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In an injury claim, 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 legal responsibility to the plaintiff to act reasonably.

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 behaving (or failing to act) in a way that a reasonable person would never under similar circumstances.

Examples include:

– Running a red light or speeding.

– Ignoring a hazardous condition on a property.

3. Causation

The plaintiff must show that the defendant’s breach of duty directly caused their injury. This entails two types of causation:

Actual Cause: The defendant’s actions were the immediate 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 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.

Demonstrating all four elements is critical to achieving success in an injury claim. Don’t face this on your own. Our Rolling Hills Estates Personal Injury Lawyers are ready to fight for your rights. Call us at 866-846-5955 for a free consultation.

An injury attorney plays a crucial role in helping an injured party handle the complex legal process and recover the damages they deserve after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Rolling Hills Estates personal injury lawyers evaluate 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 perform a detailed investigation to gather evidence, such as official records, witness statements, healthcare documentation, and specialist insights. This helps build a strong case to prove negligence.

3. Handling Insurance Companies

Interacting with insurance representatives can be stressful, especially when they attempt to minimize payouts. Our Rolling Hills Estates 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 complete extent of damages, including healthcare costs, missed income, emotional pain, emotional distress, and long-term impacts. This ensures that the injured party seeks compensation for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary legal forms, such as submitting lawsuits, drafting required forms, and ensuring compliance with timelines, including the deadline for claims, which could otherwise jeopardize the case.

6. Negotiation and Settlement

Most personal injury cases are handled through negotiations. Our lawyers apply their experience to secure the best possible settlement for their client without the delay of litigation.

7. Representation in Court

If a negotiation fails, our Rolling Hills Estates lawyers represent the injured party in court, laying out the facts and seeking a favorable outcome to win the case.

By taking care of the legal work, our personal injury lawyers enable clients to concentrate on healing, while making sure fair treatment and appropriate damages are awarded.