Personal injury law gives you the right to seek compensation for any injuries you sustain due to someone else’s actions, but you must also establish fault. While proving that someone else is responsible for your damages may seem straightforward, the law requires you to meet a high standard when filing a lawsuit. An attorney will delve into your case further, but here are answers to some questions you might have about this topic.

What to Know About Proving Fault After an Accident

What does “duty of care” mean?

Under personal injury law, duty of care refers to a person’s responsibility to protect other people.

For instance, drivers are responsible for following traffic laws, and property owners have a duty to provide a safe environment for customers and passersby.

What constitutes negligence?

In general, negligence is any behavior that breaches duty of care and increases the risk of injury to someone else.

To prove negligence, your attorney must show that the other party had a duty of care to protect others, and that their actions (or inaction) caused the accident. Failing to stop at a red light or allowing snow and ice to build up on a walkway are a few common examples of negligence.

Can I file a lawsuit even if I may be partially responsible for the accident?

Personal injury law in Wisconsin follows the principle of comparative negligence, which allows victims to file claims even if they’re partially at fault. However, compensation may be reduced based on how much your actions contributed to the incident.

For instance, if you were hit by a driver who failed to signal, but were also speeding, the court may decide you’re 30% responsible for the accident. If your damages totaled $10,000, you may only receive $7,000 in compensation.

What if the liable party denies responsibility?

Proving fault when the other party disputes your account can be difficult. Your attorney will use photos, police reports, medical records, and witness statements collected after the accident as evidence. You can also hire independent experts and investigators to build a compelling case and argue in your defense in court.

If you were injured in an accident, turn to Egan & Richgels, S.C., to build a case. With over 40 years of experience serving victims throughout the Coulee Region, they’re known for their compassionate and experienced legal counsel. Their personal injury attorneys will work to establish liability and help you secure the compensation you deserve. Visit their website for more on personal injury law, or call (608) 784-0087 to arrange an initial consultation today.