Westlake Village Personal Injury Lawyer
Westlake Village has its own unique culture, defined by its namesake lake and neighborhoods linked by water. Visiting your friends by boat is just as normal as driving to the store. You enjoy life here because it’s away from the hustle and bustle of Los Angeles but still close enough for your job. However, you do need to use extra caution around the lake, especially at night. Just slipping on a wet patch could send you careening off the dock, while not everyone who drives their boat abstains from drinking or follows the rules.
You can’t count on everyone being safe, which is why you sometimes need the services of a top Westlake Village personal injury lawyer at Walch Law. When someone is negligent or reckless and they result in you injuries, you can file a personal injury lawsuit to recover the costs associated with those injuries and more. Attorneys Robert and Gary Walch know how to maximize your settlement and have a success rate of over 98%. Get in touch with them now to schedule your obligation free consultation and learn more about their personalized approach, get your questions answered and more.
We’ll take a look at personal injury law, the meaning of liability and negligence, and how damages are claimed.Determining Fault for a Westlake Village Injury Claim
Life is full of risks, regardless of how careful you are, and each of us owes a certain duty of care (or legal obligation) to others. For example, motorists have a duty to obey the traffic laws and to yield to pedestrians and other hazards. Some parties owe a higher duty of care in certain situations. For instance, teachers are responsible for the safety and well-being of their students, which is a higher standard than other adults besides the childrens’ own parents.
To “breach” your duty of care is to act in a way that’s inconsistent with that of a “reasonable person.” If you exceed the speed limit or drive erratically and cause an accident, then you’ve breached your duty of care by not acting as a reasonable person would. This is called negligence; those who are negligent are liable for any injuries that result from their negligence.
The plaintiff (the injured party) must prove the following elements in order to prevail in their claim:
- Defendant (at-fault party) owed a duty of care to the plaintiff (to clean up spills, fix rotten floorboards, etc.)
- Defendant breached that duty (failed to take care of known problems)
- 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 (it was obvious that their failure to fix these known problems resulted in the injuries)
- Plaintiff has suffered actual damages, such as bodily injury
If the owner of your local marina fails to clean up a known oil spill on the dock, particularly if it’s a highly trafficked area, they may be held liable if patrons slip and fall and become injured as a result. While you likely won’t take your claim to court, your Westlake Village personal injury lawyer will need to put together the best claim possible in order to help get you get a decent settlement.Strict Liability and Intentional Claims
There may be instances where the defendant was neither negligent or reckless but still may be held liable for your injuries. For instance, someone may have intentionally caused your injuries, perhaps by assaulting you during an argument; this is referred to as an “intentional tort.” Other intentional torts include defamation (saying or writing something that damages your reputation) and intentional infliction of emotional distress.
Strict liability claims, meanwhile, may be filed against manufacturers, distributors, and retailers of dangerous products that cause injury. You don’t have to show 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
- 3. Plaintiff was injured by the defective product
When you claim damages, you tally up the dollar value of the losses you have sustained as a result of your injuries (those that are attributed to the defendant’s liability).
Personal injury damages may include the following (this is not a complete list):
- 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)
When the negligence, recklessness, intentional act, or products of another party have caused you serious injuries, you have the right to seek monetary compensation for your losses. But don’t call just any Westlake Village lawyer, contact the experienced professionals at the Law Offices of Gary K. Walch, a Law Corporation. Robert and Gary Walch are a local father-son team that will fight hard to get you paid and will keep you updated on the status of your case throughout the process. We know that dealing with a lawsuit sounds daunting but it is very little work on your part when you hire Walch Law, all you have to do is call.