Wednesday, 12 September 2012

The Four Elements of A Personal Injury Claim


Personal injury law can be confusing at times, but most cases revolve around four basic elements. Indeed, a duty must exist; the duty, which is expected of a person, must be breached; an injury must result from the breach of that duty; and there must be a causal link between the breach of the duty and the Personal Injury Lawyer Milwaukee sustained. If you were involved in an incident and can establish these four elements then you may have a valid personal injury claim. As an example, below are the four elements illustrated in a car accident case.



  1. Duty: the duty is an obligation that a person—the at-fault driver—owes to everyone. In the case of a car accident, this is a duty to drive safely.
  2. Breach: the at-fault driver breaches the duty owed to everyone when they act improperly and fail to meet that obligation. Again, in the case of a car accident, a breach occurs when the at-fault driver fails to drive safely.
  3. Injury: an injury must occur in order to have a valid claim. In a car accident, a person may suffer some sort of physical injury such as a broken bone, but non-physical injuries such as emotional distress may also result from a car accident.
  4. Cause: the injury must be caused by the at-fault driver’s breach of the duty they owe to everyone.In the case of a car accident, it must be established that the at-fault driver’s failure to drive safely caused the injury that resulted from the accident.


There is a good chance you have a valid Personal Injury Milwaukee claim if these elements can be established. However, establishing these four elements does not guarantee that you will prevail in a personal injury claim. Give Gruber Law Offices a call at 414.276.6666 to discuss your potential claim.

If you or a loved one has suffered an injury due to the negligence or fault of another person, call Gruber Law Offices, LLC today for your free consultation. There is no fee unless we win and we can meet you at a place that is convenient for you such as your place of work, hospital, home, or our conveniently located downtown Milwaukee office.

Speak with one of our lawyers right now by calling 414-276-6666 for a free initial consultation. “ONE CALL… THAT’S ALL!”

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