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When pursuing a personal injury case, negligence is the legal theory. To prevail in a negligence claim, the injured party (plaintiff) must demonstrate the following four elements:

1. Duty of Care

The defendant owed a legal responsibility to the plaintiff to act reasonably.

For instance:

– Drivers following traffic laws and driving responsibly.

– 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 acting (or failing to act) in a way that any reasonable individual would never under similar circumstances.

This can look like:

– Traffic violations such as speeding.

– Ignoring a hazardous condition on a property.

3. Causation

The plaintiff must prove that the defendant’s breach of duty led to their harm. This requires two types of causation:

Actual Cause: The defendant’s actions were the direct cause of the injury (for instance, a red light violation directly caused a collision).

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

4. Damages

The plaintiff must have experienced tangible harm or losses due to the defendant’s actions.

This can include:

– Pain and suffering.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is critical to winning a case. Don’t navigate this process alone. Our Beverly Hills Personal Injury Lawyers are prepared to fight for your rights. Call us at 866-846-5955 for a free consultation.

A legal advocate plays a crucial role in helping an injured party navigate the intricate legal proceedings and seek full compensation after an incident. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Beverly Hills personal injury lawyers evaluate the details of the case, identify its legal merit, and counsel the injured party on their rights and potential courses of action. They break down complex legal jargon and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We perform a detailed 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

Negotiating with insurers can be stressful, especially when they offer low settlements. Our Beverly Hills personal injury lawyers negotiate directly with the insurance companies, drawing on experience to ensure just settlements.

4. Calculating Damages

Our legal experts analyze the full scope of damages, including healthcare costs, lost wages, pain and suffering, emotional distress, and future costs. This ensures that the injured party demands payment for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary paperwork, such as filing claims, preparing legal documents, and ensuring compliance with timelines, including the deadline for claims, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers use their negotiation skills to achieve optimal results for their client without the hassle of court.

7. Representation in Court

If a settlement cannot be reached, our Beverly Hills lawyers advocate for the injured party in court, making their case and arguing the case to win the case.

By managing the legal details, our personal injury lawyers allow the injured party to focus on getting better, while ensuring fair treatment and they receive the compensation they deserve.