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Proving a Personal Injury Case – Four Hurdles to Clear

Personal injury is an area of law that gets a lot of attention from the media, and not all of it is positive. Depictions of ‘easy money’ and ‘quick settlements’ are profiled and boasted about all too often, but the notion that recovering for injuries suffered is a simple process could not be further from the truth. The Stevens Point personal injury lawyers at Habush Habush & Rottier S.C. ® have been helping injured victims for many years, and below are the four elements that must be proven by attorneys in order to secure a favorable verdict for a client.

1. Duty

The concept of duty is somewhat intangible in nature, but basically, the law requires everyone to adhere to a duty of care to others. That means that no one is allowed to do something or not do something that could be foreseen to place other people in unreasonable danger. The plaintiff must establish that he or she was owed that duty by the defendant.

2. Breach of Duty

After the plaintiff has established that a duty of care is present, he or she must then prove that the defendant breached that duty. A defendant is deemed to have breached the duty of care if he or she does not meet the ‘reasonable person’ standard. This standard is another legal reality, in that the defendant must be seen to have not acted as another reasonable person would’ve acted in a similar situation.

3. Causation

Causation is the most difficult element to prove in a personal injury case. The plaintiff must show that the defendant’s breach of duty led to the injuries that the plaintiff suffered. This may sound quite simple, but there are several theories that can be used to do so. The end result is that a link, either direct or indirect, must be established between the defendant’s actions and the plaintiff’s injuries.

4. Damages

Finally, if all three of the elements above are proven, the plaintiff must show damages. This can be done by offering medical bills and lost income statements into evidence, but a plaintiff can also pursue a less direct mode of damages, including pain and suffering and loss of companionship.

Generally, successfully holding someone accountable for actions that led to your injuries is not a simple process, but one that a Stevens Point personal injury lawyer at Habush Habush & Rottier S.C. ® has handled thousands of times. Contact the firm today to schedule a free initial consultation.