San Jose Pedestrian Accident Lawyers

When pursuing a personal injury case, the concept of negligence forms the basis. To prevail in a negligence claim, the injured party (plaintiff) must prove the following four elements:

1. Duty of Care

The defendant owed a duty to the plaintiff to act reasonably.

This might involve:

– 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 not under similar circumstances.

Common breaches involve:

– Traffic violations such as speeding.

– Ignoring a hazardous condition on a property.

3. Causation

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

This can include:

– Pain and suffering.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Proving all four elements is necessary to achieving success in an injury claim. Don’t face this on your own. Our San Jose Pedestrian Accident Lawyers are prepared to advocate for you. Call us at 866-846-5955 for a complimentary case review.

 A pedestrian accident lawyer is essential in assisting an injured party manage the complex legal process and recover the damages they deserve after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our San Jose Pedestrian Accident Lawyers evaluate the details of the case, confirm its strength, and guide the injured party on their legal opportunities. They break down complex legal jargon and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We carry out a comprehensive investigation to secure documentation, such as official records, witness statements, medical records, and expert testimony. This strengthens the argument to prove negligence.

3. Handling Insurance Companies

Dealing with insurance adjusters can be challenging, especially when they offer low settlements. Our personal injury lawyers negotiate directly with the insurance companies, drawing on experience to push for appropriate payouts.

4. Calculating Damages

Our legal experts assess the full scope of damages, including healthcare costs, lost wages, emotional pain, psychological harm, and long-term impacts. This makes certain that the injured party seeks compensation 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 meeting critical deadlines, including the statute of limitations, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

Most personal injury cases are resolved out of court. Our lawyers use their negotiation skills to secure the best possible settlement for their client without the need for a trial.

7. Representation in Court

If a settlement cannot be reached, our San Jose pedestrian accident lawyers stand by the injured party in court, presenting evidence and arguing the case to obtain the compensation deserved.

By handling the legal complexities, our personal injury lawyers enable clients to concentrate on healing, while guaranteeing fair treatment and they receive the compensation they deserve.