Elkhorn Pedestrian Accident Lawyers

In an injury claim, proving negligence is crucial. To prevail in a negligence claim, the injured party (plaintiff) must prove the following four elements:

1. Duty of Care

The defendant owed a legal responsibility to the plaintiff to act reasonably.

This might involve:

– 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 negligently (or omitting action) in a way that any reasonable individual 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.

– Monetary damages such as medical bills or lost wages.

Proving all four elements is critical to achieving success in an injury claim. Don’t face this on your own. Our Elkhorn Pedestrian Accident Lawyers are prepared to fight for your rights. Call us at 866-846-5955 for a free consultation.

 A pedestrian accident lawyer plays a crucial role in assisting an injured party handle the intricate legal proceedings and recover the damages they deserve after an accident or injury. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Elkhorn Pedestrian Accident Lawyers evaluate the details of the case, confirm its legal merit, and counsel the injured party on their rights and potential courses of action. They clarify confusing legal concepts and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We conduct a comprehensive investigation to gather evidence, such as accident reports, eyewitness accounts, healthcare documentation, and expert testimony. This solidifies the claim to show liability.

3. Handling Insurance Companies

Dealing with insurance adjusters can be overwhelming, especially when they offer low settlements. Our personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to ensure just settlements.

4. Calculating Damages

Our attorneys assess the entire range of damages, including medical expenses, lost wages, emotional pain, psychological harm, and long-term impacts. This makes certain that the injured party seeks compensation for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary legal forms, such as submitting lawsuits, drafting required forms, and meeting critical deadlines, including the deadline for claims, which could otherwise endanger the claim.

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 settlement cannot be reached, our Elkhorn pedestrian accident lawyers represent the injured party in court, presenting evidence and seeking a favorable outcome to win the case.

By handling the legal complexities, our personal injury lawyers allow the injured party to focus on healing, while guaranteeing their rights are protected and a fair settlement is reached.