East Oakdale Pedestrian Accident Lawyers

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

1. Duty of Care

The defendant owed a duty to the plaintiff to act reasonably.

Examples include:

– A driver’s duty to obey traffic laws and operate their vehicle safely.

– 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 negligently (or neglecting necessary actions) in a way that any reasonable individual would not under similar circumstances.

Examples include:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must prove that the defendant’s breach of duty led to their harm. 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 caused by the defendant’s actions.

This can include:

– Pain and suffering.

– Psychological trauma.

– Monetary damages such as medical bills or lost wages.

Proving all four elements is critical to securing compensation. Don’t face this on your own. Our East Oakdale Pedestrian Accident Lawyers are prepared to fight for your rights. Call us at 866-846-5955 for a free consultation.

 A legal advocate is invaluable in helping an injured party handle the intricate legal proceedings and seek full compensation after an accident or injury. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our East Oakdale Pedestrian Accident Lawyers assess the details of the case, determine its viability, and advise the injured party on their options and next steps. They break down legal terminology and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We perform a thorough investigation to gather evidence, such as accident reports, witness statements, medical records, and specialist insights. This solidifies the claim to show liability.

3. Handling Insurance Companies

Dealing with insurance adjusters can be overwhelming, especially when they seek to undervalue claims. Our personal injury lawyers negotiate directly with the insurance companies, using their expertise to push for appropriate payouts.

4. Calculating Damages

Our lawyers evaluate the complete extent of damages, including medical expenses, lost wages, emotional pain, emotional distress, and anticipated expenses. This guarantees that the injured party seeks compensation for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary documents, such as filing claims, drafting required forms, and meeting critical deadlines, including the deadline for claims, which could otherwise jeopardize the case.

6. Negotiation and Settlement

Most personal injury cases are resolved out of court. Our lawyers use their negotiation skills to obtain maximum compensation for their client without the delay of litigation.

7. Representation in Court

If a resolution isn’t possible, our East Oakdale pedestrian accident lawyers advocate for the injured party in court, making their case and fighting for justice to obtain the compensation deserved.

By managing the legal details, our personal injury lawyers allow the injured party to focus on healing, while ensuring fair treatment and they receive the compensation they deserve.