Car Accident Lawyers Dedicated to Fighting for You
Our legal team at Barry P. Goldberg hears it all the time from car accident victims before they become our clients: “I know I need an attorney, but I can’t afford one right now.” However, without a car accident lawyer in Tarzana, CA to represent your best interests, it could cost you far more than attorney’s fees. You may also be surprised to learn that because we work on a contingency fee basis, if we don’t win you will not have to pay for our services. You also do not have to pay our Tarzana, CA car accident lawyer upfront. Once we explain our fee structure, victims realize that not only do they need our legal representation, but they can’t afford to not have it. Attorney Goldberg founded this firm in 2005 and has been dedicated to helping his clients ever since.
Table Of Contents
Understanding Contingency Fee Payment
Contingency fee payment means you won’t pay our car accident lawyer unless you collect money through a settlement or a jury award. We don’t get paid unless you receive compensation for your injury. This type of arrangement means our team will be invested in your case. We aren’t charging you pointless fees. You’ll be able to trust that we’re equally focused on securing a reasonable and deserving award for you.
You won’t pay our car accident lawyer in Tarzana, CA a dime upfront.
If you suffered serious injuries as a result of an auto accident that was not your fault, we realize you may be out of work for days, weeks, or months. You may have ongoing doctor’s appointments, and that means ongoing bills — on top of your regular monthly expenses.
After we win your case and a settlement or jury award is reached, we’ll take a fixed percentage of the overall amount. This is something we’ll discuss and agree to before we begin work on your case.
The First Step to Take After an Accident
If we don’t win your case, we don’t get paid. That means we also won’t take a case we don’t think we can win. We’ll meet with you for an initial free consultation to determine if it makes sense to pursue your case. Our team will look at the details of your accident — the police report, your injuries, any witness statements, etc. We will consider all information available at the time to determine if you have a case worth pursuing. Because we accept payment only through a contingency agreement, you can trust that your car accident lawyer will be honest with you.
Steps to Take if a Child Was Injured in a Car Accident
Watching a child get injured in a car accident can be incredibly painful. Through all the advocacy, support, and care you provide, there may be little you can do to take their pain away completely. Ensuring that they obtain medical treatment to help them recover and reduce the pain they may be experiencing will be your top priority. When a child experiences a car accident, it can leave a parent feeling completely helpless. Chances are, you will want the person responsible held accountable for their actions. One such way a parent may be able to do this is by taking action with a car accident lawyer in Tarzana, CA.
Securing Compensation for Your Child’s Injuries
Securing compensation for a child following an accident is twofold. When a child has been injured in a car accident, they have a right to compensation for the injuries they have experienced as a result. Additionally, parents are likely to have also experienced loss in some way. Because parents are responsible for ensuring that their child receives the appropriate medical treatment, they stand to shoulder much of the child’s medical expenses. Ensuring a successful accident claim begins with two very important details. Gather as much evidence and information as possible to support your child’s claim. Evidence gathered should not only prove that you and your child suffered losses, but that the other party was liable for the accident. Hiring a car accident lawyer to help with this process will be one of the most crucial steps a parent can take when looking to secure compensation for a child.
The Statute of Limitations for Car Accidents
The statute of limitations is the length of time a person has to pursue an accident claim for the damages they face following a car accident. In most states, an adult has two years from the time of the accident. However, there are variations to this law depending on the state where the accident occurred. In cases involving children under the age of 18, the statute of limitations is managed differently. This is one of the exceptions to the statute of limitations that may allow the timeframe to be extended. In many cases, a parent may bring forth a claim to cover the damages they have shouldered when caring for the child.
Managing Your Child’s Settlement
Depending upon the state you live, many settlements regarding minor children must be approved by the courts. This allows for the court to review a minor’s settlement to ensure that the compensation obtained is fair. Additionally, funds for the child may be required to be held in a trust account until the child reaches legal age. In most cases, any funds extracted before the child reaches the age of 18 must be approved by the court. This can be frustrating for parents to hear. In most cases, some of the settlement may be set aside for parents to recover any medical expenses or damages they have incurred concerning the accident. A car accident lawyer can provide parents with key counsel when managing expectations and determining what to expect once a settlement has been awarded.
