Oakhurst Pedestrian Accident Lawyers

When pursuing a personal injury case, the concept of negligence forms the basis. 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 act reasonably.

For instance:

– 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 breached their duty of care by behaving (or omitting action) in a way that any reasonable individual would never under similar circumstances.

Examples include:

– 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 directly caused their injury. This involves 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 experienced tangible harm or losses due to the defendant’s actions.

This can include:

– Bodily harm.

– Psychological trauma.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is essential to achieving success in an injury claim. Don’t try to go it alone. Our Oakhurst Pedestrian Accident Lawyers are prepared to fight for your rights. Call us at 866-846-5955 for a complimentary case review.

 A legal advocate plays a crucial role in guiding an injured party navigate the intricate legal proceedings and seek full compensation after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Oakhurst Pedestrian Accident Lawyers review the details of the case, determine its viability, and advise the injured party on their options and next steps. They explain legal terminology and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We perform a comprehensive investigation to secure documentation, such as official records, witness statements, medical records, and specialist insights. This helps build a strong case to prove negligence.

3. Handling Insurance Companies

Dealing with insurance adjusters can be stressful, especially when they offer low settlements. Our personal injury lawyers advocate for you with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our legal experts analyze the full scope of damages, including healthcare costs, lost wages, emotional pain, psychological harm, and anticipated expenses. This guarantees that the injured party pursues recovery 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 endanger the claim.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers apply their experience to achieve optimal results for their client without the need for a trial.

7. Representation in Court

If a negotiation fails, our Oakhurst pedestrian accident lawyers represent the injured party in court, presenting evidence and fighting for justice to obtain the compensation deserved.

By managing the legal details, our personal injury lawyers enable clients to concentrate on their recovery, while ensuring their rights are protected and appropriate damages are awarded.