What You Need to Prove in a Personal Injury Case

Unfortunately, one of the biggest errors in perception in existence in regards to the legal industry is that when someone is injured, all it takes is a few phone calls, a few meetings with an attorney and some basic legwork, and the next thing you know, a check arrives in the mail. Basically, nothing could be further from the truth.

If you or someone you love has been injured, you need the help of a Madison personal injury attorney from Habush Habush & Rottier, S.C. The attorneys at Habush Habush & Rottier, S.C. have handled thousands of personal injury cases successfully, and below is an example of how a personal injury case must be proven in court. In the meantime, if you need legal help, contact the Madison personal injury attorneys at Habush Habush & Rottier, S.C. today to schedule a free initial consultation.

The Elements of Negligence

For the purpose of this writing, we'll assume that a driver of a car, Mr. Y, was legally crossing through an intersection when he was side-swiped by Mr. Z, who had run through the red light in his direction, into the intersection and collided with Mr. Y, leaving Mr. Y with a broken leg, three broken ribs and a serious concussion.

1. Duty

The law assumes that a duty of care exists for all people in relation to any other person. In this instance, Mr. Z owed a duty to all the other drivers on the road not to break traffic laws and increase the risk of danger. Clearly, it can be proven here that Mr. Z had a duty.

2. Breach of Duty

Assuming that the plaintiff proves that a duty was present, Mr. Y must next prove that Mr. Z breached that duty. That's done by comparing Mr. Z's conduct to that of a "reasonable person," which is the typical standard used. Mr. Y must prove that a reasonable person would not have run the red light at the intersection, and if he's successful in doing so, he has proven that Mr. Z breached the duty of care.

3. Causation

This is the most complicated element of proving a negligence claim. Mr. Y must prove that Mr. Z's breach of duty directly led to Mr. Y's injuries. That can be established here, unless it's proven that some other cause led to Mr. Y's injuries and car damage. Since that's not part of the fact pattern here, it can be proven that but for Mr. Z's conduct, Mr. Y would not have been injured.

4. Damages

Finally, if all three of the other elements are proven, Mr. Y must also prove damages. He can do so successfully here by showing how much in the way of medical bills he incurred, the damage to his car and any lost wages from missing work if that was necessary. Mr. Y can also collect damages for pain and suffering and perhaps emotional anguish.

As you see, proving negligence is much more difficult than making a few phone calls. If you or someone you love has been injured in any way, contact a Madison personal injury attorney at Habush Habush & Rottier, S.C. today to schedule a free initial consultation.