4 Elements Required For Personal Injury Claims
When a person is injured because of someone else’s negligent conduct, they will need four distinct elements to be present to file a claim.
1. The Presence of a Duty
Every personal 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. For example, a driver has a duty to lawfully stop at a stop sign. In more complicated situations, a company or person may have the duty to prevent injuries with their product or on their property.
2. Breach of the Duty
In order to successfully prosecute a personal injury claim, not only must a duty exist, but also the duty related to the incident must have been breached, creating the potential for blame to be placed upon the defendant. For example, if a defendant driver has a “duty” to stop at a stop sign and if that driver fails to stop at that stop sign, he or she breaches his or her duty.
3. An Injury Of The Claimant
A claimant needs to sustain a physical, emotional, or financial injury for a claim to be filed. This injury must result from a defendant breaking a duty. Without evidence of this injury, a lawsuit may not go forward. Injuries are often referred to as “damages” in the legal context.
4. Causation in Personal Injury Claims
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. For example, if a defendant driver fails to stop at a stop sign and strikes another driver that had the legal right of way and that driver sustains injuries, then the defendant’s negligence caused the other driver’s injuries.
Contact a Personal Injury Claim Lawyer
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 personal injury claim options, contact the personal injury attorneys of Habush Habush & Rottier today.
Attorney Steven T. Botzau
Steve Botzau is the managing attorney in the firm’s Racine and Kenosha offices. He was certified as a civil trial specialist in 1997 by the National Board of Trial Advocacy and was recently selected for exclusive membership in the American Board of Trial Advocates. Steve has completed over 100 civil jury trials.
Steve has been recognized as a Super Lawyer since 2005. He has been among the top 50 attorneys in the State of Wisconsin since 2011, and has been among the top 25 attorneys in the Milwaukee area in 2011 and from 2013-2021.