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To establish liability in an injury case, negligence is the legal theory. To win in a negligence claim, the injured party (plaintiff) must demonstrate the following four elements:

1. Duty of Care

The defendant owed a duty to the plaintiff to avoid causing harm.

This might involve:

– 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 negligently (or failing to act) in a way that a prudent person would not under similar circumstances.

This can look like:

– Traffic violations such as speeding.

– Ignoring a hazardous condition on a property.

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

This can include:

– Pain and suffering.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Proving all four elements is essential to winning a case. Don’t navigate this process alone. Our Philo Personal Injury Lawyers are prepared to fight for your rights. Call us at 866-846-5955 for a free consultation.

A legal advocate is invaluable in guiding an injured party navigate 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 Philo personal injury lawyers assess the details of the case, identify its viability, and guide the injured party on their options and next steps. They clarify legal terminology and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We conduct a thorough investigation to secure documentation, such as official records, eyewitness accounts, medical records, and expert testimony. This strengthens the argument to show liability.

3. Handling Insurance Companies

Negotiating with insurers can be stressful, especially when they attempt to minimize payouts. Our Philo personal injury lawyers negotiate directly with the insurance companies, using their expertise to advocate for fair compensation.

4. Calculating Damages

Our legal experts assess the full scope of damages, including healthcare costs, missed income, pain and suffering, emotional distress, and future costs. This makes certain that the injured party pursues recovery for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary documents, such as filing claims, drafting required forms, and meeting critical deadlines, including the deadline for claims, which could otherwise endanger the claim.

6. Negotiation and Settlement

Many accident cases are settled without trial. Our lawyers employ expertise to obtain maximum compensation for their client without the need for a trial.

7. Representation in Court

If a settlement cannot be reached, our Philo lawyers advocate for the injured party in court, presenting evidence and seeking a favorable outcome to secure a favorable judgment.

By taking care of the legal work, our personal injury lawyers enable clients to concentrate on getting better, while ensuring their rights are protected and they receive the compensation they deserve.