In order to win a personal injury case, the claimant must prove that the defendant's negligence was the cause of the accident in question. In order to do this, “proximate cause” must be established. Proximate cause means that the defendant's actions were the immediate cause of the accident in question, and that there was no other outside factor that caused the injury. Proximate cause can be verified by the “but-for” test, such as, “the accident could have been avoided but-for the defendant's actions.”
If you or someone you know has been injured because of another party's negligence or recklessness, you may be eligible to receive compensation. Contact the Kenosha personal injury lawyers at the law offices of Habush Habush & Rottier S.C. ® to speak with a qualified attorney who can help you fight for the recompense you deserve. Call 800-242-2874 today to schedule a free initial consultation.
The “but-for” test only pertains to the actions directly resulting in the accident. For example, imagine this scenario: you are driving and a pedestrian steps out in front of your car causing you to swerve into the next lane, where you collide with another car. In this case, you would not have swerved “but-for” the pedestrian; however, you would not have collided with the other car “but-for” your swerving, either. Because swerving was the immediate cause for the accident, you may be held liable.
If you or someone you love has been involved in an accident and you think another party may be at fault, consult the Kenosha personal injury lawyers of Habush Habush & Rottier S.C. ® Contact us at 800-242-2874 to speak with a qualified attorney about your legal options.