Articles

Rhinelander Personal Injury Lawyer

Proving a Personal Injury Case in Court - Easier Said than Done

If you have been injured because of the actions of someone else, several thoughts may enter your mind. Of course, your initial concerns will regard how you're going to heal, how you're going to pay for your medical care needed to heal and how you're going to pay your bills if you're unable to work for any period of time. These are natural thoughts, as are those thoughts that recall advertisements for personal injury attorneys that make it seem as though recovering damages is a simple process.

The Rhinelander personal injury lawyers at Habush Habush & Rottier, S.C. are here to tell you that if you've suffered as a result of this sort of circumstance, there is quite a bit involved in the legal sense. You will need legal help, and that's why you can contact us at any time to schedule a free initial consultation. Below is a brief overview of the evidentiary elements that any plaintiff needs to prove for a successful recovery.

1. Duty

Duty is a concept whereby people are assumed to take steps to not place others in situations of unreasonable danger. This duty of care extends to anyone who could possibly enter your zone of danger, which means that you would owe a duty of care to everyone around you on the road when you're driving your car, for example.

2. Breach of Duty

After the plaintiff has established the existence of a duty, he or she must then prove that the defendant breached this duty of care. Most courts use the 'reasonable person' standard, which means that the jury will analyze the defendant's actions and then compare them to what a 'reasonable person' would do in the same situation.

3. Causation

The most difficult element to prove for any plaintiff is that of causation. It's a complicated legal concept, but basically, the plaintiff needs to show that the defendant's breach of the duty of care led to the plaintiff's injuries, either directly or indirectly.

4. Damages

Finally, if all three of the elements above are proven, then the plaintiff will need to show that he or she did in fact suffer damages. This means that the plaintiff must show expenses incurred, or plead to damages by way of pain and suffering or emotional distress.

As you see, proving a personal injury case is not something that you should attempt to take on yourself. If you have been injured, contact a Rhinelander personal injury attorney at Habush Habush & Rottier, S.C. today to schedule a free initial consultation.