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In an injury claim, 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 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 acting negligently (or omitting action) in a way that a prudent person would not under similar circumstances.

Examples include:

– 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 directly caused their injury. This entails two types of causation:

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

This can include:

– Bodily harm.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Proving all four elements is critical to winning a case. Don’t try to go it alone. Our Kelly Ridge Personal Injury Lawyers are here to advocate for you. Call us at 866-846-5955 for a complimentary case review.

A personal injury lawyer is invaluable in helping an injured party handle the complex legal process and seek full compensation after an incident. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Kelly Ridge personal injury lawyers assess the details of the case, determine its strength, and counsel 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 conduct a thorough investigation to secure documentation, such as accident reports, eyewitness accounts, healthcare documentation, and specialist insights. This helps build a strong case to establish fault.

3. Handling Insurance Companies

Negotiating with insurers can be stressful, especially when they attempt to minimize payouts. Our Kelly Ridge personal injury lawyers advocate for you with the insurance companies, using their expertise to ensure just settlements.

4. Calculating Damages

Our attorneys evaluate the complete extent of damages, including healthcare costs, missed income, pain and suffering, psychological harm, and future costs. This makes certain that the injured party demands payment for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary legal forms, such as filing claims, drafting required forms, and meeting critical deadlines, including the deadline for claims, which could otherwise jeopardize the case.

6. Negotiation and Settlement

Many accident cases are settled without trial. Our lawyers apply their experience to achieve optimal results for their client without the need for a trial.

7. Representation in Court

If a settlement cannot be reached, our Kelly Ridge lawyers advocate for the injured party in court, laying out the facts and fighting for justice to obtain the compensation deserved.

By managing the legal details, our personal injury lawyers enable clients to concentrate on healing, while guaranteeing their rights are protected and a fair settlement is reached.