Canoga Park Personal Injury
Whether you’re out hiking at the Upper Las Virgenes Canyon Open Space Preserve, driving to the local In-N-Out, or simply walking in your neighborhood, accidents can happen anytime in Canoga Park. The best-case scenario is that you avoid serious injury; however, nothing is guaranteed and it’s important to understand your legal options when someone else is to blame. If another party is careless and it leads to an accident that causes your injuries, they may be subject to a personal injury lawsuit. Personal injury claims allow injured parties to seek monetary compensation for the losses they’ve suffered as a result of another party’s actions or inactions.
The most important thing you should do after suffering any kind of injury is to seek immediate and appropriate medical attention. Not only is this good advice from a medical standpoint but it also will provide an official record of your injury when it comes time to file your claim. Once you’re stable and able to do so, then you’ll want to reach out to an experienced Canoga Park personal injury lawyer at Walch Law to discuss your legal options. During your initial free consultation with us you can get all your questions answered about the legal process and learn why we are the team of lawyers you want to hire. We take all our cases on a contingency fee basis meaning you don’t pay us a thing until we get you paid!
The following is an overview of personal injury lawsuits in California, including the different types of fault, how liability is determined, damages, and more.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 are 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.How Negligence is Determined in a Personal Injury Claim
The most common type of personal injury liability is negligence, which is akin to carelessness. When the defendant (at-fault party) breaches their duty of care—or legal responsibility to act in a reasonable manner—that results in injury to another party (the plaintiff), the at-fault party may be held liable for negligence.
The legal elements required for the establishment of negligence are:
- Defendant 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
Although your negligence claim in all likelihood will be settled out of court, often with the involvement of insurance companies, you Canoga Park personal injury lawyer will have to ensure you have a strong claim in order to have leverage during negotiations.Strict Liability and Intentional Claims
Most injury claims involve accidents but you also may file an injury claim for intentional acts that cause injury. These intentional torts, which include everything from defamation (injuring another party’s reputation with untrue statements) to wrongful death, often involve underlying criminal acts.
Strict liability, meanwhile, refers to the liability product manufacturers and sellers have for products that cause harm due to a defect in design, manufacturing, or labeling. You don’t have to show the party’s 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
Everyone’s situation is different and will depend on the facts of the case. But if you’ve suffered a loss as a result of another party’s liability (whether it’s negligence or otherwise), you will claim damages. These are the monetary claims for your losses, which are not always obvious at first glance.
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)
Life is full of risk and a life without risk frankly isn’t worth living. But when another party’s careless actions derails your life by causing serious injuries, you have the right to seek compensation for your losses. Contact the professionals at the Law Offices of Gary K. Walch, a Law Corporation to learn more about your legal options. Let our decades of experience and winning record help you during the difficult time following an accident. Time is of the essence when it comes to personal injury cases and the sooner you call, the better!