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To establish liability in an injury case, the concept of negligence forms the basis. 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 act reasonably.

This might involve:

– 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 behaving (or omitting action) in a way that a reasonable person would never under similar circumstances.

Common breaches involve:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must show 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 immediate 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 experienced actual harm or losses due to the defendant’s actions.

This can include:

– Pain and suffering.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is necessary to securing compensation. Don’t face this on your own. Our Manchester Personal Injury Lawyers are prepared to advocate for you. Call us at 866-846-5955 for a complimentary case review.

A personal injury lawyer is essential in guiding an injured party manage the challenging legal system and seek full compensation after an accident or injury. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Manchester personal injury lawyers assess the details of the case, confirm its strength, and counsel the injured party on their legal opportunities. They explain legal terminology and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We perform a thorough investigation to collect proof, such as accident reports, witness statements, healthcare documentation, and expert testimony. This helps build a strong case to prove negligence.

3. Handling Insurance Companies

Negotiating with insurers can be stressful, especially when they seek to undervalue claims. Our Manchester personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to ensure just settlements.

4. Calculating Damages

Our lawyers analyze the complete extent of damages, including healthcare costs, missed income, emotional pain, emotional distress, and long-term impacts. This guarantees that the injured party demands payment for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary documents, such as submitting lawsuits, preparing legal documents, and ensuring compliance with timelines, including the legal filing period, which could otherwise endanger the claim.

6. Negotiation and Settlement

The majority of injury claims are resolved out of court. Our lawyers employ expertise to achieve optimal results for their client without the delay of litigation.

7. Representation in Court

If a resolution isn’t possible, our Manchester lawyers stand by the injured party in court, making their case and seeking a favorable outcome to secure a favorable judgment.

By handling the legal complexities, our personal injury lawyers allow the injured party to focus on getting better, while ensuring justice is served and a fair settlement is reached.