10 Mistakes to Avoid After a Car Accident
Our Tarzana, CA car accident lawyer knows that the steps to take following a car accident may be unclear, especially when focusing on the recovery process. However, it’s crucial to remain calm and informed to avoid common pitfalls that could harm your chances of receiving fair compensation. At Barry P. Goldberg, we understand the complexities of car accident cases and aim to guide you through the process smoothly. Here are the top 10 mistakes to avoid after a car accident, based on our years of experience helping clients understand the legal system.
- Failing to Seek Medical Attention Immediately
After a car accident, your health should be your top priority. Even if you feel fine initially, some injuries may not manifest symptoms until later. Failing to seek medical attention promptly could not only jeopardize your health but also weaken your potential personal injury claim.
- Neglecting to Call Law Enforcement
It’s essential to contact law enforcement immediately after a car accident, even if it seems minor. A police report provides crucial documentation of the incident, which can strengthen your case later on. Without a police report, it may be challenging to prove liability or the extent of damages.
- Admitting Fault or Apologizing
It’s natural to feel remorseful after an accident, but admitting fault or apologizing at the scene could be interpreted as an admission of liability. It’s best to avoid discussing fault or making statements that could be used against you later. Let the investigation determine fault instead.
- Failing to Gather Evidence
Collecting evidence at the scene of the accident is vital for building a strong case. Take photos of the vehicles involved, any visible injuries, road conditions, and traffic signs. Additionally, gather contact information from witnesses who can provide statements supporting your version of events.
- Delaying or Failing to Notify Your Insurance Company
Our team will share with victims that even if they believe the other party is at fault for the accident, it’s key to notify the insurance company. Failure to do so could result in delays or denial of coverage. Be honest and provide accurate information when filing your claim to avoid potential complications.
- Accepting a Quick Settlement
Insurance companies often try to settle claims quickly to minimize their financial liability. However, accepting a settlement without fully understanding the extent of your injuries or damages could leave you under-compensated. Consult with a lawyer before agreeing to any settlement offers.
- Posting on Social Media
Avoid posting about the accident or your injuries on social media, as insurance adjusters and opposing counsel may use your posts against you. Even seemingly innocent posts could be misconstrued and negatively impact your case. It’s best to refrain from discussing the accident online until the case is resolved.
- Overlooking Future Damages
Don’t focus solely on immediate expenses when calculating damages. Consider potential future medical treatments, lost wages, and pain and suffering. An experienced attorney can help assess the full extent of your damages and pursue fair compensation for both current and future losses.
- Skipping Follow-Up Medical Care
Follow your doctor’s recommendations and attend all follow-up appointments to ensure your injuries are properly documented and treated. Failing to do so could be used by the opposing party to argue that your injuries were not severe or that you contributed to their worsening.
- Not Seeking Legal Representation
Finally, one of the most significant mistakes you can make after a car accident is not seeking legal representation. An experienced car accident lawyer can navigate the complexities of the legal system on your behalf, protect your rights, and fight for the compensation you deserve.
Tarzana Car Accident Infographic
Tarzana Car Accident Statistics
According to the National Safety Council, car accidents are the leading cause of personal injury in the United States. Every year, there are approximately 6 million crashes in this country, resulting in injuries to more than 3 million people, many left with long-term or permanent disabilities.
If you have been injured in a crash caused by someone else, make sure you have a skilled car accident lawyer from our firm fighting for you to get you the financial compensation you may be entitled to.
Tarzana Car Accident FAQs
Being involved in a car accident can be a traumatic and overwhelming experience, with serious implications for your health, finances, and overall well-being. In such challenging circumstances, hiring a Tarzana car accident lawyer from Barry P. Goldberg can be crucial to protecting your rights and securing the compensation you deserve. Here are several compelling reasons why someone should hire a car accident lawyer.
