Phelan Auto Accident Lawyers

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

1. Duty of Care

The defendant owed a obligation to the plaintiff to exercise reasonable care.

For instance:

– Drivers following traffic laws and driving responsibly.

– A property owner’s duty to maintain safe premises for visitors.

2. Breach of Duty

The defendant breached their duty of care by acting (or failing to act) in a way that a reasonable person would not under similar circumstances.

Examples include:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must demonstrate that the defendant’s breach of duty was the reason for their injury. This requires 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 incurred actual harm or losses caused by the defendant’s actions.

This can include:

– Physical injuries.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is critical to achieving success in an injury claim. Don’t face this on your own. Our Phelan Auto Accident Lawyers are ready to fight for your rights. Call us at 866-846-5955 for a no-obligation consultation.

An auto accident lawyer plays a crucial role in guiding an injured party navigate the complex legal process and recover the damages they deserve after an incident. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Phelan auto accident lawyers assess the details of the case, confirm its strength, and guide the injured party on their legal opportunities. They break down confusing legal concepts and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We perform a detailed investigation to collect proof, such as official records, eyewitness accounts, healthcare documentation, and specialist insights. This helps build a strong case to establish fault.

3. Handling Insurance Companies

Interacting with insurance representatives can be stressful, especially when they offer low settlements. Our Phelan auto accident lawyers negotiate directly with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our attorneys analyze the full scope of damages, including medical expenses, missed income, pain and suffering, emotional distress, and future costs. This guarantees 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 legal filing period, which could otherwise endanger the claim.

6. Negotiation and Settlement

Most personal injury cases are resolved out of court. Our lawyers apply their experience to secure the best possible settlement for their client without the need for a trial.

7. Representation in Court

If a resolution isn’t possible, our Phelan lawyers stand by the injured party in court, laying out the facts and arguing the case to win the case.

By taking care of the legal work, our auto accident lawyers allow the injured party to focus on healing, while guaranteeing their rights are protected and a fair settlement is reached.