608-237-7035 / 815-243-9686

Duty is the responsibility everyone has to act in a reasonable way for the situation they are in. For example, when you are driving you have a duty to be alert, not be intoxicated, and following the rules of the road. A medical professional has a duty to follow medical protocols and standards when providing care to their patients. Caregivers have a duty to make sure that their surroundings are safe, the children are well-taken care of and free of harm. 

When an individual or individuals are negligent in their behavior and actions and negative outcome results, they have breached their duty of care for their situation. When an individual behaves in a careless and reckless way and causes an accident that results in injuries, they are responsible for the damages sustained by other parties. After an accident when you have been harmed by another party’s recklessness, you deserve to obtain compensation for your injuries and losses. A qualified and experienced Wisconsin serious injury attorney can help.

Your legal representative will examine your accident situation to determine if a breach of duty transpired. They will look at many factors and try to answer the following questions:

  • Was there a duty of care in the accident situation?
  • Did the individual beach that duty of care?
  • Were your injuries and damages due to that breach of the duty of care?

If all the factors above are true, then you have a strong case to pursue a personal injury claim. If you have ample evidence to prove these truths you will improve your chances of your personal injury claim being successful. However, if you cannot prove that a breach in the duty of care existed, it will be much more challenging to win your case.

Documents Needed for Claims

When you file a personal injury claim in Wisconsin or Illinois, your Janesville personal injury attorney is going to work with you to understand the details of your accident. Your attorney will use all the documentation you have provided including, but not limited to:

  • Your description of the accident
  • Medical records
  • Pictures of the accident scene
  • The official police report
  • Witness statements

This information will help your lawyer figure out if there was a breach of duty of care that took place in your accident. A “breach of duty of care” is a legal term that describes negligence by an individual to behave or act in a responsible manner the way anyone would expect in the same situation. 

Do You Have A Personal Injury Case That Needs Legal Representation In Wisconsin Or Illinois?

What Is Duty Of Care In A Personal Injury CaseIf you were injured in an accident, it is important to retain legal representation to help you with your personal injury claim. Statistics show that individuals who have legal support will be more successful with their cases and obtain more compensation for their damages.

The lawyers at the Alexander J. Smith Law Offices have many years of experience providing legal representation to victims in Wisconsin and Illinois. We will help you see your full legal justice. Call us today to set up a  free consultation at (608) 237-7035 for residents of Wisconsin or (815) 243-9686 for residents of Illinois. One of our highly knowledgeable Wisconsin and Illinois personal injury attorneys is looking forward to discussing your accident experience with you.