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To establish liability in an injury case, the concept of negligence forms the basis. 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.

Examples include:

– Drivers following traffic laws and driving responsibly.

– A property owner’s duty to maintain safe premises for visitors.

2. Breach of Duty

The defendant breached their duty of care by acting (or neglecting necessary actions) in a way that any reasonable individual would never under similar circumstances.

Common breaches involve:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must show that the defendant’s breach of duty directly caused their injury. This involves two types of causation:

Actual Cause: The defendant’s actions were the immediate 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 actual harm or losses due to the defendant’s actions.

This can include:

– Bodily harm.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Demonstrating all four elements is critical to winning a case. Don’t navigate this process alone. Our Hawthorne Personal Injury Lawyers are prepared to fight for your rights. Call us at 866-846-5955 for a complimentary case review.

A legal advocate is essential in helping an injured party navigate the challenging legal system and recover the damages they deserve after an accident or injury. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Hawthorne personal injury lawyers review the details of the case, identify its viability, and guide the injured party on their rights and potential courses of action. They explain legal terminology and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We conduct a detailed investigation to secure documentation, such as accident reports, eyewitness accounts, healthcare documentation, and specialist insights. This solidifies the claim to prove negligence.

3. Handling Insurance Companies

Dealing with insurance adjusters can be stressful, especially when they attempt to minimize payouts. Our Hawthorne personal injury lawyers negotiate directly with the insurance companies, drawing on experience to push for appropriate payouts.

4. Calculating Damages

Our legal experts evaluate the full scope of damages, including medical expenses, missed income, pain and suffering, emotional distress, and future costs. This ensures that the injured party pursues recovery for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary paperwork, such as submitting lawsuits, preparing legal documents, and staying on top of timelines, including the deadline for claims, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

The majority of injury claims are handled through negotiations. Our lawyers use their negotiation skills to secure the best possible settlement for their client without the hassle of court.

7. Representation in Court

If a resolution isn’t possible, our Hawthorne lawyers represent the injured party in court, presenting evidence and seeking a favorable outcome to secure a favorable judgment.

By handling the legal complexities, our personal injury lawyers let you focus on their recovery, while making sure their rights are protected and appropriate damages are awarded.