Someone else’s careless actions injured you. Now you’re wondering if you have a case. Understanding negligence is where everything starts in Wisconsin personal injury law. It’s not just about being hurt. You’ve got to prove specific legal elements before you can recover compensation.
The Four Elements Of Negligence
Wisconsin requires you to establish four distinct elements to win your case. Miss one, and your claim falls apart.
Duty of Care
First, you need to show that the defendant owed you a duty of care. In plain terms, they had a legal obligation to act reasonably and avoid causing harm. Property owners? They must keep their premises safe for visitors. Drivers have to follow traffic laws and operate vehicles responsibly. Doctors and nurses must provide treatment that meets accepted medical standards. The specific duty depends entirely on the relationship and situation.
Breach of Duty
Proving a duty existed is just step one. Next comes the breach. This happens when someone fails to act as a reasonably careful person would under similar circumstances. A store owner who sees a spill and ignores it for three hours? That’s a breach. A driver who runs a red light while checking their phone? Another clear breach.
Causation
Here’s where it gets trickier. You must connect the defendant’s breach directly to your injury. This element has two parts that both matter. Actual cause means your injury wouldn’t have happened without the defendant’s actions. Proximate cause means the injury was a foreseeable result of what they did. Both pieces must fit together.
Damages
Finally, you need actual damages. Medical bills, lost wages, property damage, pain and suffering. Without real losses, there’s no case to pursue, even if someone clearly acted negligently.
Wisconsin’s Comparative Negligence Rule
Most injury cases aren’t black and white. You might share some responsibility for what happened. Wisconsin’s comparative negligence system under Wis. Stat. § 895.045 addresses exactly this reality. If you’re 50% or less at fault, you can still recover damages. But your compensation gets reduced by your percentage of fault. Let’s say your damages total $100,000, and you’re found 30% responsible. You’d receive $70,000. Cross that 51% threshold? You can’t recover anything. This makes fault determination absolutely critical in most cases.
Common Examples Of Negligence
Negligence shows up differently depending on the situation. Car accidents frequently involve drivers who speed, text behind the wheel, or fail to yield the right of way. Simple choices. Devastating consequences. Slip and fall cases often stem from wet floors without warning signs, broken handrails, or uneven pavement that the property owner knew about but didn’t fix. Medical malpractice happens when healthcare providers deviate from accepted care standards. Product manufacturers who release defective items without adequate warnings can face liability too. A Sheboygan personal injury lawyer can look at your specific facts and determine whether negligence exists.
How Negligence Is Proven
Evidence is everything. Photographs of the accident scene, witness statements, police reports, and medical records. These pieces build your case brick by brick. Some cases need specialist testimony, particularly those involving medical issues or technical matters. An orthopedic surgeon might explain how your injuries occurred. An accident reconstructionist might recreate what happened. The burden of proof in civil cases requires showing negligence by a preponderance of the evidence. That means it’s more likely than not that the defendant was negligent. This standard is considerably lower than the “beyond a reasonable doubt” standard used in criminal prosecutions.
Time Limits For Filing Claims
Wisconsin doesn’t give you forever to file. Most personal injury lawsuits must be filed within three years from the date of injury under Wis. Stat. § 893.54. Medical malpractice cases have different deadlines. Claims against government entities require special notice procedures with much shorter timeframes. Miss these deadlines, and you’ll lose your right to compensation. Permanently. It doesn’t matter how strong your case might be. Establishing negligence takes methodical preparation and attention to detail. Gathering evidence, interviewing witnesses, and working with specialists. At Hickey & Turim, S.C., we handle these components to build compelling cases for clients throughout Wisconsin.
Building Your Case
Understanding what counts as negligence is just the starting point. If you believe someone’s careless actions caused your injuries, a Sheboygan personal injury lawyer can review your situation and explain your legal options. The sooner you act, the better positioned you’ll be to protect your rights and pursue the compensation you deserve.
