Did the person or company that injured you have a duty not to injure you?
The first step in determining whether you have a valid claim for personal injuries in Wisconsin is determining whether the individual or company that caused your injury actually had a duty not to injure you. Such duties are often set forth in the Wisconsin statutes. For example, in a car accident injury case, there are Rules of the Road which all drivers must follow.
Did the other person or company violate their duty?
In our car accident example, if the other driver ran a red light, then they violated their duty, or "Rule of the Road."
Was the violation of the duty the cause of my injury?
This step is often referred to as the "proximate cause" step. The injured party must prove that the negligent person or company caused their injury. This step usually requires expert testimony, such as a doctor stating that the car accident caused the specific injury.
Do I have damages as a result of the injury?
This step requires the injured party to establish that negligence which caused the injury resulted in damages. In Wisconsin there are six major areas of damages in personal injury cases:
1. Past Medical Bills
2. Past Wage Loss
3. Past Pain, Suffering & Disability
4. Future Medical Bills
5. Future Wage Loss
6. Future Pain, Suffering & Disability
Expert testimony is usually required to establish any such damages, and, of course, to relate them to the particular accident.
Additional resources provided by the author
For more information on particular types of Wisconsin accidents and Wisconsin injuries please visit my website.
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