Encino Car Accident Lawyer
Traffic on the 405 is some of the worst in the nation. You should know because you work in Orange County but live in Encino, which means you have to take 405 every day of the workweek. If you’re lucky, you can get out of the house early when it’s not as bad as during peak hours. But when traffic’s moving, it’s really moving. People just want to get to where they’re going quickly before it backs up, which makes for a dangerous commute. Just last week, you thought you’d make it to work in under an hour but a driver passing you on the right clipped your front right fender, causing you to spin out.
You hadn’t even made it from 101 to the 405 interchange. Now your body is broken and you’re sitting in a hospital bed, not working while you rack up medical bills. The other driver is the one who drove like a maniac, so why should you suffer? While you can’t erase what happened, you do have the right to sue for your injuries.
The most important thing you should do following any major or minor car accident is take care of your injuries, but then you’ll want to contact an experienced Encino car accident lawyer at Walch Law to learn about your legal options. Gary and Robert have decades of success helping Encino personal injury victims get the most for their injuries. We take all our cases on a contingency fee basis so you pay nothing until we get you paid.Who’s at Fault? Negligence and Southern California Car Accident Injuries
The concept of “fault” isn’t always as simple as it may seem. For instance, there’s always the possibility that malfunctioning brakes or some other problem with either party’s vehicle leads to an accident. There are also scenarios where another party sets things in motion, such as when someone rear-ends a vehicle that, in turn, rear ends the car in front of them.
Generally speaking, there are four main types of fault in car accidents:
- Negligence (general carelessness when driving like not paying enough attention)
- 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)
Negligence is by far the most common cause of Encino car accidents. To be negligent means to owe someone a duty of care, such as following traffic laws, and then breaching that duty. In your case, the driver was negligent (or perhaps even reckless) by passing you on the right without enough clearance.
In order to prove your claim and collect money for your injuries, however, you’ll have to show the following elements:
- 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 losses), such as bodily injury and lost wages
A skilled Encino car accident lawyer will know how to prove these elements based on evidence, witness statements, and other information. When someone is found to be negligent, then they’re liable (financially responsible) for the costs you have incurred as a result, referred to as damages.Claiming Damages for Your Encino Car Accident
As you lie on a hospital bed for the seventh night in a row, soaking up painkillers and watching TV, you know it’s going to finally zero out your high insurance deductible. You also will need in-home care for a little while, physical therapy, and a few modifications to your home. But since you’ll need time off work, you’re worried about your bills. So, lost wages and medical costs will be some of the first damages you claim.
But injuries can take a major toll on all areas of your life. Other, not-so-obvious damages may include:
- Loss of enjoyment of life
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
In most cases your claim will be settled with an insurance company and probably won’t go to court which usually means you will get paid a lot faster. Be sure not to accept an early offer from the insurance company, at least not before speaking with your attorney, since it may not be adequate. Those quick settlement offers mean that the insurance company knows they are going to pay you and that you have a strong case but they also know you probably need money now so they offer a super low amount to take advantage of you. At Walch Law, we do not want that to happen to you—we will even review the offer for you and if it is good, we’ll tell you to take it. We know how to make sure you get paid the most for your accident and don’t charge you a penny until we get you paid.Get Help From a Top Encino Car Accident Lawyer Today
The insurance companies aren’t in the business of doling out big settlements and they all have teams of attorneys. Shouldn’t you also be represented when filing an accident claim? Get the help and respect you deserve by contacting the experienced legal professionals at the Law Offices of Gary K. Walch, a Law Corporation today! We are ready to get started today and hiring us only takes one call!