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In an injury claim, negligence is the legal theory. To succeed 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.

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 failed to uphold their duty of care by acting (or failing to act) in a way that a prudent person would never 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 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 real harm or losses caused by the defendant’s actions.

This can include:

– Bodily harm.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Demonstrating all four elements is necessary to securing compensation. Don’t try to go it alone. Our Delft Colony Personal Injury Lawyers are prepared to stand by your side. Call us at 866-846-5955 for a no-obligation consultation.

An injury attorney is essential in assisting an injured party handle the challenging legal system and maximize their compensation after an incident. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our Delft Colony personal injury lawyers evaluate the details of the case, confirm its viability, and guide the injured party on their rights and potential courses of action. They break down complex legal jargon and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We carry out a detailed investigation to gather evidence, such as official records, eyewitness accounts, healthcare documentation, and expert testimony. This strengthens the argument to establish fault.

3. Handling Insurance Companies

Negotiating with insurers can be challenging, especially when they attempt to minimize payouts. Our Delft Colony personal injury lawyers work on your behalf with the insurance companies, drawing on experience to ensure just settlements.

4. Calculating Damages

Our lawyers assess the entire range of damages, including medical expenses, lost wages, pain and suffering, emotional distress, and future costs. This makes certain that the injured party pursues recovery for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary legal forms, 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

Many accident cases are handled through negotiations. Our lawyers employ expertise to achieve optimal results for their client without the delay of litigation.

7. Representation in Court

If a resolution isn’t possible, our Delft Colony lawyers advocate for the injured party in court, laying out the facts and fighting for justice to secure a favorable judgment.

By managing the legal details, our personal injury lawyers let you focus on their recovery, while making sure fair treatment and they receive the compensation they deserve.