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To establish liability in an injury case, negligence is the legal theory. To win 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 exercise reasonable care.

For instance:

– Drivers following traffic laws and driving responsibly.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant breached their duty of care by behaving (or neglecting necessary actions) in a way that any reasonable individual would not 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 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 actual harm or losses as a result the defendant’s actions.

This can include:

– Physical injuries.

– Psychological trauma.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is essential to winning a case. Don’t navigate this process alone. Our Citrus Heights Personal Injury Lawyers are prepared to fight for your rights. Call us at 866-846-5955 for a no-obligation consultation.

A personal injury lawyer plays a crucial role in guiding an injured party manage the challenging legal system and seek full compensation after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Citrus Heights personal injury lawyers review the details of the case, confirm its legal merit, and advise the injured party on their legal opportunities. They clarify complex legal jargon and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We perform a detailed investigation to collect proof, such as official records, witness statements, healthcare documentation, and expert testimony. This helps build a strong case to prove negligence.

3. Handling Insurance Companies

Interacting with insurance representatives can be stressful, especially when they offer low settlements. Our Citrus Heights personal injury lawyers negotiate directly with the insurance companies, drawing on experience to ensure just settlements.

4. Calculating Damages

Our legal experts evaluate the complete extent of damages, including medical expenses, lost wages, pain and suffering, psychological harm, and future costs. This guarantees that the injured party demands payment for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary documents, such as submitting lawsuits, drafting required forms, and meeting critical deadlines, 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 employ expertise to secure the best possible settlement for their client without the need for a trial.

7. Representation in Court

If a settlement cannot be reached, our Citrus Heights lawyers advocate for the injured party in court, making their case and fighting for justice to obtain the compensation deserved.

By taking care of the legal work, our personal injury lawyers enable clients to concentrate on getting better, while making sure their rights are protected and a fair settlement is reached.