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To establish liability in an injury case, the concept of negligence forms the basis. To succeed 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.

This might involve:

– Drivers following traffic laws and driving responsibly.

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

2. Breach of Duty

The defendant breached their duty of care by acting negligently (or omitting action) in a way that a reasonable person would not under similar circumstances.

Examples include:

– Traffic violations such as speeding.

– Ignoring a hazardous condition on a property.

3. Causation

The plaintiff must show that the defendant’s breach of duty led to their harm. This involves 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 experienced tangible harm or losses caused by the defendant’s actions.

This can include:

– Physical injuries.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Demonstrating all four elements is essential to securing compensation. Don’t navigate this process alone. Our Biggs Personal Injury Lawyers are ready to stand by your side. Call us at 866-846-5955 for a no-obligation consultation.

An injury attorney is invaluable in helping an injured party navigate the challenging legal system and recover the damages they deserve after an accident or injury. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Biggs personal injury lawyers assess the details of the case, identify its viability, and advise the injured party on their legal opportunities. They break down legal terminology and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We conduct a detailed investigation to secure documentation, such as official records, eyewitness accounts, healthcare documentation, and specialist insights. This solidifies the claim to prove negligence.

3. Handling Insurance Companies

Dealing with insurance adjusters can be stressful, especially when they offer low settlements. Our Biggs personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our lawyers analyze the complete extent of damages, including medical expenses, lost wages, emotional pain, emotional distress, and future costs. This ensures that the injured party pursues recovery for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary documents, such as filing claims, preparing legal documents, and meeting critical deadlines, including the deadline for claims, which could otherwise jeopardize the case.

6. Negotiation and Settlement

Many accident 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 resolution isn’t possible, our Biggs lawyers advocate for the injured party in court, laying out the facts and fighting for justice to secure a favorable judgment.

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