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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.

Examples include:

– Drivers following traffic laws and driving responsibly.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant violated their duty of care by acting negligently (or omitting action) in a way that a reasonable person would not under similar circumstances.

This can look like:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must prove that the defendant’s breach of duty directly caused their injury. This requires 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 experienced real 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.

Establishing all four elements is essential to achieving success in an injury claim. Don’t try to go it alone. Our Shell Ridge Personal Injury Lawyers are ready to fight for your rights. Call us at 866-846-5955 for a no-obligation consultation.

A legal advocate is essential in helping an injured party navigate the complex legal process and maximize their compensation after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Shell Ridge personal injury lawyers assess the details of the case, confirm its strength, and advise the injured party on their options and next steps. They clarify complex legal jargon and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We perform a detailed investigation to secure documentation, such as accident reports, witness statements, medical records, and specialist insights. This strengthens the argument to prove negligence.

3. Handling Insurance Companies

Interacting with insurance representatives can be overwhelming, especially when they attempt to minimize payouts. Our Shell Ridge personal injury lawyers advocate for you with the insurance companies, drawing on experience to push for appropriate payouts.

4. Calculating Damages

Our legal experts analyze the entire range of damages, including medical expenses, lost wages, pain and suffering, psychological harm, and long-term impacts. This ensures that the injured party demands payment for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We take care of all necessary paperwork, such as filing claims, drafting required forms, and meeting critical deadlines, 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 achieve optimal results for their client without the delay of litigation.

7. Representation in Court

If a resolution isn’t possible, our Shell Ridge lawyers represent the injured party in court, presenting evidence and arguing the case to obtain the compensation deserved.

By taking care of the legal work, our personal injury lawyers let you focus on getting better, while ensuring their rights are protected and appropriate damages are awarded.