Agoura Hills Personal Injury Lawyer
Surrounded by lush hills and blessed with natural beauty, Agoura Hills is a jewel of Southern California. Its vibrant music scene and proximity to Los Angeles proper also makes it a great place to live. It’s a safe neighborhood, too, but accidents can happen pretty much anywhere. Even a simple trip to the grocery store or walk through the park can result in a serious injury if, for instance, someone else’s carelessness causes an accident. That’s why personal injury laws are so important, as they hold those at fault accountable.
But personal injury also includes intentional acts, such as assault and battery, and strict liability most commonly associated with faulty and dangerous consumer products. Personal injury attorneys are crucial for holding responsible parties financially accountable (or liable). That’s why it’s so important to consult a top Agoura Hills personal injury lawyer at Walch Law when you’ve been injured by the actions (or inactions) of another party. We have over 40 years of experience winning personal injury cases and will work hard to make sure you get the most money possible following your accident. Call us now to see why we are the right choice.Personal Injury, Explained
Injuries include physical harm that results from car accidents, slip and fall accidents, and other such incidents. But, legally speaking, it also may include more abstract injuries such as harm to one’s reputation, diminished future earning capacity, pain and suffering, or other such losses resulting from the at-fault party’s liability. When someone is liable, it typically means they failed to act in a reasonable manner, intended to cause harm, or sold a harmful product that resulted in your injuries.
When it’s determined that one or more parties is liable, then they must compensate you for your losses (or damages). The goal of personal injury law is to make the plaintiff “whole” again. While money can’t change everything, that’s the sole remedy for these actions. Your Agoura Hills personal injury lawyer will be able to determine how liability is established for a given claim.Determining Fault for a Negligence Claim
When someone acts (or fails to act) in a manner that is “unreasonable,” such as failing to clear up a spill at your grocery store or driving in a reckless manner—resulting in another party’s injury—it’s called negligence. It’s the most common type of personal liability. The legal elements of a negligence claim are as follows:
- Defendant (at-fault party) owed a duty of care to the plaintiff (a legal obligation to avoid obvious risks to others)
- 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), meaning they wouldn’t have occurred if not for the negligence of the defendant
- Plaintiff has suffered actual damages, such as bodily injury
Most injury claims are settled out of court and don’t make it to trial. But in order to have leverage when negotiating a settlement, your attorney will have to ensure that all of these elements are met and backed up with evidence.Strict Liability and Intentional Claims
While negligence is the most common type of injury claim, other claims may result from a party’s intentional acts as well. For instance, someone who publishes false information about a neighbor that hurts their reputation may be held liable for defamation. And if someone punches you in the face during a verbal argument, they may be held liable for assault and battery (which is also a criminal offense).
When a manufacturer or retailer designs, makes, or sells a defective product that causes injury, they may be sued for strict liability. You don’t have to show intent or negligence, just the following elements:
- Product was unreasonably unsafe or dangerous when it was designed, manufactured, or sold
- Seller expected and intended that the product would reach the consumer without changes to the product
- Plaintiff was injured by the defective product
The exact damages will depend on the facts of your case, but they include all of the actual losses you’ve suffered as a result of the other party’s negligence, intentional act, or strict liability. Some damages aren’t so obvious, which is why it’s so crucial to work with an Agoura Hills personal injury lawyer before filing your claim.
Damages may include (but are not limited to) the following:
- Medical expenses
- Lost wages
- Disfigurement or permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of enjoyment of life
- Loss of consortium (intimacy and affection)
Anyone’s life can change in an instant when another party is negligent or otherwise at fault. Fortunately you have the right to seek monetary compensation for your losses. Contact the experienced professionals at the Law Offices of Gary K. Walch, a Law Corporation to learn more about your legal options. For many, the settlement money that comes from a successful personal injury claim not only helps makes ends meet but provides a sense of justice and closure. Call us now to set up your obligation-free consultation with us and learn why you want us fighting for you.