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When pursuing a personal injury case, the concept of negligence forms the basis. 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.

For instance:

– Drivers following traffic laws and driving responsibly.

– 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 any reasonable individual would not under similar circumstances.

Common breaches involve:

– 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 direct 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 suffered tangible harm or losses as a result the defendant’s actions.

This can include:

– Pain and suffering.

– Psychological trauma.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is necessary to securing compensation. Don’t face this on your own. Our San Diego Personal Injury Lawyers are prepared to stand by your side. Call us at 866-846-5955 for a no-obligation consultation.

A personal injury lawyer is invaluable in helping an injured party manage the challenging legal system and maximize their compensation after an incident. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our San Diego personal injury lawyers review the details of the case, identify its viability, and counsel the injured party on their rights and potential courses of action. They break down legal terminology and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We perform a thorough investigation to secure documentation, such as official records, witness statements, healthcare documentation, and specialist insights. This solidifies the claim to prove negligence.

3. Handling Insurance Companies

Negotiating with insurers can be overwhelming, especially when they seek to undervalue claims. Our San Diego personal injury lawyers advocate for you with the insurance companies, drawing on experience to push for appropriate payouts.

4. Calculating Damages

Our legal experts assess the complete extent of damages, including healthcare costs, lost wages, emotional pain, emotional distress, and future costs. This ensures that the injured party pursues recovery for their full damages.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary legal forms, such as submitting lawsuits, preparing legal documents, and ensuring compliance with timelines, including the statute of limitations, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers apply their experience to obtain maximum compensation for their client without the delay of litigation.

7. Representation in Court

If a settlement cannot be reached, our San Diego lawyers represent the injured party in court, laying out the facts and fighting for justice to obtain the compensation deserved.

By managing the legal details, our personal injury lawyers allow the injured party to focus on healing, while ensuring justice is served and they receive the compensation they deserve.