Proving a Personal Injury Claim - Four Hurdles to a Justifiable Recovery

If you have been injured as a result of someone else's actions, you face medical, emotional, financial and potential legal issues that need to be handled. Being forced to handle all of these issues at one time can be overwhelming for anyone, particularly someone who is in pain and suffering in general.

The best way to take on this issue is to allow yourself the opportunity to focus on your physical and emotional recovery. An Appleton personal injury attorney at Habush Habush & Rottier, S.C. can handle the rest, and before you take the ill-advised step of attempting to handle the legal aspect of this situation by yourself, you need to consider the elements that need to be proven should your case go to trial, which appear for your review below.

1. Duty

The concept of 'duty' is such that personal injury standards assume that everyone owes everyone around them a duty to not place others in situations that present an unreasonable risk of harm. That's somewhat simplified in its description, but basically, you'll need to show that you were owed this general duty of care by the defendant.

2. Breach of Duty

After you've established that a duty exists, you need to take the next step and show that the defendant breached that duty. Usually, a judge will instruct a jury to apply a 'reasonable person' standard to the facts. This means that an action that was or was not taken needs to fall in line with what any other 'reasonable' person in like circumstances would've done. If the conduct is not deemed 'reasonable,' then the duty of care has been breached.

3. Causation

This element is by far the most complicated to prove. The plaintiff needs to show that the actions or failure to act on the part of the defendant led to the injuries suffered. Basically, a link between the breach of the duty of care and the resulting injuries needs to be established, and there are several 'standards' that can be used to do so. Every plaintiff must establish that link.

4. Damages

Finally, the plaintiff must also show that he or she suffered damages as a result of the first three elements. These damages can be tangible, with examples being medical bills and/or lost waged incurred, but can also be intangible, such as damages for pain and suffering or emotional distress.

As you see, proving a personal injury claim in court is no small matter. In order to be able to put all of your focus towards recovery, contact an Appleton personal injury lawyer at Habush Habush & Rottier, S.C. today to schedule a free consultation.