contract
- Medical malpractice
- Fraud
Examples of causation include:
- A driver runs a red light on Atlantic Ave and hits a pedestrian. The pedestrian suffers catastrophic injuries.
- An MTA train conductor operates the C train while intoxicated and crashes into another train. Dozens of people are killed and injured.
- A medical provider performs surgery on the wrong person. The person underwent unnecessary surgery and still requires their original surgery.
- A contractor on a building site in the Bronx fails to provide workers with tool lanyards. After a worker drops a hammer from an elevated height, a worker on the ground suffers a severe traumatic brain injury.
What Does This Mean for You?
To have a valid injury case, you must be able to establish a cause of action.
A cause of action in a negligence case requires you to establish the following elements:
- Duty: The other party must have owed you a duty of care. This duty depends on the situation, but typically, the duty is to avoid causing harm.
- Breach of duty: The other party failed to uphold their duty. Examples of a breach of duty could include driving while intoxicated, failing to fix a broken handrail, operating on the wrong person, failing to provide workers with fall prevention equipment, or hiring someone with a history of reckless driving.
- Causation: The breach of duty has a direct link to your accident and injury.
- Damages: You suffered harm, such as medical bills, lost wages, and pain and suffering.
As you can see, causation is a part of a cause of action. Without causation, you don’t have a case.
