Agoura Hills Car Accident Lawyer
You love driving to Old Agoura on sunny weekends, where you can grab a bite at your favorite deli and get some fresh air. There’s nothing quite like Agoura Hills, nestled amongst the mountains but still a short drive to where the action is. But you got more than you bargained for last weekend when a tourist staring at their phone abruptly pulled into your lane from their parallel parking spot, causing a collision that left your right leg shattered. You still can’t walk after getting steel rods implanted into your leg to stabilize it while it heals; and the pain is unbearable.
Thankfully you were able to gather a few witnesses willing to make statements about what they saw, so you’re hoping that will help with the injury claim. But you also may want to reach out to a skilled Agoura Hills car accident lawyer at Walch Law, since you’ve incurred significant losses as a result of the accident. Robert and Gary Walch are the car accident lawyers near you that you want on your side ensuring that you get paid the most following your accident. Give them a call now to learn moreDetermining Fault for Your Agoura Hills Car Accident
Most car accidents are the result of one or more parties failing to follow traffic laws or generally driving in a careless manner. This is called negligence, or the failure to exercise one’s duty of care (or legal responsibility to drive in a reasonable manner) to others. In more severe cases, such as drag racing down a public street, the at-fault party could be liable for recklessness. Strict liability mostly relates to defects, such as faulty brakes, while intentional acts leading to car accidents are much less common.
There are four general types of fault, or liability, for a car accident:
- Negligence (general carelessness)
- Recklessness (the person knew or should have known their actions could injure others)
- Intent (they intended to cause harm)
- Strict liability (a party is responsible for injuries regardless of intent or carelessness, such as automobile manufacturers)
In your case, the driver who pulled out into your lane without first checking traffic was negligent. They owed you a duty of care to make sure the lane was clear before pulling out. You didn’t have time to fully respond and avoid the accident, so their negligence was the proximate cause of the accident and your injuries. Nearly all car accidents are attributable to negligence, in fact.
Although you’ll be filing an injury claim, it’s highly unlikely that your claim will actually go to trial. Most accident claims don’t. However, your Agoura Hills accident lawyer will need to ensure that your claim satisfies the legal elements of a negligence claim, which are:
- Defendant (at-fault driver) owed a duty of care to the plaintiff (injured party)
- Defendant breached that duty
- Plaintiff’s injuries were in fact caused by this breach
- Defendant’s actions were the proximate cause of the injury(ies), which means the plaintiff wouldn’t have suffered those injuries if not for the defendant’s breach
- Plaintiff has suffered actual damages, such as bodily injury and lost wages
Even though it may seem simple at the outset, the at-fault party may try to challenge your version of the events, especially if they think you don’t have legal counsel. By working with an attorney, you’ll get expert legal advice and they’ll make sure the evidence fully backs your claim in order to have leverage when negotiating a settlement.Claiming Damages for Your Agoura Hills Car Accident
It’s going to take a while for your leg to fully heal. You should be able to get back to work soon, but you’ve already missed several days (and you’ve already burned through your paid time off) and haven’t come close to your medical insurance deductible. Medical costs and lost wages are two of the more obvious damages (monetary value of the losses you’ve incurred from the other party’s liability) you’ll file. But if you suffer lingering problems in your leg?
Injuries are often much further-reaching than initially suspected. Your attorney will help you get a full assessment. Depending on your situation, you may claim the following damages (this is not a complete list):
- Loss of enjoyment of life
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Car accidents are common and sometimes they result in serious injuries. But when the negligence of another party sidelines your life, you have the right to seek compensation for your injuries. Working with an attorney will greatly increase your chances of getting a fair settlement. The legal professionals at the Law Offices of Gary K. Walch, a Law Corporation can help you figure out next steps toward putting your life back together. Don’t think you can afford a lawyer right now? You can afford us—we take all our cases on a contingency fee basis meaning that we don’t get paid until we get you paid. We would love to chat- give us a call now.