CAUSATION
Even if it is determined that an individual is negligent in his or her conduct or activities, it must be determined whether that negligence caused injury to the victim for that person to recover any damages. A person can be negligent at the time of an accident, but not have caused the accident. For example, a driver may be negligent for driving a car with no headlights. Still, if the crash happens in broad daylight, the negligence probably did not contribute to the accident happening.
It must be determined whether someone’s negligence caused the accident and injury. The question is not whether the negligence was “the cause” but rather “a cause” of the accident. This is because an accident or injury may have more than one cause. Someone’s negligence caused the accident or injury if it was a substantial factor in producing the accident or injury. An accident or injury may be caused by one person’s negligence or by the combined negligence of two or more people.
In determining damages, a court will compare the percentage of negligence on the part of the plaintiff which caused the accident to that of the defendant. A plaintiff will not recover damages for his or her contribution to causing the accident. For example, if it were determined that the injured plaintiff was 25 % at fault and the defendant driver 25% at fault, the plaintiff would recover 75% of his damages. This is true until the plaintiff is more at fault than the defendant, in which case the plaintiff cannot recover any of his damages.
The following articles about personal injury law may also be of interest to you:
You & Your Personal Injury Claim
Answering Questions About Accident-related Injuries
At The Accident Scene, What Should I Do?
But My Insurance Adjuster Says I Don't Need A Lawyer
How Much Is My Injury Claim Worth?
Injuries To Children
Product Liability Claims
Online Library for Personal Injury law
Herrick & Hart Personal Injury Attorneys, Eau Claire, Wisconsin
Please contact us for help with your legal needs or concerns.
The attorneys at Herrick & Hart provide expert advice to people who have suffered a loss or been injured. If you or someone whom you care about has been injured, please call (715-832-3491), e-mail (mike@eauclairelaw.com) to arrange a free initial consultation with the injury lawyers at Herrick & Hart, or complete the online personal injury case assessment form to have your case reviewed by the personal injury attorneys at Herrick & Hart.
The team of personal injury lawyers at Herrick & Hart represent people throughout northwest Wisconsin. They litigate against insurance companies based in Wisconsin, Illinois, Iowa, Minnesota, and across the nation, and most frequently help clients who were injured in or are residents of Eau Claire county (Eau Claire, Altoona, Augusta, Fairchild, Fall Creak, & Seymour), Chippewa county (Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley), Taylor county (Medford, Gilman, & Stetsonville), Rusk county (Ladysmith, Hawkins, & Weyerhauser), Barron county (Barron, Rice Lake, & Cameron), Dunn county (Boyceville, Menomonie, Colfax, & Downing), Clark county (Abbotsford, Colby, Neilsville, & Thorp), Marathon County (Wausau, Abbotsford, Colby, Brokaw, Evergreen, Marshfield, Mosinee, Rothschild, Schofield, Spencer, Unity & Weston), Portage county (Stevens Point, Amherst, Plover, Rosholt, & Whiting), Wood county (Wisconsin Rapids, Port Edwards, Nekoosa, & Marshfield), Jackson county (Black River Falls, Taylor, Merrillan, and Alma Center), La Crosse county (La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem), Monroe county (Sparta), Douglas county (Superior), Sawyer county (Hayward), Ashland county (Ashland, Odanah), Bayfield county (Bayfield, Mason, & Washburn), Juneau county (Elroy, Mauston, Necedah, Union Center), and St Croix county (Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley & Wilson), Pierce county (Bay City, Ellsworth, River Falls, Spring Valley).
