Burbank Personal Injury Lawyer

Being the victim of an accident that causes a personal injury can be devastating. From costly medical expenses to the amount of time it takes to recover, personal injuries can put a tangible strain on you and your family.

With over 100,000 residents living in Burbank, accidents caused by someone else’s negligence or carelessness can and do occur. If you or a loved one suffered an injury in an accident and believe someone else was at fault, contact a Burbank personal injury lawyer to review your case. A skilled personal injury attorney could work towards a positive outcome for you.

Seeking Compensation After Suffering a Personal Injury

Personal injuries come in various forms and can result from car accidents, motorcycle accidents, slip and falls, medical malpractice, and more. Someone injured due to another’s negligence may be entitled to compensation for physical and emotional damages.

Most personal injury cases are based on theories of negligence. This means that if an injured party can prove the defendant acted negligently they may be able to recover compensation. A Burbank personal injury attorney can analyze each case to help determine whether someone has a viable claim.

Proving Negligence in Burbank

There are four main elements to a negligence claim – duty of care, breach of duty, causation, and damages. The plaintiff may have to meet all four for a defendant to be found negligent and to receive compensation. Because these elements require both factual and legal analysis, a personal injury attorney in Burbank often greatly impacts a case.

Duty of Care

The injured person may have to prove the defendant owed them a duty of care. California Code Section 1714 establishes such a duty by determining that everyone is not only responsible for the result of their willful acts, but also for any injury to another person stemming from their “want of ordinary care”.

Breach of Duty

Once it is established that the defendant owed the injured party a duty of care, the plaintiff may have to prove the defendant failed to live up to that duty or standard. This is typically the point where the injured party tries to prove the defendant was at fault for the accident that caused their injuries.

Causation

The third element of a negligence claim is causation. There are two types of causation that must be met, actual causation and proximate causation. To determine actual causation, the court may apply the “but for” test. Essentially, the court will ask, “but for defendant’s actions, would the accident have occurred?” If the answer is no, the injured party may have established actual causation.

However, proximate causation also hinges on foreseeability. The court may ask whether the person’s injury was a foreseeable result of the defendant’s negligence. If it was, proximate cause may be satisfied.

Damages

The fourth and final element the injured party may have to prove is damages, which is a legal term for injuries in a personal injury case. If the injured party proves they suffered physical and/or emotional damages because of the defendant’s negligence, they may be entitled to compensation. Medical expenses lost wages, or emotional distress can all be compensable damages.

Consulting a Burbank Personal Injury Attorney

Everyone suffers injuries at some point, however, when your injuries are another person’s fault you may be able to hold that person liable. Pursuing a claim against the responsible party can help you seek justice and recover compensation that can help you pay for medical bills and other expenses.

If you have sustained an injury in an accident resulting from another party’s negligence, contact a Burbank personal injury lawyer as soon as possible. A capable attorney can help advocate for your best interests and fight for the compensation you deserve.