Bret Harte Pedestrian Accident Lawyers

When pursuing a personal injury case, the concept of negligence forms the basis. To win in a negligence claim, the injured party (plaintiff) must prove the following four elements:

1. Duty of Care

The defendant owed a obligation to the plaintiff to avoid causing harm.

Examples include:

– 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 behaving (or failing to act) in a way that a reasonable person would never 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 was the reason for their injury. This entails two types of causation:

Actual Cause: The defendant’s actions were the clear 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 actual 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.

Demonstrating all four elements is essential to achieving success in an injury claim. Don’t navigate this process alone. Our Bret Harte Pedestrian Accident Lawyers are prepared to stand by your side. Call us at 866-846-5955 for a free consultation.

 A pedestrian accident lawyer is invaluable in assisting an injured party handle the intricate legal proceedings and recover the damages they deserve after an incident. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Bret Harte Pedestrian Accident Lawyers review the details of the case, determine its legal merit, and advise the injured party on their rights and potential courses of action. They explain complex legal jargon and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We carry out a thorough investigation to secure documentation, such as official records, witness statements, medical records, and expert testimony. This strengthens the argument to prove negligence.

3. Handling Insurance Companies

Negotiating with insurers can be challenging, especially when they seek to undervalue claims. Our personal injury lawyers advocate for you with the insurance companies, drawing on experience to ensure just settlements.

4. Calculating Damages

Our lawyers analyze the full scope of damages, including healthcare costs, missed income, emotional pain, psychological harm, and long-term impacts. This makes certain that the injured party seeks compensation for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary documents, such as filing claims, preparing legal documents, and ensuring compliance with timelines, including the deadline for claims, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

The majority of injury claims are handled through negotiations. Our lawyers apply their experience to achieve optimal results for their client without the need for a trial.

7. Representation in Court

If a settlement cannot be reached, our Bret Harte pedestrian accident lawyers advocate for the injured party in court, laying out the facts and arguing the case to secure a favorable judgment.

By taking care of the legal work, our personal injury lawyers let you focus on getting better, while ensuring justice is served and appropriate damages are awarded.