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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 prove the following four elements:

1. Duty of Care

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

For instance:

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

– Keeping properties safe for guests.

2. Breach of Duty

The defendant breached their duty of care by acting negligently (or neglecting necessary actions) in a way that a prudent person would never under similar circumstances.

This can look like:

– Traffic violations such as 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 immediate 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 as a result the defendant’s actions.

This can include:

– Bodily harm.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is critical to achieving success in an injury claim. Don’t face this on your own. Our Littlerock Personal Injury Lawyers are here to fight for your rights. Call us at 866-846-5955 for a complimentary case review.

A personal injury lawyer is essential in assisting an injured party handle the challenging legal system and seek full compensation after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Littlerock personal injury lawyers assess the details of the case, identify its legal merit, and guide the injured party on their options and next steps. They clarify confusing legal concepts and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We conduct a comprehensive investigation to collect proof, such as official records, eyewitness accounts, healthcare documentation, and expert testimony. This solidifies the claim to show liability.

3. Handling Insurance Companies

Interacting with insurance representatives can be overwhelming, especially when they offer low settlements. Our Littlerock personal injury lawyers work on your behalf with the insurance companies, drawing on experience to push for appropriate payouts.

4. Calculating Damages

Our attorneys analyze the full scope of damages, including healthcare costs, lost wages, pain and suffering, emotional distress, and anticipated expenses. This ensures that the injured party demands payment for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary paperwork, such as filing claims, drafting required forms, and meeting critical deadlines, including the legal filing period, which could otherwise endanger the claim.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers employ expertise to achieve optimal results for their client without the hassle of court.

7. Representation in Court

If a negotiation fails, our Littlerock lawyers represent the injured party in court, making their case and seeking a favorable outcome to secure a favorable judgment.

By taking care of the legal work, our personal injury lawyers allow the injured party to focus on healing, while guaranteeing their rights are protected and a fair settlement is reached.