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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 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 violated 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:

– 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 involves two types of causation:

Actual Cause: The defendant’s actions were the direct cause of the injury (e.g., running a red light caused a car crash).

Proximate Cause: The injury was a foreseeable result of the defendant’s actions.

4. Damages

The plaintiff must have suffered tangible harm or losses as a result the defendant’s actions.

This can include:

– Bodily harm.

– 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 try to go it alone. Our Hawaiian Gardens Personal Injury Lawyers are ready to fight for your rights. Call us at 866-846-5955 for a no-obligation consultation.

An injury attorney is essential in helping an injured party navigate the challenging legal system and maximize their compensation after an accident or injury. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Hawaiian Gardens personal injury lawyers assess the details of the case, identify its legal merit, and counsel the injured party on their legal opportunities. They clarify legal terminology and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We carry out a thorough investigation to gather evidence, such as official records, witness statements, medical records, and expert testimony. This strengthens the argument to prove negligence.

3. Handling Insurance Companies

Interacting with insurance representatives can be stressful, especially when they attempt to minimize payouts. Our Hawaiian Gardens personal injury lawyers work on your behalf with the insurance companies, drawing on experience to advocate for fair compensation.

4. Calculating Damages

Our attorneys analyze the complete extent of damages, including medical expenses, missed income, emotional pain, emotional distress, and anticipated expenses. This ensures that the injured party pursues recovery for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary documents, 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 resolved out of court. Our lawyers use their negotiation skills to obtain maximum compensation for their client without the hassle of court.

7. Representation in Court

If a resolution isn’t possible, our Hawaiian Gardens lawyers advocate for the injured party in court, laying out the facts and seeking a favorable outcome to secure a favorable judgment.

By handling the legal complexities, our personal injury lawyers enable clients to concentrate on their recovery, while making sure their rights are protected and a fair settlement is reached.