If you or someone you love has been injured, you face many obstacles. You need to focus on your recovery, and at the same time it’s quite possible that you’re losing income if you’re unable to work. If this situation sounds familiar, the last thing you need to do is attempt to pursue a recovery from the person or people who caused your injuries by yourself.
Below are the four elements that must be proven in court for a personal injury claim to be successful, and in order to increase your chances for this desired result, you need to contact a Racine personal injury lawyer at Habush Habush & Rottier S.C. ® today to schedule a free initial consultation.
The concept of ‘duty’ is intangible in nature, and what it means is that the law imposes a duty of care to people that requires them not to place others who will potentially be around them in a situation that poses an unreasonable risk of danger.
If the plaintiff proves that a duty existed, then he or she must then prove that the defendant breached that duty of care. Courts will usually use a ‘reasonable person’ standard, whereby the jury will compare the defendant’s conduct to that of a ‘reasonable person’ in similar circumstances. If the defendant’s conduct was not similar to that of a reasonable person, then he or she has breached the duty of care.
Causation is one of the most complicated components of any type of law. Basically, the plaintiff in a personal injury case must prove that the defendant’s breach of the duty of care either directly or indirectly led to the plaintiff’s injuries. Several legal tests can be used to determine causation, but it’s a necessary element of every successful personal injury case.
Finally, if the plaintiff proves the three elements above, he or she must finally prove that actual damages were incurred. These can be proven by way of offering the court medical records and bills, statements of lost income and any other costs associated with the recovery process. The plaintiff can also ask for damages for less tangible damages including pain and suffering and loss of companionship.
As you see, successfully prosecuting a personal injury case in a courtroom is no small or simple matter. Contact a Racine personal injury lawyer at Habush Habush & Rottier S.C. ® today to schedule a free initial consultation.