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Proving a Personal Injury Claim with an Accident Attorney in Encino
Winning a personal injury claim requires proving that the other party was at fault. This involves demonstrating four key elements.
- Duty of care: The defendant was legally responsible for acting reasonably to prevent harm. For example, drivers must follow traffic laws, and property owners must maintain safe premises.
- Breach of duty: The defendant failed to uphold their duty of care through negligent or reckless behavior, like speeding, failing to repair dangerous conditions, or ignoring safety protocols.
- Causation: You must show that the defendant’s breach of duty directly caused your injuries. This often requires evidence linking their actions (or lack thereof) to the harm you suffered.
- Damages: Finally, you must demonstrate that you suffered actual losses, such as medical bills, lost income, or emotional distress, due to the incident.
Our firm meticulously investigates each case to gather evidence, identify liable parties, and build a strong foundation for your claim.
Common Types of Accidents & Personal Injuries Our Injury Lawyers Handle in Encino
Encino, known for its busy commuter routes and vibrant local shopping centers, unfortunately, sees a wide variety of personal injury accidents. Common incidents include rear-end collisions on the 101 or 405 freeways, slip & falls in public venues such as Encino Commons, and bicycle or pedestrian accidents along Ventura Boulevard. Traffic congestion, seasonal weather changes, and aging infrastructure all contribute to the risks faced by residents and visitors. Understanding the types of cases commonly filed can help injury victims know their rights and what to expect from an accident attorney in Encino.
Some of the most frequent types of injury cases our firm handles in the Encino area include:
- Motor vehicle accidents, from minor fender-benders to severe multi-car collisions
- Slip, trip & fall claims involving unsafe store conditions or uneven city sidewalks
- Bicycle, pedestrian & ride-share accidents
- Premises liability due to negligent security or dangerous property conditions
- Dog bite & animal attacks frequently reported in residential neighborhoods
Immediate legal consultation with a personal injury attorney in Encino is highly recommended after these events to preserve evidence and protect your rights under applicable California laws. Our attorneys and accident lawyers at Law Offices of Colleen O'Hara are readily available to guide you through the steps required after an injury, ensuring you receive support and strong advocacy by an accident lawyer in Encino for the best possible outcome.
Trusted Advocacy, Proven Results.
Real Stories from Real Clients
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Colleen O'Hara's dedication and strategic brilliance turned a life sentence into a second chance, proving her unmatched expertise in post-conviction relief and litigation.- Carlos I.
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With gratitude and admiration, this client thanks Colleen O'Hara for her compassionate support and dedication, forever grateful for her heartfelt assistance.- Alejandra G.
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Colleen O'Hara’s unwavering commitment and relentless efforts turned a difficult case into a victory, bringing freedom and joy back to this family.- Desiree O.
What Compensation Is Available in Injury Cases with an Encino Injury Attorney?
If you have been injured, you may be entitled to several types of compensation under personal injury law.
- Medical expenses: This includes costs for immediate emergency care, ongoing treatments, physical therapy, medications, and assistive devices.
- Lost wages and future earnings: If your injury prevents you from working, you can seek compensation for lost income during recovery and diminished earning capacity in the future.
- Pain and suffering: This compensates for physical pain, emotional distress, and reduced quality of life caused by the injury.
- Punitive damages: In cases of egregious misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar negligence.
Every case is unique, and our attorney is committed to identifying the full scope of damages available to pursue maximum compensation.
Understanding California's Pure Comparative Negligence System with an Injury Attorney Encino
In nearly every accident, determining who is legally responsible is rarely a simple yes-or-no question. California follows a pure comparative negligence model, which means that even if you were partly at fault, you still have the right to seek compensation for your injuries. The amount you can recover, however, will be reduced by your assigned percentage of responsibility. For example, accidents at busy intersections in Encino or Studio City may involve several drivers, pedestrians, or businesses sharing varying degrees of fault. Our accident lawyers and personal injury attorneys regularly analyze complex evidence to ensure that fault is apportioned accurately and fairly, drawing on traffic camera footage or local police reports when available.
Practical application of the comparative negligence rule often arises in negotiating with insurance adjusters or before a case reaches trial. Insurance companies serving Encino and the San Fernando Valley region are known for attempting to shift more blame onto injury victims, which can significantly lower your financial award. By working with an experienced injury attorney, you benefit from advocacy designed to protect your interests at each phase. Our personal injury lawyer Encino team is adept at presenting compelling evidence, challenging unfair fault assignments, and securing the compensation you are truly entitled to under California law.
When a personal injury case goes to court or settlement negotiations, the fault for the accident may be divided among the parties involved, often expressed as a percentage. Each party’s degree of fault is carefully assessed based on evidence like witness statements, medical records, accident reports, and expert testimony.
If percentages are assigned, your compensation is adjusted downward to reflect your share of responsibility for causing the accident.
Imagine you are in a car accident caused by a driver running a red light. However, the evidence shows that you were speeding at the time, contributing to the collision's severity. After the investigation, it was determined that the other driver was 80% at fault, while you were 20% at fault.
If your total damages amount to $100,000, your compensation would be reduced by your percentage of fault. This means you would receive 80% of the damages, or $80,000, instead of the full $100,000.
Insurance companies often try to overstate your percentage of fault to reduce the compensation they have to pay. This is why having skilled legal representation from a personal injury attorney in Encino is critical. Our attorney can fight to minimize your share of fault while maximizing the damages awarded. We strive to make the comparative system work fairly for you, helping you recover the compensation you deserve with guidance from an experienced injury lawyer in Encino.
