The success of a personal injury claim depends on how strong the evidence is. In personal injury cases, to claim damages, proving negligence on the part of another party is crucial. Evidence like medical records, photographs, CCTV footage, and witness testimony supports your claim that another person’s negligence and action caused you harm. Evidence is critical to evaluate economic and non-economic losses caused by the negligent party.
Understanding Elements of Negligence in Personal Injury Claims
To prove negligence and build a strong case, the Milwaukee personal injury attorney must fulfil the 5 elements of negligence.
- Duty of Caer: One of the foundational steps in a personal injury claim is establishing the duty of care. This is a legal responsibility requiring an individual to act with reasonable caution to avoid harm to others.
- Breach of Duty of Care: This happens when someone acts carelessly or neglects legal responsibilities. Demonstrating a breach of duty directly links the at-fault party’s behaviour that resulted in injury.
- Causation: This serves as the bridge between the defendant’s breach of duty and injuries suffered by the injured victim in a personal injury claim. For instance, a red signal violation caused the accident. In such cases, you need to prove a breach of duty caused the accident. However, the case might become complicated if other factors other than breach of duty caused the accident. In such cases, in Wisconsin, contributory negligence applies where the injured victim might be partly responsible for their injuries. But, if the victim is less than 50% responsible for the accident, they can seek damages from the at-fault party.
- Proximate Cause: This element states that the accident was a foreseeable result of the breach. This limits responsibility, and if the possibility of harm is not something that the other party could have anticipated.
- Existence of Damages: This includes actual damage resulting from negligence, like economic and non-economic damages. If the at-fault party breached the duty of care but there are no damages or injuries, there is no case.
Crucial Forms of Evidence to Strengthen Your Personal Injury Case
Gathering a substantial body of evidence is crucial to proving another party’s negligence.
- Photos of Your Injuries
After the accident, the most important thing is to take pictures of your injuries even before receiving treatment. Also, take pictures throughout the treatment and recovery process. This can help establish the extent of your injuries and their long-lasting effects. - Photos of Accident Site
Take pictures of the vehicles involved in the accident, the road, your damaged vehicle and the surrounding area that can help demonstrate the other party’s negligence and how you sustained injuries. - Video of Accident
Gather videos from security cameras and dashcams that show the accidents and what led to the accident. This helps establish evidence of the driver’s negligent behaviour. - Witness Testimony
Identifying eyewitnesses and collecting their testimony as soon as possible can help establish the circumstances surrounding the accident. Also, expert testimony can help establish causation. - Medical Records
Medical documents from doctors and medical professionals help prove injuries and their extent.
Contact MacGillis Law, Group, LLC To Protect Your Rights
A personal injury attorney in Milwaukee plays a crucial role in guiding you through the complex process of proving negligence in your claim. At MacGillis Law Group, LLC, our legal team’s experience lies in navigating the elements, collecting detailed evidence and advocating for the fair compensation you deserve. Contact us today for a free case review. Let us protect you.
