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To establish liability in an injury case, negligence is the legal theory. To win 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:

– Drivers following traffic laws and driving responsibly.

– Keeping properties safe for guests.

2. Breach of Duty

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

Common breaches involve:

– 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 entails 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.

– Psychological trauma.

– Monetary damages such as medical bills or lost wages.

Establishing all four elements is critical to securing compensation. Don’t navigate this process alone. Our Lake Sherwood Personal Injury Lawyers are here to stand by your side. Call us at 866-846-5955 for a no-obligation consultation.

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

1. Legal Guidance and Case Evaluation

Our Lake Sherwood personal injury lawyers assess the details of the case, confirm its viability, and advise the injured party on their legal opportunities. They clarify confusing legal concepts and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We carry out a detailed investigation to secure documentation, such as accident reports, eyewitness accounts, medical records, and expert testimony. This helps build a strong case to show liability.

3. Handling Insurance Companies

Negotiating with insurers can be stressful, especially when they seek to undervalue claims. Our Lake Sherwood personal injury lawyers work on your behalf with the insurance companies, using their expertise to advocate for fair compensation.

4. Calculating Damages

Our attorneys evaluate the complete extent of damages, including medical expenses, missed income, pain and suffering, emotional distress, and future costs. This ensures that the injured party seeks compensation for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary documents, such as submitting lawsuits, drafting required forms, and meeting critical deadlines, including the deadline for claims, which could otherwise endanger the claim.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers apply their experience to secure the best possible settlement for their client without the delay of litigation.

7. Representation in Court

If a negotiation fails, our Lake Sherwood lawyers represent the injured party in court, presenting evidence and arguing the case to obtain the compensation deserved.

By taking care of the legal work, our personal injury lawyers allow the injured party to focus on getting better, while guaranteeing their rights are protected and they receive the compensation they deserve.