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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 avoid causing harm.

For instance:

– Drivers following traffic laws and driving responsibly.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant failed to uphold their duty of care by acting negligently (or neglecting necessary actions) in a way that any reasonable individual would not under similar circumstances.

Common breaches involve:

– Traffic violations such as speeding.

– Ignoring a hazardous condition on a property.

3. Causation

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

Actual Cause: The defendant’s actions were the immediate 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 actual harm or losses as a result the defendant’s actions.

This can include:

– Pain and suffering.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Demonstrating all four elements is critical to securing compensation. Don’t navigate this process alone. Our Tupman Personal Injury Lawyers are prepared to fight for your rights. Call us at 866-846-5955 for a no-obligation consultation.

An injury attorney is invaluable in assisting an injured party handle 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 Tupman personal injury lawyers assess the details of the case, determine its viability, and advise the injured party on their options and next steps. They break down complex legal jargon and processes to ensure the client is informed.

2. Investigation and Evidence Gathering

We perform a detailed investigation to gather evidence, such as official records, eyewitness accounts, medical records, and expert testimony. This solidifies the claim to establish fault.

3. Handling Insurance Companies

Negotiating with insurers can be overwhelming, especially when they seek to undervalue claims. Our Tupman personal injury lawyers advocate for you with the insurance companies, using their expertise to ensure just settlements.

4. Calculating Damages

Our attorneys assess the complete extent of damages, including healthcare costs, missed income, pain and suffering, emotional distress, and future costs. This makes certain that the injured party seeks compensation for all current and future losses.

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 deadline for claims, which could otherwise endanger the claim.

6. Negotiation and Settlement

Most personal injury cases are handled through negotiations. Our lawyers apply their experience to secure the best possible settlement for their client without the delay of litigation.

7. Representation in Court

If a settlement cannot be reached, our Tupman lawyers advocate for the injured party in court, laying out the facts and seeking a favorable outcome to secure a favorable judgment.

By managing the legal details, our personal injury lawyers let you focus on getting better, while making sure justice is served and appropriate damages are awarded.