Oakdale Pedestrian Accident Lawyers

In an injury claim, proving negligence is crucial. To prevail 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.

– Keeping properties safe for guests.

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.

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 directly caused their injury. This entails two types of causation:

Actual Cause: The defendant’s actions were the clear 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 necessary to winning a case. Don’t face this on your own. Our Oakdale Pedestrian Accident Lawyers are here to fight for your rights. Call us at 866-846-5955 for a complimentary case review.

 A pedestrian accident lawyer is essential in helping an injured party manage the challenging legal system and recover the damages they deserve after an incident. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our Oakdale Pedestrian Accident Lawyers review the details of the case, identify its strength, and advise the injured party on their options and next steps. They break down legal terminology and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We perform a thorough investigation to gather evidence, such as accident reports, eyewitness accounts, healthcare documentation, and expert testimony. This solidifies the claim to show liability.

3. Handling Insurance Companies

Negotiating with insurers can be overwhelming, especially when they attempt to minimize payouts. Our personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our attorneys evaluate the complete extent of damages, including healthcare costs, lost wages, emotional pain, psychological harm, and future costs. This guarantees that the injured party demands payment for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary documents, such as filing claims, preparing legal documents, and meeting critical deadlines, including the deadline for claims, which could otherwise jeopardize the case.

6. Negotiation and Settlement

Most personal injury cases are resolved out of court. Our lawyers apply their experience to achieve optimal results for their client without the delay of litigation.

7. Representation in Court

If a settlement cannot be reached, our Oakdale pedestrian accident lawyers advocate for the injured party in court, making their case and seeking a favorable outcome to win the case.

By handling the legal complexities, our personal injury lawyers allow the injured party to focus on their recovery, while ensuring fair treatment and a fair settlement is reached.