What Kind Of Legal Guidance Is Provided?
Car accident cases involve intricate legal procedures and complexities, which can be challenging to navigate without professional guidance. Our car accident lawyer specializes in personal injury law and has a deep understanding of the legal principles, statutes, and regulations governing car accident cases. They can explain your rights, assess the merits of your case, and develop a strategic plan to pursue compensation for your injuries and losses.
Who Does The Investigation And Evidence Gathering?
Building a strong car accident case requires thorough investigation and evidence gathering. A skilled lawyer will conduct a comprehensive investigation into the circumstances surrounding the accident, gather evidence, interview witnesses, and obtain relevant documentation such as police reports, medical records, and accident reconstruction reports. By gathering compelling evidence, they can establish liability and strengthen your case.
How Do Lawyers Protect Legal Rights?
Car accident victims often face challenges in asserting their legal rights against insurance companies and at-fault parties. Having legal representation ensures that your rights are protected throughout the legal process. Your lawyer will handle all communications, negotiations, and legal proceedings on your behalf, advocating for your rights and interests every step of the way. They will ensure that you are treated fairly and that you receive the compensation you deserve for your injuries and losses.
Can Legal Counsel Negotiate With Insurance Companies?
Dealing with insurance companies can be intimidating, especially when you’re coping with the physical and emotional aftermath of a car accident. Insurance companies often try to minimize payouts or deny claims altogether to protect their bottom line. Our car accident lawyer will handle all communication and negotiations with insurance companies on your behalf. They will advocate for your rights, present evidence of liability and damages, and negotiate for a fair settlement that fully compensates you for your injuries, medical expenses, lost income, and pain and suffering. If the insurance company refuses to offer a fair settlement, your lawyer will be prepared to escalate the matter to litigation.
Will A Lawyer Carry Out Litigation And Court Representation?
If a fair settlement cannot be reached through negotiations, your car accident lawyer will not hesitate to pursue your case through litigation. They will file a lawsuit on your behalf, prepare legal pleadings and motions, conduct discovery, and represent you in court proceedings. Your lawyer will present persuasive arguments, cross-examine witnesses, and advocate for your rights at trial to secure the compensation you deserve.
What Constitutes Proof In A Car Accident Case?
Proof in a car accident case typically involves establishing the following elements: duty of care, breach of duty, causation, and damages. This requires demonstrating that the at-fault driver owed a duty of care to others on the road, failed to fulfill that duty through negligent or reckless behavior, directly caused the accident and resulting injuries, and led to quantifiable damages.
What Types Of Evidence Are Used To Prove Fault In A Car Accident Case?
Various types of evidence can be used to prove fault in a car accident case, including police reports, witness statements, photographs and videos of the accident scene, medical records, and specialist testimony.
How Do I Establish The Other Driver’s Negligence?
To establish the other driver’s negligence, you must demonstrate that they breached their duty of care by engaging in negligent or reckless behavior. This may include actions such as speeding, distracted driving, driving under the influence of alcohol or drugs, disobeying traffic laws, or failing to yield the right of way. Gathering evidence of these behaviors, such as eyewitness testimony, police reports, or cellphone records, can help support your claim of negligence.
What If The Other Driver Claims I Was Partially At Fault For The Accident?
If the other driver claims that you were partially at fault for the accident, this may impact your ability to recover compensation under comparative negligence laws. In states with comparative negligence laws, damages are apportioned based on each party’s percentage of fault. However, even if you were partially at fault for the accident, you may still be entitled to recover damages, albeit in a reduced amount proportional to your degree of fault.
Do I Need To Hire An Attorney To Prove Fault In A Car Accident Case?
