While some accidents can result in a personal injury lawsuit, that’s not true of every incident. To proceed with a legal claim, you must be able to show that another person, business, or government agency caused the accident. There are strict guidelines, consisting of four elements, that your lawyer must be able to prove to sue a defendant on your behalf.

4 Elements of a Personal Injury Lawsuit

1. Duty of Care

The first element in proving a personal injury case is establishing the defendant’s duty of care. This is a term used in civil law that simply means the defendant was responsible for reasonably ensuring the plaintiff’s safety. An example of this might be an amusement park owner ensuring the rides were safe and in good working order or a driver obeying all traffic laws.

2. Breaching the Duty of Care

The next step is to show that the duty of care was violated or breached. This can be done through negligence, such as failing to conduct a safety inspection of a machine or vehicle. Alternatively, breaching the duty of care can be a willful act, such as running a stoplight and causing another individual to experience an auto accident injury.

3. Causation 

It’s not enough to establish liability in this type of lawsuit. Your attorney must also be able to show that the breach of duty directly caused the damages that you experienced. For instance, if you were in an auto accident and experienced a spinal injury as a result, it can be proven that the injury was directly caused by the accident. However, if you had a heart attack three hours after having been involved in a slip and fall, it can’t be said that the two events are related.

4. Damages

Your attorney should also have evidence to show that you experienced financial damages as a result of the incident. This may involve submitting copies of medical bills and care documentation that proves you have experienced specific injuries and require immediate or long-term treatment. Estimates for repairs to your personal property, such as vehicle damages, broken eyeglasses, and other items, can also help back up your claim for damages. Your lawyer can discuss other types of compensation that you may claim, depending on the circumstances of your case.

If you do need a personal injury attorney, you can rely on the personalized legal service that Osborne, Tripp & Schmidt provides. Located in Sparta, WI, they have four attorneys on staff, so you can feel assured that your case will receive the personal attention it deserves. To learn more about their areas of practice, visit their website, or call (608) 269-2400 to schedule a consultation.