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To establish liability in an injury case, proving negligence is crucial. 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 exercise reasonable care.

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 acting negligently (or omitting action) in a way that a prudent person would not under similar circumstances.

This can look like:

– Running a red light or speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must demonstrate 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 immediate 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 incurred actual harm or losses due to the defendant’s actions.

This can include:

– Physical injuries.

– Emotional distress.

– Financial losses such as medical bills or lost wages.

Demonstrating all four elements is critical to achieving success in an injury claim. Don’t navigate this process alone. Our Stebbins Personal Injury Lawyers are here to fight for your rights. Call us at 866-846-5955 for a free consultation.

A legal advocate plays a crucial role in assisting an injured party handle the challenging legal system and maximize their compensation after an accident or injury. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our Stebbins personal injury lawyers evaluate the details of the case, determine its viability, and guide the injured party on their rights and potential courses of action. They clarify complex legal jargon and processes to ensure the client feels confident.

2. Investigation and Evidence Gathering

We carry out a comprehensive investigation to gather evidence, such as accident reports, witness statements, medical records, and expert testimony. This strengthens the argument to establish fault.

3. Handling Insurance Companies

Interacting with insurance representatives can be stressful, especially when they attempt to minimize payouts. Our Stebbins personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to advocate for fair compensation.

4. Calculating Damages

Our lawyers evaluate the entire range of damages, including medical expenses, missed income, pain and suffering, emotional distress, and future costs. This ensures that the injured party demands payment for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary legal forms, such as submitting lawsuits, preparing legal documents, and meeting critical deadlines, including the legal filing period, which could otherwise invalidate the lawsuit.

6. Negotiation and Settlement

The majority of injury claims are settled without trial. Our lawyers use their negotiation skills to secure the best possible settlement for their client without the hassle of court.

7. Representation in Court

If a settlement cannot be reached, our Stebbins lawyers advocate for the injured party in court, making their case and arguing the case to win the case.

By taking care of the legal work, our personal injury lawyers let you focus on getting better, while guaranteeing fair treatment and a fair settlement is reached.