Malibu Car Accident Lawyer
Malibu is a crown jewel of Southern California, known for its pristine beaches and gorgeous mountain trails, among other things. It’s also known for its rich and famous residents, including Jennifer Aniston, Jack Nicholson, Ellen DeGeneres, and Britney Spears. But it’s not just celebrities who live in this beautiful corner of the world. After all, it takes all walks of life for a community to really thrive, including cooks, carpenters and shopkeepers.
The roads are windy and the traffic can be terrible in Malibu, especially in the summer and on the weekends when car accidents peak. Your Malibu car accident lawyer at Walch Law is best suited to help you get the best possible settlement. Local to the area and over 40 years of experience helping car accident victims get the money they deserve quickly, Gary and Robert Walch are who you want handling your case.How Fault is Established for Southern California Car Accident Injuries
You were winding your way toward the beach to hit the waves on your first day off in a long time, stoked and grinning from ear to ear, when a convertible Bentley comes out of nowhere and crashes into your car. The driver blames you and checks his precious automobile before even noticing that you’ve suffered severe injuries to your head and neck. He’s the one who rolled through the stop sign, so it’s clearly his fault. Calling the police and getting an official report will help clear things up… don’t worry we will get this for you when you hire use.
There are four main types of fault that pertain to car accidents:
- Negligence (general carelessness)
- 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)
When someone is negligent, it means they owed you a duty of care and breached that duty. The driver of the Bentley failed to follow traffic signs (rolling through the stop sign), hitting your vehicle. This resulted in your substantial injuries. Your Malibu car accident attorney will gather the evidence you need to prove your case and maximize your settlement.
You’ll need to prove the existence of the following elements in to prevail in a negligence claim:
- 1. Defendant (at-fault driver) owed a duty of care to the plaintiff (injured party)
- 2. Defendant breached that duty
- 3. Plaintiff’s injuries were in fact caused by this breach
- 4. 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
- 5. Plaintiff has suffered actual damages (legally recognized injuries), such as bodily injury
By proving these elements, the plaintiff establishes the defendant’s liability for your injuries. If they’re liable, then they are required to compensate you for the damages you have claimed. In this case, the wealthy defendant is refusing to admit responsibility and boasts of a robust legal team. But that’s why you also need to lawyer up.Claiming Damages for Your Malibu Car Accident
For many, their car accident injuries are going to max out your high medical insurance deductible and won’t be able to work for a period of time-- so you’re concerned about covering the rent and paying your bills on time. The cost of medical care, physical therapy, and lost wages adds up to a big chunk of change. But that’s probably not the extent of it. Meanwhile, the reason you pay so much to live here is because you love to hike, ride your mountain bike, and surf Malibu’s stellar waves.
Some not-so-obvious damages you may claim include the following:
- Loss of enjoyment of life
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Although the majority of car accident claims are settled out of court and involve negotiations with insurance companies, it’s important to put together a solid case as if it could go to trial. The stronger your claim, the better chance you have of obtaining a high-dollar settlement. Your Malibu car accident lawyer will help you in this endeavor and make sure what you get paid fully reflects the impact the car accident has had on your life. And if you are in a situation where you are struggling to pay for necessary medical care, that is something we can help you with now as well.Involved in a Malibu Car Accident? Get Expert Legal Help Today
If you have been injured in a Malibu car accident, you’re entitled to monetary compensation when you’re injured by another party’s negligent driving. Having a skilled Malibu car accident lawyer on your side helps. If you’ve been injured in a Malibu car accident, call the experienced attorneys at the Law Offices of Gary K. Walch, a Law Corporation today. Time is of the essence with these cases so the sooner you get in touch with us, the better! We look forward to hearing from you.