The book attempts to educate the reader regarding the minimum legal requirements of every personal injury claim in Wisconsin. In order for a personal injury claim to be valid, it must contain all of the following:

1. Duty
2. Breach
3. Proximate Cause
4. Damages

1.    Duty

In general, duty refers to the reasonable amount of care a person should use in a particular circumstance. For example, in the case of an automobile accident, all drivers are required to obey the Rules of the Road. These Rules of the Road are contained in the Wisconsin Statutes and are clearly explained in a State of Wisconsin, Department of Transportation booklet, which is reviewed and taught in driver’s education classes.

There are many personal injury claims that do not involve automobile accidents. Common examples of other “torts” include premises liability (slip-and-fall), product liability, medical malpractice, nursing home neglect or abuse and dog bites. In each of these cases, there is an identifiable obligation involved. A landowner has an obligation to guests on the property. A manufacturer has an obligation to the consumers of their product. A doctor has an obligation to their patients. A nursing home has an obligation to the residents. A dog owner has an obligation to prevent the dog from biting others.

2.    Breach

Once a duty on the part of an individual is established, it must be shown that someone breached that duty. In the automobile accident example, the duty is that drivers must stop for a red light; the breach of the duty is the act of not stopping for the red light.

3.    Proximate Cause

Proximate cause simply means that the injuries are caused by the breach of the duty. Lawyers use a variety of means to prove proximate cause. Most commonly, a medical doctor testifies that the injuries and medical bills are due to the injuries sustained from the accident.

4.    Damages

Damages refer to an individual’s harms and losses from an injury. Damages for serious personal injury cases can include the following:  

• Past Medical Bills
• Past Wage Loss
• Past Pain, Suffering, Disfigurement and Disability
• Future Medical Bills
• Future Wage Losses
• Future Pain, Suffering, Disfigurement and Disability

Many people believe that they have a claim even if they do not have any damages. This is not the case. There must be damages in order to bring a claim. Also, as a practical matter, if the damages are too small, then it may cost more to pursue the case than the injured party may eventually recover.

To learn more information about personal injury claims, order your free copy of A Consumer's Guide: Personal Injury Claims in Wisconsin.