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

1. Duty of Care

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

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 any reasonable individual would never under similar circumstances.

Common breaches involve:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

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

Actual Cause: The defendant’s actions were the direct 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 incurred real 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.

Establishing all four elements is necessary to securing compensation. Don’t try to go it alone. Our Bonny Doon Personal Injury Lawyers are prepared to advocate for you. Call us at 866-846-5955 for a no-obligation consultation.

A legal advocate is invaluable in helping an injured party navigate the intricate legal proceedings and maximize their compensation after an incident. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Bonny Doon personal injury lawyers assess the details of the case, identify its legal merit, and advise the injured party on their options and next steps. They break down legal terminology and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We carry out a comprehensive investigation to secure documentation, such as official records, witness statements, healthcare documentation, and specialist insights. This strengthens the argument to show liability.

3. Handling Insurance Companies

Interacting with insurance representatives can be challenging, especially when they seek to undervalue claims. Our Bonny Doon personal injury lawyers advocate for you with the insurance companies, using their expertise to push for appropriate payouts.

4. Calculating Damages

Our legal experts analyze the complete extent of damages, including healthcare costs, missed income, pain and suffering, psychological harm, and anticipated expenses. This ensures that the injured party demands payment for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary documents, such as filing claims, drafting required forms, and ensuring compliance with timelines, including the legal filing period, which could otherwise jeopardize the case.

6. Negotiation and Settlement

The majority of injury claims are resolved out of court. Our lawyers employ expertise to secure the best possible settlement for their client without the need for a trial.

7. Representation in Court

If a negotiation fails, our Bonny Doon lawyers stand by the injured party in court, laying out the facts and seeking a favorable outcome to secure a favorable judgment.

By handling the legal complexities, our personal injury lawyers let you focus on getting better, while guaranteeing justice is served and a fair settlement is reached.