Santa Cruz Pedestrian Accident Lawyers

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

1. Duty of Care

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

Examples include:

– 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 acting (or omitting action) in a way that any reasonable individual would never under similar circumstances.

This can look like:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must prove 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 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 incurred tangible harm or losses caused by the defendant’s actions.

This can include:

– Pain and suffering.

– Psychological trauma.

– Financial losses such as medical bills or lost wages.

Proving all four elements is necessary to securing compensation. Don’t face this on your own. Our Santa Cruz Pedestrian Accident Lawyers are ready to advocate for you. Call us at 866-846-5955 for a free consultation.

 A legal advocate is essential in helping an injured party manage the intricate legal proceedings and seek full compensation after an incident. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Santa Cruz Pedestrian Accident Lawyers assess the details of the case, confirm its viability, and counsel the injured party on their rights and potential courses of action. They clarify confusing legal concepts and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We perform a comprehensive investigation to gather evidence, such as accident reports, witness statements, healthcare documentation, and specialist insights. This strengthens the argument to prove negligence.

3. Handling Insurance Companies

Interacting with insurance representatives can be overwhelming, 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 evaluate the complete extent of damages, including medical expenses, missed income, pain and suffering, emotional distress, and anticipated expenses. This makes certain 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 deadline for claims, which could otherwise endanger the claim.

6. Negotiation and Settlement

Many accident cases are handled through negotiations. Our lawyers employ expertise to obtain maximum compensation for their client without the delay of litigation.

7. Representation in Court

If a settlement cannot be reached, our Santa Cruz pedestrian accident lawyers represent the injured party in court, laying out the facts and arguing the case to secure a favorable judgment.

By managing the legal details, our personal injury lawyers let you focus on getting better, while guaranteeing their rights are protected and appropriate damages are awarded.