Proving someone is responsible for your personal injuries implies the at-fault party acted negligently. Understanding and proving negligence is the core of a successful personal injury claim. At MacGillis Law Group, LLC, we have decades of experience in providing the best legal representation and securing maximum compensation for clients. In this blog, we understand the 5 elements of negligence in a Wisconsin personal injury claim to hold another party accountable for their negligent behavior.
What is Negligence in Personal Injury Law?
Negligence in personal law is more than just careless behaviour. It is the violation of the duty of care that hurts another person. In such cases, the personal injury lawyers in Milwaukee need to prove negligence to recover compensation, including medical expenses, lost income, mental distress, and other damages.
5 Elements of Negligence in Personal Injury Claims
To prove negligence, the personal injury lawyer has to prove the following 5 elements to win the lawsuit.
- Duty of Care: Every person has a responsibility to act with reasonable caution to avoid any harm to others. This duty of care differs from situation to situation; for instance, a motorist must follow the traffic laws to prevent accidents.
- Breach of Duty of Care: A breach happens when someone fails to meet the duty of care and acts carelessly and recklessly.
- Causation: This links the breach of duty and the injuries sustained. For instance traffic rule violation led to an accident.
- Forseeability of Harm: This implies that the harm suffered was a foreseeable result of the breach. It means the consequence of the behaviour was predictable or reasonably anticipated. For instance, it is foreseeable that violating traffic laws can cause an accident.
- Existence of Damage: It refers to monetary damage awarded to the injured party for the losses incurred due to another person’s negligence. The goal of the personal injury case is to secure compensation for damage caused due to others’ actions.
How To Prove the 5 Elements of Negligence in Wisconsin Personal Injury Claims
Proving negligence requires evidence. For instance, in a car accident, lawyers build the driver’s duty of care through traffic laws. The evidence can include:
- Video footage
- Photographs of a damaged vehicle
- Witness statement
- Medical records
- Testimony from medical experts
Injured Due to Neglience? Trust MacGillis Law Group, LLC for Legal Help
If you have been injured due to another’s negligent behaviour, MacGillis Law Group, LLC, a Wisconsin Personal Injury Lawyers, has years of experience and expertise in navigating these elements, gathering crucial evidence, and fighting for your right to fair compensation. Contact us for a free consultation. Let us protect you.