Negligence is the legal standard that is used to measure liability, or financial responsibility, of a party in a personal injury case. In order to prove that an individual acted negligently in some way so as to cause the accident that led to your injuries, you must prove five different elements: duty, breach of duty, cause in fact, proximate cause, and damages.
First, you must establish that the negligent party had a duty to act in a reasonable manner toward you. Certain individuals have a duty of reasonable care toward other individuals or the public at large. For instance, drivers have a duty to drive in a reasonably safe manner, for the protection of other drivers, passengers, and pedestrian.
Next, you must establish that the other party breached his or her duty to act in a reasonable manner. This means that you must prove that the actions that the party took – or failed to take – were not consistent with the actions that a reasonable individual would take in a similar situation.
Third, you must show that the other party’s actions did, in fact, cause your injuries. In other words, if the other party had not acted as he or she did, then your injuries would not have occurred.
Next, you must prove that the other party’s failure to meet the standard of reasonable care caused your injury, and not some other intervening action or lack of action. This is commonly referred to as proximate cause.
Finally, you must establish that you suffered damages as a result of the accident that caused your injuries. The accident must have actually caused measurable injuries to you for which compensation should be available.
Wisconsin personal injury laws change over time, and you need the lawyers who keep up-to-date on the most recent legal developments that are relevant to your case. We also know how to best apply these laws to your advantage in your case. The Madison personal injury attorneys of Bonner & Vaughan handle personal injury cases on a daily basis, and we know what it takes to get the compensation that you need. Take the first step and call our office today to set up your free consultation with one of our Wisconsin auto accident lawyers.