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

1. Duty of Care

The defendant owed a legal responsibility to the plaintiff to avoid causing harm.

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 violated their duty of care by acting (or neglecting necessary actions) in a way that any reasonable individual would not under similar circumstances.

Common breaches involve:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must prove that the defendant’s breach of duty led to their harm. This involves two types of causation:

Actual Cause: The defendant’s actions were the clear 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 tangible harm or losses caused by the defendant’s actions.

This can include:

– Physical injuries.

– Psychological trauma.

– Financial losses such as medical bills or lost wages.

Establishing all four elements is necessary to achieving success in an injury claim. Don’t face this on your own. Our San Marino Personal Injury Lawyers are here to stand by your side. Call us at 866-846-5955 for a no-obligation consultation.

An injury attorney is invaluable in helping an injured party navigate the complex legal process and seek full compensation after an accident or injury. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our San Marino personal injury lawyers review 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 carry out a thorough investigation to gather evidence, such as accident reports, witness statements, medical records, and expert testimony. This solidifies the claim to prove negligence.

3. Handling Insurance Companies

Dealing with insurance adjusters can be overwhelming, especially when they offer low settlements. Our San Marino personal injury lawyers negotiate directly with the insurance companies, using their expertise to advocate for fair compensation.

4. Calculating Damages

Our legal experts evaluate the entire range of damages, including medical expenses, lost wages, emotional pain, psychological harm, and anticipated expenses. This guarantees that the injured party demands payment for all current and future losses.

5. Filing Legal Documents and Meeting Deadlines

We manage all necessary documents, such as submitting lawsuits, drafting required forms, and staying on top of timelines, including the deadline for claims, which could otherwise jeopardize the case.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers employ expertise to achieve optimal results for their client without the delay of litigation.

7. Representation in Court

If a resolution isn’t possible, our San Marino lawyers represent the injured party in court, laying out the facts and arguing the case to win the case.

By managing the legal details, our personal injury lawyers allow the injured party to focus on getting better, while making sure fair treatment and a fair settlement is reached.