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Personal Injury

Agoura Hills Personal Injury Attorneys

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Elements of a Personal Injury Claim

In a personal injury claim, you must establish that the other person’s negligence harmed you.

For any personal injury claim to be successful, your claim must include the following elements:

  • The defendant had a legal duty to use reasonable care to prevent harm to you.
  • The defendant violated that legal duty.
  • The defendant’s violation of the legal duty caused you harm.

Understanding Legal Duty

The legal duty in motor vehicle claims is to use reasonable care in driving a vehicle. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles. The failure to use reasonable care in driving a vehicle is a violation of that legal duty.

The legal duty in medical malpractice claims is to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful medical practitioners would use in the same or similar circumstances. The level of skill, knowledge, and care is “the standard of care.” The standard of care is determined based on the testimony of experts. Violation of that legal duty is a “breach” of the standard of care.

Challenges in Proving Negligence

To establish liability, you must prove that the defendant violated their legal duty to use reasonable care to prevent injury to you. However, it is challenging to prove that the defendant engaged in the kind of actions or omissions that constitute a violation of that duty or a breach of the standard of care. Defendants and their insurance companies do not usually admit negligence willingly.

You must also prove that the violation of the legal duty caused your injuries. For instance, if you were involved in a bicycle accident but were not wearing a helmet at the time, the defendant and their insurance company will claim that you caused your injuries because you were not wearing a helmet. You have the burden to prove that the injuries would have occurred even if you were wearing a helmet, and that your injuries were therefore a direct result of the defendant’s negligence.

Call Effres & Effres at (818) 222-9720, or contact us online, to get started with your claim.

What Does a Personal Injury Lawyer Do?

Personal injury lawyers handle cases where an incident has occurred that has resulted in injury or harm to an individual. They work closely with their clients to understand the nature of the incident, assess the damages, and determine the best course of action to pursue legal recourse.

One of the primary responsibilities of a personal injury lawyer is to investigate the incident and gather evidence to support their client's case. This can involve interviewing witnesses, reviewing medical records and police reports, and consulting with expert witnesses to establish liability and damages. The lawyer may also negotiate with insurance companies and other parties to reach a settlement that adequately compensates their client for their losses.

In some cases, a personal injury lawyer may need to file a lawsuit and represent their client in court. This involves presenting evidence and arguments and advocating for their client's rights and interests. Personal injury lawyers must be skilled in legal research, writing, and oral advocacy, as well as have a deep understanding of the relevant laws and regulations.

A personal injury lawyer serves as an advocate and legal advisor for individuals who have been injured due to the negligence or wrongdoing of others. They work to ensure their clients receive fair compensation for their injuries and losses, while also providing emotional support and guidance throughout the legal process.

Serving the Greater Los Angeles Area & San Fernando Valley

When you become the victim of an accident, everything immediately grows more complicated and confusing. It is all too easy to get overwhelmed by all the complexities of contending with the legal side of things while you are simultaneously trying to recover from your injury.

Insurance companies have been known to take advantage of this situation by attempting to offer a paltry settlement to the victims in hopes that they will accept it without thinking. However, once you are dealing with an injury, you will be surprised by how hard of a financial hit you may take-medical bills, lost wages at work, and other costs can quickly pile up.

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Our Clients' Success Stories

  • "I will most certainly come to you if & when I need an attorney."
    Dear Mr. Effres, I would like to express my deep appreciation for assisting me when I called you regarding the problem I had with a dental group I had been going to. Unfortunately my only solution will be small claims court. Here is a case where the dentist said he was qualified to do root canals and missed the canal and went into my gum even though he took 3 x-rays during the procedure, and very casually said, “sometimes things like this will happen.” I wish to thank you again for your advice and you can be assured I will most certainly come to you if & when I need an attorney. Your thoughtfulness meant a lot! by H. M.
    - H.M.
  • "You are my guardian angel & my life will never be the same thanks to you."
    Dear Steve, I want to Thank You from the bottom of my heart for taking my case & for being my lawyer. You took my case, when other lawyers didn’t think I had a chance. You believed in my case, you believed in yourself & you believed in the system. Your wisdom, experience, knowledge, expertise, focus, dedication, calmness, composure, personality, sincerity & true compassion for my case was felt by me, my family, & the jury. I would not have won my case without you. Because of you, JUSTICE WAS DONE. I could have never imagined, how a person I hardly know, can change another person’s life, as you have helped change mine. You are my guardian angel & my life will never be the same thanks to you. Steve, you are a GREAT LAWYER & SHOULD feel very proud that you have the ability to change a person’s destiny and to touch people’s hearts & emotions in such a positive & emotional way. YOU are my HERO my KNIGHT in shining armor AND I WILL NEVER forget you! I consider myself lucky & blessed that our paths crossed in life. I can only hope that I meet more people in my life as special as you are. Thank you for being who you are, for sharing yourself with others in a way that always makes the world a better place. You are truly an angel in my EYES & my world is a lot brighter because of you. You will always have a special place in my heart. Best wishes to you in all your future endeavors. God Bless you & your family. Love always by M. S.
    - M.S.
  • "I’m thankful to your professional service and advice."
    Dear Mr. Effres: I’m thankful to your professional service and advice. And I will be very proud of myself that I have your name-card in my rolodex. Sincerely by J. D.
    - J.D.
  • "Thank you so much for your help and patience. It is greatly appreciated."
    Steve- Thank you so much for your help and patience. It is greatly appreciated. by J. W.
    - J.W.

    Put 35+ Years Of Experience In Your Corner

    At Effres & Effres, our Los Angeles personal injury attorneys know you are going through enough as it is. Legal fees would just be one more stressful thing to handle. However, we believe you deserve access to skilled representation, no matter what your financial situation is like. That is why we not only offer free initial consultations, but we work on a contingency fee basis. This means that you will not be required to pay any legal fees unless we successfully recover compensation on your behalf.

    We want to help you in any way that we can. Contact us if you have any questions about how to get started. We offer our services for residents throughout Southern California, including Los Angeles, Orange County, Riverside, San Bernardino, San Diego, Ventura, and all surrounding counties.

    Call (818) 222-9720 now to speak to a member of our team at Effres & Effres.

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