When somebody acts in a careless manner and causes injury to another individual, they can be charged with negligence. After a claim is filed, settlement discussions and trials will use Personal injury law to assess and determine fault. To obtain a winning verdict, the plaintiff must prove that duty of care was violated and that this, in turn, caused damages.

Below is a quick guide to how negligence is proven:

Breach in Duty of Care

In the eyes of the law, people have a duty to uphold a certain standard of “ care” toward others’ well-being. In other words, one cannot act negligently, or in a way that might potentially harm others. For example, a business owner has the duty to take reasonable care to maintain a safe work environment for their customers and employees. In personal injury law, the first thing an attorney must do is demonstrate a breach of this obligation. Here they show that if it were not for the action—or inaction—of the defendant, the injury would not have occurred. 

Assessment of Damages

Once it has been established that breach of duty—or, negligence—was the proximate cause of the injury, the damages are assessed. If the plaintiff was harmed or injured—whether physically, mentally, emotionally, or financially—as a direct result of the defendant’s actions, and if the court sides with the plaintiff, then the injured party is entitled to monetary compensation.

The payment is typically sorted into two categories: compensatory and punitive damages. The first is awarded to cover the costs of the injury, such as repairs or medical bills. Punitive damages, on the other hand, are meant to punish the defendant for their negligent behavior.

If you have been injured as the result of someone else’s negligence, the personal injury law attorneys at Brandau & Waltz Law Office LLP in La Crosse, WI, will provide you with the guidance, advice, and representation you need to obtain the compensation you deserve. Call (608) 784-2050 to schedule a consultation today or visit their website for more information.