El Portal Auto Accident Lawyers

When pursuing a personal injury case, the concept of negligence forms the basis. 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 avoid causing harm.

For instance:

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

– Keeping properties safe for guests.

2. Breach of Duty

The defendant failed to uphold their duty of care by acting (or neglecting necessary actions) 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 demonstrate that the defendant’s breach of duty led to their harm. This involves 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 suffered tangible harm or losses caused by 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 essential to achieving success in an injury claim. Don’t navigate this process alone. Our El Portal Auto Accident Lawyers are ready to fight for your rights. Call us at 866-846-5955 for a free consultation.

An auto injury attorney plays a crucial role in assisting an injured party navigate the complex legal process and seek full compensation after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our El Portal auto accident lawyers evaluate the details of the case, confirm its legal merit, and counsel the injured party on their legal opportunities. They explain legal terminology and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We carry out a comprehensive investigation to gather evidence, such as accident reports, witness statements, healthcare documentation, and specialist insights. This solidifies the claim to establish fault.

3. Handling Insurance Companies

Dealing with insurance adjusters can be stressful, especially when they seek to undervalue claims. Our El Portal auto accident lawyers advocate for you with the insurance companies, using their expertise to advocate for fair compensation.

4. Calculating Damages

Our legal experts analyze the complete extent of damages, including healthcare costs, missed income, emotional pain, psychological harm, and future costs. This makes certain that the injured party seeks compensation for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary paperwork, such as submitting lawsuits, preparing legal documents, and meeting critical deadlines, including the deadline for claims, which could otherwise jeopardize the case.

6. Negotiation and Settlement

Most personal injury cases are handled through negotiations. Our lawyers use their negotiation skills to obtain maximum compensation for their client without the need for a trial.

7. Representation in Court

If a resolution isn’t possible, our El Portal lawyers advocate for the injured party in court, presenting evidence and seeking a favorable outcome to win the case.

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