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To establish liability in an injury case, 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 exercise reasonable care.

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 (or neglecting necessary actions) 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 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 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.

Proving all four elements is necessary to securing compensation. Don’t try to go it alone. Our Long Barn Personal Injury Lawyers are here to advocate for you. Call us at 866-846-5955 for a no-obligation consultation.

An injury attorney plays a crucial role in assisting an injured party navigate the complex legal process and recover the damages they deserve after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Long Barn personal injury lawyers evaluate the details of the case, confirm its legal merit, and counsel the injured party on their options and next steps. They clarify complex legal jargon and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We carry out a thorough investigation to gather evidence, such as accident reports, witness statements, medical records, and expert testimony. This strengthens the argument to show liability.

3. Handling Insurance Companies

Interacting with insurance representatives can be overwhelming, especially when they attempt to minimize payouts. Our Long Barn personal injury lawyers work on your behalf with the insurance companies, drawing on experience to advocate for fair compensation.

4. Calculating Damages

Our lawyers analyze the full scope of damages, including medical expenses, missed income, pain and suffering, psychological harm, and long-term impacts. This makes certain that the injured party pursues recovery for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary legal forms, such as filing claims, preparing legal documents, 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 handled through negotiations. Our lawyers use their negotiation skills to secure the best possible settlement for their client without the delay of litigation.

7. Representation in Court

If a settlement cannot be reached, our Long Barn lawyers represent the injured party in court, making their case and arguing the case to secure a favorable judgment.

By taking care of the legal work, our personal injury lawyers allow the injured party to focus on their recovery, while guaranteeing justice is served and appropriate damages are awarded.