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Proving Liability in Modesto Personal Injury Claims

Posted by Scott Mitchell | Dec 10, 2013 | 0 Comments

Victims and families who have suffered injuries as the result of another's negligence or wrongful act may have a right to recover financial compensation. In order to recover damages, victims must file a lawsuit – or personal injury claim – against the at fault party. Personal injury claims aim to accomplish two important things:

  • Prove that another is responsible for causing damages; and
  • Recover monetary compensation for a victim's physical, financial, and / or emotional damages.

Although the goal of a personal injury claim is seemingly simple, it can be a difficult and contentious battle, especially when insurance companies do their best to dispute claims and pay victims as little as possible. By working with an experienced Modesto personal injury lawyer from Scott Mitchell Law Incorporated, local victims and families can receive the support and representation needed to successfully navigate the legal process.

Recovering the Compensation You Deserve

Our firm's legal team is committed to helping clients through tough times. We know that they require favorable resolutions and full compensation and use our extensive experience to fight on their behalf. From investigations into the cause of an accident to proving negligence and liability, our firm is focused on leaving no stone unturned. As proving liability is essential to a successful claim, our legal team makes sure to focus on proving the following legal elements.

  • A legal duty existed. A legal duty may exist in many forms. For example, motorists have a legal duty to drive safely and reduce risks of preventable accidents. Premises owners, also, have a legal obligation to ensure that their property is safe for visitors and guests. These examples constitute a legal obligation for safety.
  • The legal duty was breached. A legal duty may be breached when a person or party failed to uphold their responsibility for others' safety. A driver who is texting on their cell phone, for instance, would be an example of a failure to uphold a legal duty.
  • The breach of duty caused damages. It must be demonstrated that a breach of duty more likely than not resulted in an accident / injury that would have otherwise been preventable. When this can be successfully proven, victims and families may be eligible to recover their damages.

Because tragedy, injury, and financial burdens can leave victims and families overwhelmed, our legal team makes it a point to handle all of the legal complexities for our clients, while also keeping them informed and involved in the process.

If you would like to learn more about your particular case and how our firm may be able to prove liability and recover compensation, call (209) 418-7386 for a free consultation. We serve residents throughout the region from office locations in Modesto and Stockton.

About the Author

Scott Mitchell

If you expect nothing but the best for legal representation in any of these areas, you should contact Attorney Mitchell as soon as you realize you need assistance. He and his firm have handled more than 4,000 cases in the areas the law he practices, so you can be confident in him and his team.


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Fees and Payments

Here at Scott Mitchell Law Incorporated, when it comes to fees and payments, we strive to be flexible with clients who are seeking legal representation. We offer payment arrangements, flat fee contracts, and traditional retainer agreements. We understand legal representation is necessary for all, and yet difficult for most to pay the fees all at once. Although we cannot guarantee that everyone will be able to hire us, we do promise to do what we can to make it possible for you to hire one of our attorneys to represent you.