If another party causes you to be injured, Wisconsin personal injury laws allow you to seek compensation for your damages. However, you have the burden of proving the legal elements to create liability. One of the most common grounds for a personal injury claim is negligence.
A tort is an act or omission that causes someone to be injured. Under tort law, a party who causes someone to be injured because of their intentional acts, negligence, or other wrongdoing can be legally responsible for the harm and losses that occur.
Examples of personal injury claims involving negligence include, but are not limited to:
Negligence is the failure to act with reasonable care to avoid injuring someone. Proving negligence requires you to have evidence establishing these elements of your case:
A legal duty is created because of the relationship between the parties and the situation. A law or social custom may also establish the duty. For example, drivers have a duty of care to follow Wisconsin traffic laws and use reasonable care to avoid causing an accident.
You must prove that the other party’s actions breached the duty of care they owed to you. For example, imagine a driver was texting while driving. Because they were not watching the road, they ran a red light and crashed into your car.
Determining whether someone breached the duty of care is usually based on the “reasonable person” standard. In other words, what would a reasonably prudent person do in the same situation? If the party did not act with the same care as a reasonable person, they could be liable if their actions or inactions cause injuries.
The level of care to be used in a situation and whether a party meets the reasonable standard of care are questions of fact for the jury. The jurors must determine what a reasonable person would have done and whether the defendant failed to meet that standard.
The party’s breach of duty must directly and proximately cause your injuries. “Direct cause” (or “cause-in-fact”) refers to the action that directly leads to the outcome. For example, if a driver runs a red light and strikes a pedestrian, it can be argued that the driver would not have hit the pedestrian if they had obeyed the traffic signal. This is commonly referred to as the “but for” test for negligence.
“Proximate cause” (or “legal cause”) addresses whether the injuries were a foreseeable and natural result of the defendant’s actions. For example, running a red light is reasonably likely to cause an accident, which could lead to someone getting hurt.
Damages represent the harm and losses caused by the other party’s conduct. Economic damages include financial losses such as lost wages, medical expenses, and out-of-pocket costs. It also includes future losses for diminished earning capacity and long-term care.
Non-economic damages include harm caused by pain and suffering. These damages include emotional distress, physical pain, and disfigurement. It also includes diminished quality of life, lifelong impairments, and loss of enjoyment of life.
Proving negligence requires evidence to convince a jury there is a greater chance than not that the other party caused your injuries. This burden of proof is referred to as “by a preponderance of the evidence.”
Evidence in a personal injury case may include, but is not limited to:
Experienced personal injury lawyers use numerous resources to investigate claims and gather evidence. They may retain expert witnesses to assist in the investigation and to testify in court.
A statute of limitations is a deadline to file a lawsuit. The deadline for filing personal injury lawsuits based on negligence is usually three years in Wisconsin. The court can dismiss your personal injury lawsuit if you file it after the deadline passes. If so, you lose the right to pursue a legal claim.
The deadline to file a personal injury case could be different depending on exceptions to the law. The best way to protect your right to sue the party who caused your injuries is to seek prompt legal advice after an accident or personal injury.
An experienced Madison personal injury lawyer at Eisenberg Law Offices, S.C. can make all the difference in your recovery. Our team can guide you through your legal options, build a solid case under Wisconsin law, and handle tough negotiations with insurance companies so that you can focus on healing. Contact us at (608) 256-8356 to schedule your free case consultation.
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