Camarillo Personal Injury Lawyer
You moved to Camarillo to get away from the crowds and general chaos of Los Angeles. It’s a small, relatively quiet town but accidents can (and do) happen just about anywhere. Whether you’re struck in the head by an errant golf ball, rear-ended while leaving the parking lot of the local outlet mall, or slip and fall on a spill at your favorite grocery store, injuries are usually unexpected. When they’re the result of another party’s negligence, intentional actions, or the strict liability typically associated with defective products, you have the right to seek monetary compensation. Not only can these cases result in a lot of much-needed money for you and your family but they can also provide a sense of closure and justice.
The type of law that handles these claims is called personal injury law. Personal injury attorneys handle car accidents, slip and fall injuries, wrongful death claims, and more. Even though these types of accidents happen when we least expect them, it’s important to understand your legal options and the value of working with a highly experienced Camarillo personal injury lawyer at Walch Law. Robert and Gary Walch have been helping Camarillo residents get the highest payouts following their personal injury accidents and have a 95%+ success rate. Give them a call today to learn about how they can help you, get your questions answered and more.Determining Fault in Personal Injury Claims
Personal injury law fulfills the important role of holding parties responsible for their actions that result in injuries to others. When someone is at fault for another party’s injuries, it’s usually the result of negligence. To be negligent is to act in a way that’s inconsistent with that of a “reasonable person,” thus breaching their duty of care (or legal responsibility to another). This could be taking an action, such as driving too fast, or failing to take an action, such as ignoring a spill on your shop floor.
When this breach causes injury to another party, either directly or by setting a chain of events in motion, the injured party may file a claim for monetary compensation. The plaintiff (the injured party) must demonstrate the presence of the following elements to prove the defendant’s (at-fault party’s) negligence:
- Defendant owed a duty of care to the plaintiff
- 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
Some claims are much more complex than others and may require investigation, additional research, and other analysis best suited for a legal professional. Your Camarillo personal injury lawyer will know how to build a strong case as leverage for your claim.Strict Liability and Intent
If the at-fault party wasn’t negligent, they still may be held strictly liable simply by virtue of manufacturing or selling a defective product. If a baby crib injured your child because of a design flaw, for example, you don’t have to prove negligence (or intent).
However, you would need to prove 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
There also are instances where someone injured another party intentionally, committing what is called an “intentional tort.” These are often charged as crimes, too. For instance, homicide may create liability for wrongful death, while assault and battery may create liability for the tort of the same name. Defamation (libel or slander) is another intentional tort.Camarillo Personal Injury Claims: Damages
When you tabulate the monetary value of your losses that result from another party’s liability, they’re referred to as damages. These range from tangible losses such as medical expenses to more abstract losses such as pain and suffering.
Personal injury 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)
Injuries are usually unexpected and tend to have ripple effects throughout various facets of our lives. They can be quite costly, whether it’s lost wages or the inability to do the things we love to do. When another party is to blame, whether through negligence or some other legal theory, you have the right to seek compensation for your losses. Get legal expert help with your claim by calling the professionals at the Law Offices of Gary K. Walch, a Law Corporation. Don’t think you can afford a lawyer? Don’t worry- we take on all our cases on a contingency fee basis meaning that you pay us nothing until we get you paid. Our fees are reasonable and our service is excellent—call us now to find out why we are the right choice to handle your Camarillo personal injury case.