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In an injury claim, the concept of negligence forms the basis. To prevail in a negligence claim, the injured party (plaintiff) must prove the following four elements:

1. Duty of Care

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

Examples include:

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

– Keeping properties safe for guests.

2. Breach of Duty

The defendant violated their duty of care by acting (or failing to act) in a way that a prudent person would not under similar circumstances.

This can look like:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

3. Causation

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

Actual Cause: The defendant’s actions were the immediate 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 suffered tangible harm or losses as a result the defendant’s actions.

This can include:

– Bodily harm.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is critical to securing compensation. Don’t try to go it alone. Our Big Pine Personal Injury Lawyers are ready to fight for your rights. Call us at 866-846-5955 for a free consultation.

An injury attorney is essential in guiding an injured party handle the challenging legal system and maximize their compensation after an incident. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Big Pine personal injury lawyers evaluate the details of the case, determine its legal merit, and guide the injured party on their options and next steps. They clarify complex legal jargon and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We conduct a thorough investigation to collect proof, such as accident reports, witness statements, medical records, and expert testimony. This solidifies the claim to establish fault.

3. Handling Insurance Companies

Negotiating with insurers can be overwhelming, especially when they attempt to minimize payouts. Our Big Pine personal injury lawyers negotiate directly with the insurance companies, drawing on experience to push for appropriate payouts.

4. Calculating Damages

Our attorneys evaluate the entire range of damages, including healthcare costs, lost wages, emotional pain, emotional distress, and anticipated expenses. This makes certain that the injured party seeks compensation for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary paperwork, such as submitting lawsuits, drafting required forms, and ensuring compliance with timelines, including the statute of limitations, which could otherwise jeopardize the case.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers use their negotiation skills to secure the best possible settlement for their client without the hassle of court.

7. Representation in Court

If a resolution isn’t possible, our Big Pine lawyers stand by the injured party in court, laying out the facts and fighting for justice to secure a favorable judgment.

By handling the legal complexities, our personal injury lawyers allow the injured party to focus on healing, while ensuring fair treatment and they receive the compensation they deserve.