La Presa Pedestrian Accident Lawyers

In an injury claim, negligence is the legal theory. To prevail in a negligence claim, the injured party (plaintiff) must establish the following four elements:

1. Duty of Care

The defendant owed a legal responsibility to the plaintiff to avoid causing harm.

For instance:

– 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 failed to uphold their duty of care by acting negligently (or failing to act) in a way that a prudent person would not under similar circumstances.

This can look like:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must demonstrate that the defendant’s breach of duty was the reason for their injury. This involves two types of causation:

Actual Cause: The defendant’s actions were the direct 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 real 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.

Establishing all four elements is necessary to securing compensation. Don’t try to go it alone. Our La Presa Pedestrian Accident Lawyers are ready to stand by your side. Call us at 866-846-5955 for a complimentary case review.

 A legal advocate plays a crucial role in guiding an injured party handle the intricate legal proceedings and seek full compensation after an incident. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our La Presa Pedestrian Accident Lawyers review the details of the case, confirm its viability, and guide the injured party on their legal opportunities. They break down legal terminology and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We perform a detailed investigation to gather evidence, such as accident reports, eyewitness accounts, healthcare documentation, and expert testimony. This strengthens the argument to establish fault.

3. Handling Insurance Companies

Negotiating with insurers can be overwhelming, especially when they attempt to minimize payouts. Our personal injury lawyers negotiate directly with the insurance companies, drawing on experience to push for appropriate payouts.

4. Calculating Damages

Our legal experts assess the complete extent of damages, including medical expenses, missed income, emotional pain, emotional distress, and future costs. This makes certain that the injured party demands payment for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary documents, such as filing claims, preparing legal documents, and meeting critical deadlines, including the statute of limitations, which could otherwise jeopardize the case.

6. Negotiation and Settlement

Many accident cases are resolved out of court. 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 negotiation fails, our La Presa pedestrian accident lawyers advocate for the injured party in court, making their case and fighting for justice to obtain the compensation deserved.

By handling the legal complexities, our personal injury lawyers enable clients to concentrate on healing, while ensuring fair treatment and they receive the compensation they deserve.