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Burbank Personal Injury Lawyer

If you were seriously injured because of another’s misconduct, you may be understandably frustrated and concerned about how you will pay for your newfound losses and what legal options you have for pursuing restitution. Before trying to seek any kind of civil judgement or private settlement by yourself, you should strongly consider contacting a Burbank personal injury lawyer to discuss your legal options.

A qualified attorney with experience helping people in similar situations to yours could turn out to be a crucial ally at every stage of your case, from initial negotiations to a final resolution in or out of court. Do not hesitate to reach out right away.

Proving Negligence in a Personal Injury Case

As per California Civil Code §1714, every person bears responsibility for the direct consequences of the actions they take, whether they intended for those consequences to happen or had no idea they were putting anyone else at risk of harm. This section of state law establishes the basic legal principle of “negligence,” which is what most personal injury cases are built around.

To hold someone else—a “defendant”—liable for injuries and ensuing losses based on legal negligence, an injured “plaintiff” must prove that each of the following criteria applies to their situation:

  • The defendant had an explicit or implicit responsibility to protect the plaintiff from harm by acting reasonably under the circumstances
  • The defendant committed a “breach” of this responsibility by acting carelessly or recklessly
  • The defendant’s behavior directly caused an injury to the plaintiff that necessitated care from a medical professional
  • The plaintiff sustained compensable losses directly because of their injury

Depending on the circumstances, compensable losses could include both objective financial harm like medical expenses and lost work income, and subjective physical and emotional damages like lost enjoyment of life, lost consortium, physical pain, and emotional trauma. A Burbank civil attorney could explain in more detail what damages might be recoverable in a particular case.

What Could Potentially Hinder Civil Litigation?

Importantly, defendants named in personal injury cases are not the only parties involved in those claims who could potentially be found at fault for the outcome of the accident in question. Under the pure comparative fault doctrine followed by California civil courts, any plaintiff found to bear a percentage of the total blame for their own injuries may have whatever damage award they ultimately received reduced by that same percentage.

Additionally, most personal injury claims are subject to a two-year statutory filing deadline set out by California Code of Civil Procedure §335.1. However, different statutory deadlines—as well as other unique rules and restrictions—may apply to a specific civil case, so it is almost always best to discuss options with a well-practiced lawyer quickly following an accident in Burbank.

Get in Touch with a Burbank Personal Injury Attorney Today

Even if you have strong grounds for litigation against the person who caused your accident and subsequent injuries, making good use of the evidence you have access to can be a challenging endeavor. Whether you have prior experience with civil litigation or have never seen the inside of any courtroom before, seeking professional guidance and support could improve your chances of a fair and comprehensive recovery.

A qualified Burbank personal injury lawyer could discuss your case with you in more detail during a private consultation. Call today to schedule yours.

Benji Personal Injury – Accident Attorneys, A.P.C.

Benji Personal Injury – Accident Attorneys, A.P.C.
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