If you or someone you love has been injured because of the actions of someone else, you obviously have a lot on your mind. Perhaps one of the issues that you're considering is whether or not to pursue a legal claim against those responsible for these injuries. You have also most likely been inundated with advertisements from attorneys whose messages may make you feel as though recovering damages is a simple process.
The Kenosha personal injury lawyers from Habush Habush & Rottier S.C. ® are here to tell you that obtaining a justifiable recovery is anything but a simple process. For instance, if your case proceeds to trial, below are the four elements you'll need to prove before you can proceed to the recovery process.
The law of personal injury imposes an intangible duty of care on anyone whose actions will involve anyone else. This duty extends to anyone who the ultimate defendant could have or should have foreseen as being potentially exposed to the results of those actions, and the plaintiff must prove that this duty of care was present.
After you have proven that a duty exists, you'll need to prove that the defendant breached that duty. Generally, courts will use the “reasonable person” standard to determine whether or not a breach occurred, which means that if the defendant is found to have acted in a way that is different from what a reasonable person would have in like circumstances, then the duty of care is deemed to have been breached.
Causation is one of the most complicated aspects of personal injury law. Basically, the plaintiff needs to show that his or her injuries were caused, either directly or indirectly, by the defendant's actions or failure to act. There are many legal tests used to help determine causation, but it takes a skilled personal injury attorney to establish this element.
Finally, if all of the elements above are proven, the plaintiff must prove that he or she has suffered damages. These damages can be tangible in nature, such as by offering proof of medical costs or lost income, but can also be less tangible, with examples being pain and suffering or emotional distress.
As you see, proving a personal injury claim in a court of law is no simple matter. However, if you contact a Kenosha personal injury lawyer from Habush Habush & Rottier S.C. ® today to schedule a free initial consultation, he or she will be able to guide you through this process and fight for your rights relentlessly. Contact the firm today.