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(608) 784-4370

No Fees Unless We Win

(608) 784-4370

What Constitutes Negligence?

Most successful personal injury and wrongful death claims are founded on negligence, which is characterized by a breach of duty. To build a winning case on these grounds, here’s what you’ll have to prove. 

4 Elements That Constitute Negligence 

1. Duty

Duty can be assumed, as it is between motorists and everyone on the road around them, or it can be established, as it is between doctors and their patients. As long as the opposing party owes you some kind of duty of care, you can proceed with the claims process.

2. Breach

After demonstrating that the opposing party owes you a duty of care, you must prove how he or she breached it. For example, driving under the influence of drugs or alcohol would be considered a breach of duty to all those in traffic around you. Failing to maintain commercial premises to a reasonable standard—by wiping up spills, for example—would also be considered a breach to all the customers.

3. Causation 

The breach must have been directly responsible for the injuries or wrongful death that occurred. Known as causation, this element may be relatively challenging to prove, especially if the victim had a preexisting condition.

4. Damages

The primary purpose of a tort claim is to compensate the plaintiff for his or her losses. As such, you must prove that you incurred quantifiable damages as a result of the defendant’s breach of duty. In the state of Wisconsin, recoverable damages include medical expenses, lost wages, emotional distress, and pain and suffering.

If you want to build a personal injury or wrongful death claim on the grounds of negligence, contact Fitzpatrick, Skemp & Associates, LLC. From their offices in La Crosse and Eau Claire, they serve families throughout western Wisconsin. The largest firm in the area, they were founded in 1982 and have been providing unparalleled legal counsel ever since. Because their compassionate attorneys are committed to advocating for injured, ill, and disabled parties, they focus on personal injury suits, wrongful death cases, workers’ compensation benefits, and Social Security disability applications. To request a free consultation, get in touch through their website or call (877) 784-1230.