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When pursuing a personal injury case, the concept of negligence forms the basis. To succeed 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.

Examples include:

– 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 breached their duty of care by behaving (or neglecting necessary actions) in a way that a prudent person 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 requires 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 suffered actual harm or losses due to the defendant’s actions.

This can include:

– Physical injuries.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is critical to winning a case. Don’t navigate this process alone. Our South San Jose Hills Personal Injury Lawyers are here to fight for your rights. Call us at 866-846-5955 for a complimentary case review.

An injury attorney plays a crucial role in helping an injured party manage the intricate legal proceedings and seek full compensation after an accident or injury. Here’s how we provide assistance:

1. Legal Guidance and Case Evaluation

Our South San Jose Hills personal injury lawyers evaluate the details of the case, identify its viability, and guide the injured party on their options and next steps. They explain legal terminology and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We perform a comprehensive investigation to collect proof, such as accident reports, witness statements, medical records, and expert testimony. This solidifies the claim to establish fault.

3. Handling Insurance Companies

Negotiating with insurers can be stressful, especially when they seek to undervalue claims. Our South San Jose Hills personal injury lawyers negotiate directly with the insurance companies, drawing on experience to advocate for fair compensation.

4. Calculating Damages

Our legal experts assess the complete extent of damages, including healthcare costs, lost wages, 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 handle all necessary paperwork, such as filing claims, preparing legal documents, and meeting critical deadlines, including the deadline for claims, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

Most personal injury 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 resolution isn’t possible, our South San Jose Hills lawyers represent the injured party in court, making their case and fighting for justice to obtain the compensation deserved.

By handling the legal complexities, our personal injury lawyers let you focus on their recovery, while making sure justice is served and appropriate damages are awarded.