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In an injury claim, proving negligence is crucial. To succeed in a negligence claim, the injured party (plaintiff) must establish the following four elements:

1. Duty of Care

The defendant owed a obligation to the plaintiff to act reasonably.

Examples include:

– Drivers following traffic laws and driving responsibly.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant breached their duty of care by behaving (or omitting action) in a way that a prudent person would not under similar circumstances.

Examples include:

– 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 (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 actual harm or losses as a result the defendant’s actions.

This can include:

– Bodily harm.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is critical to achieving success in an injury claim. Don’t navigate this process alone. Our Palm Desert Personal Injury Lawyers are prepared to stand by your side. Call us at 866-846-5955 for a complimentary case review.

A legal advocate is essential in helping an injured party navigate the complex legal process and recover the damages they deserve after an incident. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our Palm Desert personal injury lawyers assess the details of the case, confirm its legal merit, and guide the injured party on their options and next steps. They explain 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, healthcare documentation, and expert testimony. This solidifies the claim to establish fault.

3. Handling Insurance Companies

Interacting with insurance representatives can be overwhelming, especially when they offer low settlements. Our Palm Desert personal injury lawyers work on your behalf with the insurance companies, using their expertise to push for appropriate payouts.

4. Calculating Damages

Our attorneys assess the entire range of damages, including healthcare costs, lost wages, pain and suffering, psychological harm, and future costs. This guarantees that the injured party seeks compensation for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary legal forms, such as filing claims, drafting required forms, and meeting critical deadlines, including the statute of limitations, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

The majority of injury claims are handled through negotiations. Our lawyers apply their experience to achieve optimal results for their client without the delay of litigation.

7. Representation in Court

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

By handling the legal complexities, our personal injury lawyers let you focus on their recovery, while making sure fair treatment and a fair settlement is reached.