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In an injury claim, the concept of negligence forms the basis. To win 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 exercise reasonable care.

For instance:

– Drivers following traffic laws and driving responsibly.

– A property owner’s duty to maintain safe premises for visitors.

2. Breach of Duty

The defendant breached their duty of care by acting negligently (or omitting action) in a way that any reasonable individual would never under similar circumstances.

This can look like:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must demonstrate 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 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 incurred actual harm or losses as a result the defendant’s actions.

This can include:

– Bodily harm.

– Psychological trauma.

– Financial losses such as medical bills or lost wages.

Proving all four elements is critical to securing compensation. Don’t navigate this process alone. Our San Gabriel Personal Injury Lawyers are ready to advocate for you. Call us at 866-846-5955 for a no-obligation consultation.

A legal advocate is essential in assisting an injured party handle the challenging legal system and recover the damages they deserve after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our San Gabriel personal injury lawyers review the details of the case, confirm its legal merit, and advise the injured party on their legal opportunities. They break down complex legal jargon and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We conduct a detailed investigation to gather evidence, such as accident reports, eyewitness accounts, medical records, and expert testimony. 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 Gabriel personal injury lawyers work on your behalf with the insurance companies, leveraging their knowledge to push for appropriate payouts.

4. Calculating Damages

Our legal experts analyze the complete extent of damages, including healthcare costs, missed income, emotional pain, emotional distress, and long-term impacts. This ensures that the injured party pursues recovery for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary legal forms, such as submitting lawsuits, drafting required forms, 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 handled through negotiations. Our lawyers employ expertise to secure the best possible settlement for their client without the delay of litigation.

7. Representation in Court

If a settlement cannot be reached, our San Gabriel lawyers advocate for the injured party in court, presenting evidence and fighting for justice to secure a favorable judgment.

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