Burbank Personal Injury Attorney
Burbank is an exciting place to live. Known as the “Media Capital of the World,” the city is home to Warner Bros. Entertainment, Nickelodeon Animation Studios, The Walt Disney Company, and more. Unfortunately, even with the backdrop of glamor the city provides, accidents still happen here. When they do, they result in some of the most serious injuries. If you have been hurt through no fault of your own, you can file a claim against the negligent party that hurt you. A Burbank personal injury lawyer can help ensure you receive the full settlement you deserve.
Why Work With a Personal Injury Lawyer?
You are not required to work with a personal injury lawyer after an accident. However, research has shown that injured individuals who have legal representation typically obtain up to three times more in damages than those who do not. Many people are not aware of the many laws that govern personal injury claims or the rights they have when filing one. When working on your claim, an attorney will:
- Examine the facts of your case to determine who is liable for your injuries
- Accurately value your claim
- Conduct a full investigation and collect evidence to strengthen your claim
- Negotiate with the insurance company for a fair settlement
- Represent you at trial, if necessary
Many people are reluctant to work with a personal injury lawyer because they believe it is too expensive. However, most personal injury lawyers will offer a free consultation during which you can obtain the sound legal advice you need. Personal injury lawyers also usually work on a contingency fee basis, which means you do not pay unless you are successful with your case. At that time, an attorney will charge a certain percentage of the damages you were awarded.
Personal Injury Settlements vs. Trials
The vast majority of personal injury claims settle outside of court. Negotiations take place between you or your attorney and the insurance company or the liable party. The insurance company will usually start negotiations by offering a settlement, but these are typically not enough to fully cover the cost of your injuries and other losses. Your attorney can then make a counteroffer for a higher amount. Negotiations continue in this manner until a fair settlement is reached. Approximately 95% of personal injury claims are settled in this manner.
When the insurance company or liable party refuses to make a fair settlement offer, it is sometimes necessary to take them to court and go to trial. During a trial, your lawyer will present evidence, call witnesses, and cross-examine witnesses from the other side to prove your case. A judge or jury will then make a decision regarding whether you should be awarded damages and, if so, the amount you deserve.
Reaching a settlement and going to trial both have their advantages and drawbacks. If you are able to reach a settlement with the insurer or at-fault party, you will receive the damages you need sooner. You can also avoid the stress of having to appear in court during a trial. When insurers and liable parties refuse to act in good faith, it is necessary to take them to trial. Although a trial will create a delay in receiving the damages you deserve, it is sometimes the only way to obtain fair damages.
Additionally, if you go to trial, you may also receive punitive damages, which are not typically included in a settlement. Punitive damages are not meant to compensate you for your losses. Instead, they are meant to punish defendants who have been grossly negligent and deter them from acting similarly in the future.
Proving a Personal Injury Case
Due to the fact that the vast majority of personal injury cases rest on the legal concept of negligence, you will have to prove another person was careless and caused your accident. When doing this, you must establish four important elements of your case. These are as follows:
- The liable party owed you a duty of care to keep you safe,
- The duty of care was breached when the liable party acted negligently,
- The negligent act caused an accident, and
- You sustained injuries as a result of the accident.
Having strong evidence is crucial when proving a personal injury claim. Some of the most important evidence used in personal injury cases includes:
- The testimony of an accident reconstruction expert
- Testimony obtained during depositions
- Eyewitness testimony
- Medical records
- Photographs of the accident scene and resulting injuries
- Medical records
- Video surveillance footage
Some cases will also involve very specific evidence. For example, after a truck accident, the black box in the vehicle, employment records from the trucking company, and compliance reports can all be used as evidence. Knowing which evidence to collect and then gathering it is not an easy task, particularly when you are trying to recover from serious injuries. This is another way a Burbank personal injury lawyer can help with your case.
Our Personal Injury Lawyers in Burbank Can Prove Your Case
Successfully proving a case so you obtain the full and fair damages you deserve is not easy. At Personal Injury Legal Group, our Burbank personal injury lawyers can provide the legal advice you need and handle every aspect of your claim so you can focus on getting better. Call us now at 310-388-4306 or reach out to us online to schedule a free consultation and to learn more about your legal options.
