Camarillo Car Accident Lawyer
Camarillo traffic tends to get pretty heavy on the weekends, when droves of shoppers make their way to the local outlet mall. This influx of traffic of course increases drive times, but also causes a spike in accidents. Some of these are minor fender benders, often as cars jockey for spots in the parking lot, but car accidents range from relatively mild incidents to devastating collisions that leave drivers and passengers with severe, life-changing injuries. Nevertheless, driving an automobile in Southern California is always an adventure.
While you have the right to seek compensation for your injuries by filing a claim, sometimes it’s best to work with a top Camarillo car accident lawyer at Walch Law. While most claims don’t get litigated in court, an attorney can help bolster your claim and provide the leverage you need to get the settlement you deserve. Walch Law is the law firm you want fighting for you following a car accident that involves injuries. Get in touch with us now to learn more.Who’s at Fault for Your Camarillo Car Accident Injuries?
Determining fault for a car accident is sometimes fairly simple, such as rear-end collisions. But others can be quite complicated and there may be disagreement among the parties involved. Calling the police and getting an official report can help clear things up (don’t worry if you don’t have it, we will get it for you). You also want to take pictures and write down any details that may help your claim. Carelessness is the main cause of car accidents, but not the only type of fault.
The four types of fault for accidents are:
- Negligence (general carelessness)
- Recklessness (the person knew or should have known their actions could injure others)
- Intent (they intended to cause harm, which is very uncommon)
- Strict liability (a party is responsible for injuries regardless of intent or carelessness, such as automobile manufacturers)
There also may be instances where multiple parties at fault, such as commercial truck or rideshare accidents. The help of an experienced attorney can be invaluable in these instances.Establishing Negligence
To be negligent is to owe a duty of care to another party, which is just another way of saying that one party has a legal responsibility to act in a reasonable manner. To breach that duty is to fail to act in a reasonable manner, such as speeding, not paying attention, or otherwise putting yourself and others at risk. When a breach results in your injuries, you may file an injury claim for the other party’s negligence.
Although most claims are settled out of court, your Camarillo car accident lawyer will need to prove the following elements when establishing negligence:
- 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 (legally recognized injuries), such as bodily injury
Another thing to note is that if you played a role in causing your car accident, you can still get money for the portion of the accident you were not responsible for. California is a comparative negligence state which is a good thing when you too were doing something that caused your accident and your case can still be worth a lot of money.Camarillo Car Accidents and Claims for Damages
If you’re injured in a car accident, you’re likely taking on expenses such as medical costs, modifications to your home, physical therapy, lost wages from missed work, and so on. When you attach a dollar value to these losses and demand compensation, they’re referred to as damages. But damages aren’t limited to these concrete expenses and also may be attributed to the more abstract losses that often result from an injury.
These include (but aren’t limited to) the following:
- Loss of enjoyment of life
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Because some of these damages may not be so obvious at first (your attorney can help with that), you should avoid accepting any early settlement offers from the insurance company. Also, some injuries—particularly brain injuries such as concussion or those resulting in chronic pain—may not be apparent until you’ve received a full medical evaluation and follow-up care. And if you can’t afford the medical care you need now, we can help with that too.Get Full Compensation for Your Injuries: Call a Top Camarillo Car Accident Lawyer
If you’ve been injured in a car accident and another party is at fault, you owe it to yourself to seek fair compensation. Your injuries may be much more costly than you realize and the process can be daunting for non-attorneys. The expert legal professionals at the Law Offices of Gary K. Walch, a Law Corporation can help ensure a successful outcome. Our four decades in the business and 95%+ success rate means we are the team of lawyers you want on your side.