Westlake Village Car Accident Lawyer
You usually take your boat to the restaurant when you meet your friends for lunch, which is just one of the unique advantages of living in Westlake Village. Since you needed to go to the other side of town to run some errands, you decided to drive your car instead. But as you were driving down Triunfo Canyon Rd., someone making a left turn from Lindero Canyon Rd. failed to stop at the light and t-boned your car, sending you spinning into traffic. It was all just a blur but now you’re on crutches and zoned out on painkillers.
How could one person’s carelessness impact your life so much? There’s nothing you can do to change what happened, but it’s hardly fair that you’re the one who has to pay for the medical bills, in-home care, and other expenses, not to mention the damage to your car. Your talented Westlake Village car accident lawyers at Walch Law has seen these types of accidents before and will help you recover the compensation you need to get on with your life. We have over 45 years of experience helping individuals and families following car accidents and will help get you the most for your accident—even if you were partially responsible! Get in touch with us now to learn more.Who’s at Fault for Your Westlake Village Car Accident?
When one or more parties are at fault for an accident that leads to your injuries, then they may be held liable for the monetary cost of those injuries (referred to as damages). While car accidents usually are the result of someone being careless, such as a distracted driver or a driver exceeding the speed limit, but not always. For example, that driver who hit you may have been experiencing brake failure or could have had a heart attack right before going through the intersection.
The four main types of fault in car accidents are:
- 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)
In most cases, negligence will be the cause of action for your car accident injuries. This means that someone failed to act in a manner consistent with that of a “reasonable person.” For instance, a reasonable person would have stopped at the stop light instead of going through the intersection and endangering motorists who had the right-of-way. For the sake of discussion, we’ll assume they didn’t have a heart attack and that their brakes were working just fine.
Even if your claim settles out of court (and most do), you’ll need to establish the following elements in order to prove the other party’s 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, such as bodily injury and lost wages
It may seem simple, but you’ll want to rely on the help of a skilled Westlake Village car accident lawyer in order to build a solid claim. Even though you probably won’t be going to court, a professionally prepared claim will give you more leverage when negotiating a settlement with an insurance company that will look for anything to argue the worth of your case down.Claiming Damages: The Basics
You’ve suffered actual injuries from the car accident that was caused by a negligent driver, including broken bones and lacerations. So your claim for damages will include medical costs (even if you have adequate insurance coverage), the cost of transportation, physical therapy (if applicable), in-home care, and lost wages.
However, your injuries also may have a broader impact on your life. Depending on your situation, you also may be able to claim the following damages:
- Loss of enjoyment of life
- Permanent disability
- Pain and suffering
- Diminished future earning potential
- Loss of consortium (intimacy and affection)
Life carries plenty of risks, especially when you’re in an automobile. And while it’s unfair that your life can be put in danger because another motorist couldn’t be bothered to stop at the stoplight, it’s just one of those risks of living in a community. Thankfully you have the right to seek monetary compensation for the costs associated with your injuries, but don’t just call any attorney. Get in touch with the experienced legal professionals at the Law Offices of Gary K. Walch, a Law Corporation and learn more. We know how difficult this time can be which is why we take all of our cases on a contingency fee basis and can also help you get the medical care you need now. Schedule your obligation free call with us now to learn more about why we are the right choice to help with your Westlake Village car accident!