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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 demonstrate the following four elements:

1. Duty of Care

The defendant owed a obligation to the plaintiff to avoid causing harm.

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 failed to uphold their duty of care by acting negligently (or neglecting necessary actions) in a way that a reasonable person would not under similar circumstances.

This can look like:

– Running a red light or speeding.

– Ignoring a hazardous condition on a property.

3. Causation

The plaintiff must demonstrate 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 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 suffered tangible harm or losses caused by the defendant’s actions.

This can include:

– Bodily harm.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is necessary to securing compensation. Don’t try to go it alone. Our Lemon Hill Personal Injury Lawyers are ready to stand by your side. Call us at 866-846-5955 for a complimentary case review.

A legal advocate is essential in helping an injured party manage the challenging legal system and seek full compensation after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Lemon Hill personal injury lawyers assess the details of the case, identify its strength, and counsel the injured party on their options and next steps. They explain complex legal jargon and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We perform a detailed investigation to collect proof, such as accident reports, eyewitness accounts, medical records, and expert testimony. This helps build a strong case to establish fault.

3. Handling Insurance Companies

Negotiating with insurers can be overwhelming, especially when they seek to undervalue claims. Our Lemon Hill personal injury lawyers work on your behalf with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our attorneys assess the full scope of damages, including medical expenses, lost wages, emotional pain, emotional distress, and anticipated expenses. This guarantees that the injured party demands payment for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary paperwork, such as submitting lawsuits, drafting required forms, 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 employ expertise to achieve optimal results for their client without the delay of litigation.

7. Representation in Court

If a settlement cannot be reached, our Lemon Hill lawyers represent the injured party in court, presenting evidence and seeking a favorable outcome to obtain the compensation deserved.

By taking care of the legal work, our personal injury lawyers allow the injured party to focus on healing, while ensuring justice is served and a fair settlement is reached.