Cherry Valley Auto Accident Lawyers

In an injury claim, negligence is the legal theory. To prevail in a negligence claim, the injured party (plaintiff) must demonstrate the following four elements:

1. Duty of Care

The defendant owed a duty 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 violated their duty of care by acting (or failing to act) in a way that a reasonable person would not under similar circumstances.

Examples include:

– Running a red light or speeding.

– Ignoring a hazardous condition on a property.

3. Causation

The plaintiff must prove that the defendant’s breach of duty directly caused their injury. This requires 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 experienced tangible harm or losses as a result the defendant’s actions.

This can include:

– Physical injuries.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Establishing all four elements is critical to achieving success in an injury claim. Don’t face this on your own. Our Cherry Valley Auto Accident Lawyers are prepared to stand by your side. Call us at 866-846-5955 for a no-obligation consultation.

An auto injury attorney is essential in guiding an injured party handle the complex legal process and maximize their compensation after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Cherry Valley auto accident lawyers assess the details of the case, determine its viability, and advise the injured party on their options and next steps. They clarify legal terminology and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We perform a detailed investigation to secure documentation, such as accident reports, witness statements, healthcare documentation, and specialist insights. This strengthens the argument to prove negligence.

3. Handling Insurance Companies

Negotiating with insurers can be overwhelming, especially when they seek to undervalue claims. Our Cherry Valley auto accident lawyers work on your behalf with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our lawyers analyze the complete extent of damages, including healthcare costs, missed income, pain and suffering, psychological harm, and long-term impacts. This ensures that the injured party demands payment for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary legal forms, such as filing claims, preparing legal documents, and staying on top of timelines, including the deadline for claims, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

Many accident cases are handled through negotiations. Our lawyers employ expertise to obtain maximum compensation for their client without the need for a trial.

7. Representation in Court

If a negotiation fails, our Cherry Valley lawyers represent the injured party in court, laying out the facts and arguing the case to secure a favorable judgment.

By handling the legal complexities, our auto accident lawyers let you focus on getting better, while ensuring their rights are protected and they receive the compensation they deserve.