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To establish liability in an injury case, negligence is the legal theory. To succeed 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 exercise reasonable care.

This might involve:

– A driver’s duty to obey traffic laws and operate their vehicle safely.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant violated their duty of care by acting (or omitting action) in a way that any reasonable individual would never under similar circumstances.

Common breaches involve:

– 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 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 incurred tangible harm or losses caused by the defendant’s actions.

This can include:

– Physical injuries.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is critical to securing compensation. Don’t navigate this process alone. Our Kettleman City Personal Injury Lawyers are prepared to advocate for you. Call us at 866-846-5955 for a free consultation.

An injury attorney is essential in assisting an injured party manage the complex legal process and seek full compensation after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Kettleman City personal injury lawyers assess the details of the case, identify its strength, and counsel the injured party on their rights and potential courses of action. They clarify legal terminology and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We perform a thorough investigation to secure documentation, such as official records, witness statements, medical records, and specialist insights. This strengthens the argument to establish fault.

3. Handling Insurance Companies

Dealing with insurance adjusters can be challenging, especially when they attempt to minimize payouts. Our Kettleman City personal injury lawyers work on your behalf with the insurance companies, using their expertise to ensure just settlements.

4. Calculating Damages

Our lawyers assess the entire range of damages, including healthcare costs, missed income, pain and suffering, emotional distress, and future costs. This ensures that the injured party seeks compensation for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary legal forms, such as submitting lawsuits, drafting required forms, and staying on top of timelines, including the deadline for claims, which could otherwise endanger the claim.

6. Negotiation and Settlement

Many accident cases are handled through negotiations. Our lawyers use their negotiation skills to achieve optimal results for their client without the need for a trial.

7. Representation in Court

If a resolution isn’t possible, our Kettleman City lawyers stand by the injured party in court, presenting evidence and fighting for justice to secure a favorable judgment.

By taking care of the legal work, our personal injury lawyers let you focus on getting better, while guaranteeing justice is served and appropriate damages are awarded.