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4 Elements of a Personal Injury Claim

When a person is injured because of someone else’s dangerous or thoughtless conduct, that individual may wish to consider pursuing legal action against the responsible party. However, to file a successful lawsuit, a plaintiff will need to establish four distinct facts about the case. These four facts are commonly known as the elements of a tort.

If you have been injured and are looking for assistance with your legal claim, our determined advisors are prepared to assist you. For more information regarding your legal rights and options, contact the Milwaukee injury lawyers of Habush Habush & Rottier S.C. at (414) 271-0900 today.

Basic Case Requirements

It is important to note that the ability to demonstrate the following does not necessarily indicate that one will prevail in a civil lawsuit. Rather, these are the requirements that must be met in order for a plaintiff to justifiably file a claim in the first place. The absence of one or more of these components is likely to result in the dismissal of a lawsuit.

#1: The Presence of a Duty

Every injury case starts with a duty from the defendant to the claimant. In the case of a car accident, this duty can be as simple as driving safely. In more complicated situations, a company or person may have the duty to prevent injuries with their product or on their property.

#2: The Breach of the Duty

An injury claim begins when the duty expected of the defendant was breached, creating the potential for blame to be placed upon the defendant.

#3: An Injury for the Claimant

A claimant needs to sustain a physical, emotional, or financial injury for a claim to be filed. Without evidence of this injury, a lawsuit may not go forward.

#4: Causation between the Breach of Duty and the Injury

One of the most important parts of an injury claim is needed to bring together the other elements. A claimant needs to prove that the defendant’s actions were responsible for their injuries.

Contact Us

If your injuries were caused by another person or organization’s negligence you may be eligible for compensation to address medical bills, lost wages, and other damages. To learn more about your injury claim options, contact the Milwaukee injury attorneys of Habush Habush & Rottier S.C. by calling (414) 271-0900 today.