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When you’re injured due to the actions or negligence of another person, you may receive compensation if you go to court. However, to obtain what you’re entitled to, you’ll need to prove four separate truths to the court. With the help of an attorney, you can gather evidence about these elements to build a successful personal injury case.

What Factors Into a Personal Injury Case?

1. Duty of Care

First, you’ll need to prove that the defendant owed you a duty of care—or, that they were morally or legally obligated to act in a way that promoted your safety. For example, a doctor owes a duty of care to their patients, just as drivers owe a duty of care to other drivers on the road.

2. Breach of Duty of Care

Next, you’ll have to prove that they breached, or failed to uphold, this duty. For example, if a driver was texting behind the wheel, they were acting in a way that endangered other people. If your doctor used unclean tools or neglected to read your file for information about your allergies, they would also have breached their duty.

3. Causation

attorneyYou’ll also need to show how the defendant’s actions were directly responsible for the incident and the damages or injuries that resulted. For example, the driver’s texting led them to swerve out of the lane, hitting your vehicle and pushing it into a guard rail. To prove this, your lawyer may have to refer to photos, video footage, and witness testimonies.

4. Damages

Finally, you’ll need to have concrete evidence of the damage the incident caused. In most cases, this is achieved through medical records, such as initial hospital treatments and follow-up appointments with a specialist. To maximize compensation, your attorney will want to prove both the financial and nonfinancial damages, such as psychological pain and suffering.

 

If you’re looking for legal assistance after an injury, turn to the attorneys at Egan & Richgels, S.C. This La Crosse, WI, firm has been helping clients for over 39 years, whether they’re dealing with medical malpractice or negligence behind the wheel. These trial attorneys will work hard to get you the compensation you deserve. Visit their website to learn more about their work with personal injuries, or call (608) 784-0087 to schedule a free consultation. 

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