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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 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.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant failed to uphold their duty of care by behaving (or omitting action) in a way that any reasonable individual would not under similar circumstances.

This can look like:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must demonstrate 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 direct 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 actual harm or losses due to the defendant’s actions.

This can include:

– Pain and suffering.

– Psychological trauma.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is critical to achieving success in an injury claim. Don’t try to go it alone. Our East Bakersfield Personal Injury Lawyers are here to fight for your rights. Call us at 866-846-5955 for a complimentary case review.

A legal advocate plays a crucial role in assisting an injured party manage the intricate legal proceedings and recover the damages they deserve after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our East Bakersfield personal injury lawyers evaluate the details of the case, confirm its viability, and counsel the injured party on their legal opportunities. They break down confusing legal concepts and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We carry out a detailed investigation to collect proof, such as official records, witness statements, healthcare documentation, and expert testimony. This helps build a strong case to establish fault.

3. Handling Insurance Companies

Dealing with insurance adjusters can be challenging, especially when they attempt to minimize payouts. Our East Bakersfield personal injury lawyers advocate for you with the insurance companies, drawing on experience to push for appropriate payouts.

4. Calculating Damages

Our legal experts assess the complete extent of damages, including healthcare costs, missed income, emotional pain, emotional distress, and future costs. This guarantees that the injured party pursues recovery for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary legal forms, such as submitting lawsuits, drafting required forms, and staying on top of timelines, including the deadline for claims, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

Most personal injury cases are handled through negotiations. Our lawyers use their negotiation skills to secure the best possible settlement for their client without the delay of litigation.

7. Representation in Court

If a settlement cannot be reached, our East Bakersfield lawyers represent the injured party in court, presenting evidence and arguing the case to secure a favorable judgment.

By taking care of the legal work, our personal injury lawyers enable clients to concentrate on their recovery, while guaranteeing their rights are protected and appropriate damages are awarded.