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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 duty to the plaintiff to avoid causing harm.

This might involve:

– 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 neglecting necessary actions) in a way that any reasonable individual would never under similar circumstances.

Examples include:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must show 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 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 real 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.

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

A personal injury lawyer is essential in guiding an injured party handle the complex legal process and seek full compensation after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Biggs 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 explain confusing legal concepts and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We perform a detailed investigation to secure documentation, such as official records, witness statements, 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 attempt to minimize payouts. Our Biggs personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our attorneys assess the complete extent of damages, including healthcare costs, missed income, pain and suffering, psychological harm, and future costs. This ensures that the injured party pursues recovery for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary documents, such as submitting lawsuits, preparing legal documents, and meeting critical deadlines, including the deadline for claims, which could otherwise jeopardize the case.

6. Negotiation and Settlement

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

7. Representation in Court

If a settlement cannot be reached, our Biggs lawyers advocate for the injured party in court, laying out the facts and seeking a favorable outcome to secure a favorable judgment.

By managing the legal details, our personal injury lawyers allow the injured party to focus on healing, while ensuring their rights are protected and appropriate damages are awarded.