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Home > Articles > These 4 Things Are Required for Any Injury Claim

These 4 Things Are Required for Any Injury Claim

When a person files a personal injury claim after someone else causes them harm, they will be required to demonstrate four critical aspects of their case. These four things are also known as the elements of a tort, which are required to be proven in every tort lawsuit. These elements provide the necessary and basic framework to determine who was at fault in the incident and to what extent they should be held liable.

If you have been injured because of someone else’s negligent conduct, you may be entitled to pursue financial compensation for your injuries. To discuss the legal process further, contact the Wausau personal injury lawyers of Habush Habush & Rottier S.C. at 800-242-2874.

Factors to Demonstrate

Though establishing the following elements is critical to enabling a claim to proceed, it is important to note that the simple presence of these considerations does not indicate anything about the outcome of the case or the extent to which an injury victim might be compensated.

#1: The Presence of a Duty

For negligence to occur, a person or entity needs to have had a duty to another individual. This can be as obvious as a doctor’s duty to help a suffering patient or as wide-reaching as a motorist’s duty to not cause an accident through improper driving behaviors.

#2: The Breach of That Duty

The second part of any injury claim is that a person must prove that the duty the defendant was supposed to perform was intentionally or carelessly broken. This element establishes that the defendant made a mistake.

#3: An Injury Happened

The claimant will need to prove that they were injured. These injuries can be physical, emotional, or financial but must be present and able to be supported by evidence.

#4: The Injury Was Caused by the Breach of Duty

The final element of any tort brings together the other elements. A claimant is expected to prove that there was a causal link between the defendant’s mistake and the injury sustained in the incident.

Contact Us

If you need legal help with your injury claim, we may be of assistance. To learn more about your options as an injured individual, contact the Wausau personal injury attorneys of Habush Habush & Rottier S.C. today by calling 800-242-2874.

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