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In an injury claim, negligence is the legal theory. To win in a negligence claim, the injured party (plaintiff) must prove the following four elements:

1. Duty of Care

The defendant owed a duty to the plaintiff to avoid causing harm.

For instance:

– A driver’s duty to obey traffic laws and operate their vehicle safely.

– A property owner’s duty to maintain safe premises for visitors.

2. Breach of Duty

The defendant failed to uphold their duty of care by behaving (or neglecting necessary actions) in a way that a prudent person would never under similar circumstances.

This can look like:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must prove that the defendant’s breach of duty directly caused their injury. This entails two types of causation:

Actual Cause: The defendant’s actions were the clear cause of the injury (e.g., running a red light caused a car crash).

Proximate Cause: The injury was a foreseeable result of the defendant’s actions.

4. Damages

The plaintiff must have suffered tangible harm or losses caused by the defendant’s actions.

This can include:

– Bodily harm.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Proving all four elements is necessary to achieving success in an injury claim. Don’t face this on your own. Our Acampo Personal Injury Lawyers are prepared to stand by your side. Call us at 866-846-5955 for a complimentary case review.

A personal injury lawyer is invaluable in helping an injured party navigate the intricate legal proceedings and seek full compensation after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Acampo personal injury lawyers review the details of the case, identify its viability, and guide the injured party on their options and next steps. They clarify complex legal jargon and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We carry out a comprehensive investigation to gather evidence, such as accident reports, witness statements, healthcare documentation, and specialist insights. This helps build a strong case to show liability.

3. Handling Insurance Companies

Dealing with insurance adjusters can be stressful, especially when they seek to undervalue claims. Our Acampo personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to ensure just settlements.

4. Calculating Damages

Our attorneys assess the entire range of damages, including healthcare costs, lost wages, pain and suffering, emotional distress, and long-term impacts. This makes certain that the injured party seeks compensation for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary legal forms, such as submitting lawsuits, drafting required forms, and staying on top of timelines, including the legal filing period, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

Most personal injury cases are settled without trial. Our lawyers use their negotiation skills to secure the best possible settlement for their client without the delay of litigation.

7. Representation in Court

If a negotiation fails, our Acampo lawyers represent the injured party in court, presenting evidence and arguing the case to win the case.

By managing the legal details, our personal injury lawyers let you focus on their recovery, while guaranteeing fair treatment and a fair settlement is reached.