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To establish liability in an injury case, the concept of negligence forms the basis. To succeed in a negligence claim, the injured party (plaintiff) must prove the following four elements:

1. Duty of Care

The defendant owed a obligation to the plaintiff to act reasonably.

This might involve:

– 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 behaving (or failing to act) in a way that a reasonable person would never under similar circumstances.

This can look like:

– Traffic violations such as speeding.

– Ignoring a hazardous condition on a property.

3. Causation

The plaintiff must prove that the defendant’s breach of duty led to their harm. This requires 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 incurred tangible harm or losses due to the defendant’s actions.

This can include:

– Pain and suffering.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is necessary to achieving success in an injury claim. Don’t navigate this process alone. Our Ivanhoe Personal Injury Lawyers are ready to advocate for you. Call us at 866-846-5955 for a complimentary case review.

An injury attorney is essential in guiding an injured party navigate the challenging legal system and maximize their compensation after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Ivanhoe personal injury lawyers evaluate the details of the case, confirm its viability, and advise the injured party on their legal opportunities. They break down confusing legal concepts and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We carry out a thorough investigation to collect proof, such as accident reports, eyewitness accounts, healthcare documentation, and expert testimony. This helps build a strong case to show liability.

3. Handling Insurance Companies

Dealing with insurance adjusters can be challenging, especially when they seek to undervalue claims. Our Ivanhoe personal injury lawyers work on your behalf with the insurance companies, drawing on experience to advocate for fair compensation.

4. Calculating Damages

Our attorneys assess the complete extent of damages, including healthcare costs, missed income, emotional pain, psychological harm, and future costs. This guarantees that the injured party pursues recovery for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

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

6. Negotiation and Settlement

Many accident 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 negotiation fails, our Ivanhoe lawyers stand by the injured party in court, presenting evidence and arguing the case to secure a favorable judgment.

By taking care of the legal work, our personal injury lawyers let you focus on their recovery, while guaranteeing justice is served and a fair settlement is reached.