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

1. Duty of Care

The defendant owed a legal responsibility to the plaintiff to act reasonably.

Examples include:

– 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 failed to uphold their duty of care by acting (or failing to act) in a way that a reasonable person would never under similar circumstances.

Common breaches involve:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

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 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 suffered actual harm or losses due to the defendant’s actions.

This can include:

– Physical injuries.

– Psychological trauma.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is necessary to achieving success in an injury claim. Don’t navigate this process alone. Our Robbins Personal Injury Lawyers are prepared to stand by your side. Call us at 866-846-5955 for a free consultation.

An injury attorney is essential in guiding an injured party navigate the challenging legal system and maximize their compensation after an accident or injury. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our Robbins personal injury lawyers assess the details of the case, determine its strength, and counsel the injured party on their legal opportunities. They explain legal terminology and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We perform a thorough investigation to secure documentation, such as official records, eyewitness accounts, healthcare documentation, and specialist insights. 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 Robbins personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to ensure just settlements.

4. Calculating Damages

Our attorneys evaluate the entire range of damages, including healthcare costs, missed income, pain and suffering, psychological harm, and long-term impacts. This guarantees that the injured party demands payment for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

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

6. Negotiation and Settlement

Many accident cases are handled through negotiations. 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 Robbins lawyers stand by the injured party in court, laying out the facts 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 their recovery, while ensuring fair treatment and a fair settlement is reached.