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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.

This might involve:

– 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 breached their duty of care by behaving (or neglecting necessary actions) in a way that a reasonable 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 show 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 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 incurred real harm or losses due to the defendant’s actions.

This can include:

– Pain and suffering.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Demonstrating all four elements is critical to achieving success in an injury claim. Don’t face this on your own. Our Blackhawk Personal Injury Lawyers are here to fight for your rights. Call us at 866-846-5955 for a free consultation.

An injury attorney plays a crucial role in guiding an injured party handle the complex legal process and recover the damages they deserve after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Blackhawk personal injury lawyers review the details of the case, confirm its viability, and counsel the injured party on their options and next steps. They explain legal terminology and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We perform a comprehensive investigation to gather evidence, such as accident reports, eyewitness accounts, medical records, and expert testimony. This strengthens the argument to establish fault.

3. Handling Insurance Companies

Interacting with insurance representatives can be challenging, especially when they attempt to minimize payouts. Our Blackhawk personal injury lawyers advocate for you with the insurance companies, drawing on experience to ensure just settlements.

4. Calculating Damages

Our lawyers evaluate the full scope of damages, including healthcare costs, lost wages, pain and suffering, emotional distress, and future costs. This makes certain that the injured party pursues recovery for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary legal forms, such as submitting lawsuits, drafting required forms, and meeting critical deadlines, including the legal filing period, which could otherwise jeopardize the case.

6. Negotiation and Settlement

The majority of injury claims are handled through negotiations. Our lawyers apply their experience to obtain maximum compensation for their client without the hassle of court.

7. Representation in Court

If a settlement cannot be reached, our Blackhawk lawyers stand by the injured party in court, presenting evidence and arguing the case to secure a favorable judgment.

By handling the legal complexities, our personal injury lawyers allow the injured party to focus on their recovery, while making sure fair treatment and appropriate damages are awarded.