While it’s possible to handle a car accident case without legal representation, hiring an experienced car accident attorney can significantly enhance your chances of success. An attorney can assist you in gathering evidence, navigating the legal process, negotiating with insurance companies, and advocating for your rights in court if necessary. Additionally, an attorney can provide valuable guidance and support throughout the entire claims process, ensuring that you receive fair and just compensation for your damages.
Car Accident Glossary
When you’re involved in a car accident, understanding the legal process is crucial to moving forward with a claim. Our Tarzana, CA car accident lawyer, is here to provide clear guidance and support during this challenging time. Below, we’ve outlined key terms that will help you better understand the legal terminology commonly associated with car accident claims.
Contingency Fee
A contingency fee is a payment arrangement frequently used in personal injury cases, including car accidents. With this structure, clients don’t need to pay any upfront fees. Instead, the attorney’s fee is a set percentage of the total compensation awarded if the case is won. This can provide significant financial relief for clients who may otherwise struggle to pay legal fees after an accident. The advantage of a contingency fee is that if the case doesn’t result in compensation, clients generally owe nothing to their attorney, which creates an accessible path for individuals seeking justice and compensation without the risk of additional financial strain.
Statute Of Limitations
The statute of limitations refers to the time limit imposed by law for filing a lawsuit after an accident occurs. In California, the statute of limitations for personal injury cases, including car accidents, is usually two years from the date of the accident. If a claim is not filed within this time frame, the right to pursue legal action may be forfeited. It’s important to act within this period to protect your legal rights. For minors involved in car accidents, the statute of limitations may be extended, allowing more time for them or their representatives to file a claim. This time limit makes it essential to consult with a car accident attorney as soon as possible to avoid any risks to your claim.
Duty Of Care
Duty of care is a legal term that defines the responsibility of an individual or entity to avoid actions that could harm others. For drivers, this means operating their vehicle in a safe and responsible manner. When a driver neglects this duty by speeding, driving under the influence, or failing to follow traffic rules, it may lead to an accident and potential legal liability. In the context of a car accident claim, proving that a party failed to meet their duty of care can be critical to establishing fault. This failure, or breach, can directly impact the liable party’s obligation to compensate those injured as a result of their actions.
Comparative Negligence
Comparative negligence is a concept that assigns a percentage of fault to each party involved in an accident. In California, which follows a “pure” comparative negligence rule, the amount of compensation someone can receive is adjusted based on their degree of fault in the accident. For example, if a driver is found to be 20% at fault for an accident, they may still recover 80% of the damages awarded. This approach allows individuals to seek compensation even if they share some responsibility for the accident. Comparative negligence emphasizes that, while fault may be shared, individuals still have the right to pursue financial recovery in proportion to their level of liability.
Liability
Liability is the legal term for being responsible for an accident or injury. In the case of a car accident, liability typically falls on the person who is found to be at fault for causing the accident. The liable party may be required to compensate the injured parties for various damages, such as medical expenses, lost income due to missed work, and pain and suffering. Establishing liability often involves gathering evidence to show that the at-fault party failed in their duty of care and that this failure directly resulted in the accident and subsequent injuries. Proving liability is a fundamental aspect of any personal injury case, as it determines who will be financially responsible for covering the associated costs and losses.
If you have further questions about these terms or need legal assistance with a car accident case, reach out to us. Barry P. Goldberg and our team are here to help you understand your rights and options.
Contact us today to discuss your case and learn how we can assist you in pursuing the compensation you deserve.
Contact Our Tarzana Car Accident Lawyer Today
Proving fault in a car accident case requires thorough investigation, diligent preparation, and persuasive presentation of evidence. By understanding the elements of proof, gathering relevant evidence, and seeking legal assistance when needed, you can effectively establish liability and recover compensation for your injuries and losses. Attorney Goldberg has handled hundreds of successful arbitrations and mediations, so see what he can do for you. If you have any further questions or require assistance with your car accident case, don’t hesitate to consult with a qualified Tarzana, CA car accident lawyer from Barry P. Goldberg for personalized guidance and support.