Posey Pedestrian Accident Lawyers

To establish liability in an injury case, negligence is the legal theory. To prevail 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:

– A driver’s duty to obey traffic laws and operate their vehicle safely.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant breached their duty of care by acting (or neglecting necessary actions) in a way that a prudent person would never under similar circumstances.

This can look like:

– 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 involves 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 incurred real harm or losses due to the defendant’s actions.

This can include:

– Bodily harm.

– Psychological trauma.

– Monetary damages such as medical bills or lost wages.

Establishing all four elements is essential to winning a case. Don’t try to go it alone. Our Posey Pedestrian Accident Lawyers are prepared to stand by your side. Call us at 866-846-5955 for a no-obligation consultation.

 A legal advocate is essential in assisting an injured party handle the complex legal process and seek full compensation after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Posey Pedestrian Accident Lawyers assess the details of the case, identify its viability, and counsel 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 detailed investigation to secure documentation, such as official records, eyewitness accounts, healthcare documentation, and specialist insights. This strengthens the argument to show liability.

3. Handling Insurance Companies

Dealing with insurance adjusters can be overwhelming, especially when they seek to undervalue claims. Our personal injury lawyers advocate for you with the insurance companies, leveraging their knowledge to advocate for fair compensation.

4. Calculating Damages

Our legal experts evaluate the full scope of damages, including medical expenses, missed income, pain and suffering, psychological harm, and future costs. This ensures that the injured party seeks compensation for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary documents, such as filing claims, drafting required forms, and ensuring compliance with timelines, including the legal filing period, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

Most personal injury cases are handled through negotiations. Our lawyers apply their experience to obtain maximum compensation for their client without the need for a trial.

7. Representation in Court

If a negotiation fails, our Posey pedestrian accident lawyers stand by the injured party in court, laying out the facts and seeking a favorable outcome to obtain the compensation deserved.

By handling the legal complexities, our personal injury lawyers allow the injured party to focus on getting better, while ensuring their rights are protected and they receive the compensation they deserve.