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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 am very pleased that you kept me informed at each step of this process."
    Dear Mr. Effres: Thank you for all of your work on my behalf regarding the wrongful death of my mother in the parking lot of the Burbank mall. This was a difficult and complex case in that there were several entities that had to be dealt with simultaneously. To make matters worse, none of the parties were inclined to move forward in an effort to reach a resolution. Thanks to your persistence, patience and skillful negotiation a very favorable settlement was subsequently reached with all parties satisfied and in full agreement. I am very pleased that you kept me informed at each step of this process and thankful to have you as my attorney in this matter. Yours truly by L. W.
    - L.W.
  • "So pleased to win the case, through your legal expertise."
    Dear Mr. Effres, Please allow us to make your acquaintance. We are writing at the urging of Mr. Gusa, who shared with us the lovely history behind our receiving a beautiful six-passenger golf cart. As you know, he is a fine man and he was so pleased to win the case, through your legal expertise, so as to provide us with this unexpected gift. We would never have conceived of having such a large golf cart. Now that we have it, we are discovering how very valuable it is for being able to take a group of our distinguished guests all together on a tour around the monastery grounds. Perhaps one day circumstances will be such that you find yourself in Arizona. If so, we would be pleased to invite you on a tour of the monastery! With best regards by X. N.
    - X.N.
  • "They treated us with genuine kindness and respect, and made such a difficult time for our family bearable."
    I cannot recommend Effres and Associates highly enough. Having lost a loved one due to malpractice, I was determined to find the best legal representation to seek justice for my family. We researched and interviewed many lawyers, and Stephen and Justin Effres stood out in every aspect; their knowledge and experience in the malpractice field, their record of winning cases, their patient guidance through the entire legal process, and their accessibility and responsiveness is unsurpassed. They treated us with genuine kindness and respect, and made such a difficult time for our family bearable. We always felt that they had our best interests in mind. They did such a great job on our case and we were extremely happy with the outcome. I highly recommend choosing them for your legal counsel.
    - E.C.
  • "A special thank you for all you’ve done."
    A special thank you for all you’ve done. It’s great that everything is settled now. by L & S
    - L&S

    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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