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In an injury claim, 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 duty 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 violated their duty of care by behaving (or neglecting necessary actions) in a way that a prudent person would not under similar circumstances.

This can look like:

– Running a red light or speeding.

– Ignoring a hazardous condition on a property.

3. Causation

The plaintiff must demonstrate 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 due to the defendant’s actions.

This can include:

– Pain and suffering.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is critical to securing compensation. Don’t face this on your own. Our Piñon Hills 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 assisting an injured party manage the intricate legal proceedings and maximize their compensation after an incident. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our Piñon Hills personal injury lawyers assess the details of the case, confirm its viability, and advise the injured party on their options and next steps. They explain legal terminology and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We carry out a thorough investigation to collect proof, such as accident reports, eyewitness accounts, healthcare documentation, and specialist insights. This helps build a strong case to show liability.

3. Handling Insurance Companies

Interacting with insurance representatives can be overwhelming, especially when they attempt to minimize payouts. Our Piñon Hills personal injury lawyers work on your behalf with the insurance companies, using their expertise to advocate for fair compensation.

4. Calculating Damages

Our attorneys analyze the full scope of damages, including healthcare costs, lost wages, emotional pain, psychological harm, and anticipated expenses. This makes certain that the injured party pursues recovery for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary documents, such as submitting lawsuits, preparing legal documents, and staying on top of timelines, including the legal filing period, which could otherwise jeopardize the case.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers apply their experience to secure the best possible settlement for their client without the hassle of court.

7. Representation in Court

If a settlement cannot be reached, our Piñon Hills lawyers advocate for the injured party in court, presenting evidence and fighting for justice to win the case.

By managing the legal details, our personal injury lawyers let you focus on healing, while making sure fair treatment and a fair settlement is reached.