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To establish liability in an 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 obligation to the plaintiff to avoid causing harm.

This might involve:

– Drivers following traffic laws and driving responsibly.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant breached their duty of care by behaving (or failing to act) in a way that any reasonable individual would not under similar circumstances.

This can look like:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must show that the defendant’s breach of duty was the reason for their injury. 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 experienced tangible harm or losses caused by the defendant’s actions.

This can include:

– Physical injuries.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is necessary to winning a case. Don’t face this on your own. Our Hacienda Heights Personal Injury Lawyers are prepared to advocate for you. Call us at 866-846-5955 for a no-obligation consultation.

A personal injury lawyer plays a crucial role in assisting an injured party handle the intricate legal proceedings and maximize their compensation after an incident. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our Hacienda Heights personal injury lawyers review the details of the case, identify its strength, and advise the injured party on their options and next steps. They explain legal terminology and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We carry out a detailed investigation to collect proof, such as accident reports, eyewitness accounts, healthcare documentation, and specialist insights. This helps build a strong case to prove negligence.

3. Handling Insurance Companies

Dealing with insurance adjusters can be overwhelming, especially when they offer low settlements. Our Hacienda Heights personal injury lawyers advocate for you with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our attorneys evaluate the complete extent of damages, including healthcare costs, lost wages, emotional pain, emotional distress, and future costs. This makes certain that the injured party pursues recovery for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary legal forms, such as filing claims, preparing legal documents, and ensuring compliance with timelines, including the statute of limitations, which could otherwise endanger the claim.

6. Negotiation and Settlement

The majority of injury claims are handled through negotiations. Our lawyers apply their experience to achieve optimal results for their client without the need for a trial.

7. Representation in Court

If a negotiation fails, our Hacienda Heights lawyers stand by the injured party in court, laying out the facts and arguing the case to win the case.

By taking care of the legal work, our personal injury lawyers allow the injured party to focus on their recovery, while ensuring their rights are protected and appropriate damages are awarded.