What is a Cause of Action in a Personal Injury Claim?

Personal injury falls under the category of tort law.  A cause of action, in tort law, is a set of facts adequate enough to justify a right for a plaintiff to sue / bring suit to obtain money, property, or the enforcement of a right against another party. While some torts would also be considered crimes that could be tried in a criminal trial, the primary purpose of tort law is to provide relief for the damages incurred by the victim and deter others from perpetrating the same harm to others.

Cause of action in personal injury claims

In a personal injury claim, a plaintiff may bring multiple causes of action. Some causes of action are defined in statutes; others have been developed over time by the courts. Types of cause of action in personal injury claims include:

• Loss of consortium (normal marital relations)
• Negligence such as in a breach of duty
• Assault
• Battery
• Intentional infliction of emotional distress

How do plaintiffs prevail on a cause of action?

To prevail on a cause of action, a plaintiff must prove each of a series of facts known as elements of the chosen cause of action. If a plaintiff is not able to prove one cause of action they may still be able to recover in one of the other causes of action included in the lawsuit. When a plaintiff successfully proves a cause of action, the defendant is deemed liable for damages such as medical bills, pain and suffering, and lost wages caused by the victim’s injury.

How to choose the right cause of action

Choosing the right cause of action is critical to the success of a personal injury case. The best way to decide how to choose the right causes of action for your case is to discuss your legal rights and options with an experienced personal injury attorney. The attorney will be familiar with the statute of limitations and the elements that must be proved for each type of cause of action. The statute of limitations is a defined period of time that a plaintiff can sue after an injury occurred. To prove negligence the plaintiff must show that negligence was the cause of the injury and in most medical malpractice cases require expert testimony to prove how the healthcare provider violated his or her duty of care.

Note that your cause of action limits the evidence that you are able to present if your case goes to trial. If you choose to leave out a cause of action then you will not be able to provide evidence for that cause unless it relates to the cause of action you did allege.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other negligence. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.