milwaukee car wreck negligence

Elements of Negligence in Milwaukee Wreck Cases

If you or a loved one has been injured in a Milwaukee, WI car accident, you may be able to bring a personal injury lawsuit against the other driver to recover financial compensation. The types of compensation which may be available in these cases include damage to your vehicle, medical bills, future treatment or ongoing care, lost wages, and pain and suffering.

While the specifics of each individual Milwaukee, WI car accident injury lawsuit are different, the basic principle remains the same: negligence. The term negligence refers to the actions of the at-fault party which cause an accident. Negligence has four parts:

  • Duty: This is the obligation of a driver to operate their vehicle in a reasonably safe and prudent manner (i.e. not speeding, drinking and driving, etc.)
  • Breach: When a driver does not live up to the expectation to use reasonable care when driving, they are said to have “breached” their duty of care. This is what causes wrecks.
  • Causation: When a driver breaches their duty of care, this may “cause” an accident. Causation is an element of all negligence cases which ensures the bad behavior was directly linked to the crash, and was not merely incidental.
  • Damages: If an accident occurs after a driver breaches their duty of care, damage must (and often does) occur. Damages can range from minor fender bender type crashes, to serious wrecks which result in catastrophic injuries and loss of life.

The four elements of negligence—duty, breach, causation, and damages—must be proven in each personal injury lawsuit. This means collecting evidence, conducting depositions, and proving your case in writing to the insurance companies. For help in this complex process, it is highly recommended that you hire an experienced Milwaukee, WI car accident lawyer.

For more information about the legal process involved in a personal injury lawsuit following a car wreck that was caused by a negligent driver, call the aggressive and experienced Milwaukee, WI car wreck attorneys of Gendlin, Liverman & Rymer today at at 877-225-5457, or fill out the form on our contact us page to schedule a FREE., no obligation consultation.

By | 2016-12-21T18:29:28-05:00 September 25th, 2015|Categories: Car Accident|Tags: , , , |