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

1. Duty of Care

The defendant owed a legal responsibility to the plaintiff to avoid causing harm.

Examples include:

– A driver’s duty to obey traffic laws and operate their vehicle safely.

– Keeping properties safe for guests.

2. Breach of Duty

The defendant failed to uphold their duty of care by acting (or neglecting necessary actions) in a way that a prudent person would never under similar circumstances.

Examples include:

– Traffic violations such as speeding.

– Failing to repair unsafe conditions.

3. Causation

The plaintiff must prove that the defendant’s breach of duty was the reason for their injury. 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 caused by the defendant’s actions.

This can include:

– Pain and suffering.

– Emotional distress.

– Monetary damages such as medical bills or lost wages.

Establishing all four elements is necessary to winning a case. Don’t try to go it alone. Our West Goshen Personal Injury Lawyers are here to fight for your rights. Call us at 866-846-5955 for a complimentary case review.

A personal injury lawyer is essential in guiding an injured party navigate the complex legal process and seek full compensation after an incident. Here’s what we can do:

1. Legal Guidance and Case Evaluation

Our West Goshen personal injury lawyers evaluate the details of the case, confirm its legal merit, and guide the injured party on their options and next steps. They explain complex legal jargon and processes to ensure the client understands each step.

2. Investigation and Evidence Gathering

We conduct a detailed investigation to gather evidence, such as accident reports, eyewitness accounts, medical records, and specialist insights. This helps build a strong case to establish fault.

3. Handling Insurance Companies

Interacting with insurance representatives can be stressful, especially when they seek to undervalue claims. Our West Goshen personal injury lawyers negotiate directly with the insurance companies, leveraging their knowledge to advocate for fair compensation.

4. Calculating Damages

Our legal experts analyze the entire range of damages, including healthcare costs, missed income, emotional pain, emotional distress, and long-term impacts. This guarantees that the injured party seeks compensation for every loss they have suffered.

5. Filing Legal Documents and Meeting Deadlines

We handle all necessary paperwork, such as submitting lawsuits, drafting required forms, and staying on top of timelines, including the legal filing period, which could otherwise jeopardize the case.

6. Negotiation and Settlement

Many accident cases are settled without trial. Our lawyers use their negotiation skills to obtain maximum compensation for their client without the need for a trial.

7. Representation in Court

If a negotiation fails, our West Goshen lawyers represent the injured party in court, presenting evidence and fighting for justice to secure a favorable judgment.

By taking care of the legal work, our personal injury lawyers enable clients to concentrate on getting better, while ensuring justice is served and appropriate damages are awarded.