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To establish liability in an injury case, the concept of negligence forms the basis. To succeed in a negligence claim, the injured party (plaintiff) must demonstrate the following four elements:

1. Duty of Care

The defendant owed a duty to the plaintiff to exercise reasonable care.

This might involve:

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

Common breaches involve:

– 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 entails two types of causation:

Actual Cause: The defendant’s actions were the clear 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 experienced real harm or losses due to the defendant’s actions.

This can include:

– Bodily harm.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Proving all four elements is necessary to achieving success in an injury claim. Don’t face this on your own. Our Waukena Personal Injury Lawyers are here to advocate for you. Call us at 866-846-5955 for a free consultation.

A legal advocate is invaluable in guiding an injured party navigate the complex legal process and maximize their compensation after an incident. Here’s how we help:

1. Legal Guidance and Case Evaluation

Our Waukena personal injury lawyers review the details of the case, confirm its strength, and counsel the injured party on their legal opportunities. They break down legal terminology and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We conduct a thorough investigation to gather evidence, such as official records, witness statements, medical records, and specialist insights. This solidifies the claim to prove negligence.

3. Handling Insurance Companies

Dealing with insurance adjusters can be overwhelming, especially when they attempt to minimize payouts. Our Waukena personal injury lawyers negotiate directly with the insurance companies, drawing on experience to advocate for fair compensation.

4. Calculating Damages

Our attorneys assess the entire range of damages, including healthcare costs, lost wages, emotional pain, emotional distress, 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 handle all necessary documents, 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

Many accident cases are resolved out of court. Our lawyers use their negotiation skills to achieve optimal results for their client without the need for a trial.

7. Representation in Court

If a negotiation fails, our Waukena lawyers represent the injured party in court, making their case and fighting for justice to secure a favorable judgment.

By managing the legal details, our personal injury lawyers allow the injured party to focus on their recovery, while making sure their rights are protected and a fair settlement is reached.