Burbank Personal Injury Attorney

If you've been injured due to another person's negligence, you have the right to demand financial compensation for the losses you've suffered. But seeking a personal injury lawsuit is no simple task. Defendants and their insurance companies are backed by armies of attorneys ready to defend their clients. Who's looking out for you?

At Drake Law Firm, we defend personal injury victims. Where possible, we settle cases out of court so our clients can get back to their lives. If needed, however, we assemble a litigation strategy and take the case to court. Either way, we stand by our clients from beginning to end so they can concentrate on getting better.

What Is Personal Injury?

The essence of a personal injury claim is negligence. When another individual, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is often physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that implies failure to exercise a proper degree of care under the circumstances. Another way of putting it is failing to behave as a reasonably prudent person would. Negligence can be displayed through someone's actions (like speeding or driving drunk) or through an exclusion (such as failing to remove a known risk from one's business property).

To win a personal injury case, the victim must prove that the offender was negligent. There are four particular components that are required under California law:

• Duty of care. The offender must have owed a duty of care to the plaintiff. In some cases a duty emerges out of a personal relationship between the individuals, such as doctor and patient. However this isn't always required. For instance, when you drive on a freeway, you owe a duty to other motorists not to be careless.
• Breach. Next, the plaintiff needs to demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or omissions are exposed. It also covers situations where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is generally the most contested part of a personal injury lawsuit.
• Causation. The offender's breach has to actually cause injury to the plaintiff. If the offender acted negligently but didn't hurt the plaintiff, this aspect fails.
• Damages. These are the losses for which the plaintiff will pursue financial compensation. A few of the most common damages are medical costs, lost wages, lost earning capacity, and pain and suffering. The nature and quantity of damages are hotly disputed in most personal injury cases.

Possible Damages In a Personal Injury Case

The objective of a personal injury claim is to make the plaintiff whole through financial compensation. This compensation is known as damages, and some examples are:

• Medical costs. This broad category can include everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to help with a victim's daily activities.
• Lost income. While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, possibly significant amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity. Your occupational prospects may be cut short or drastically restricted after a personal injury. An expert witness can help approximate the future earnings you will lose out on as a result.
• Pain and suffering. These damages account for the pain and emotional trauma you will likely experience for some time to come. Although difficult to quantify, they are essential to catastrophic injury cases.
• Loss of pleasure in everyday life. It may not be possible to appreciate your normal day-to-day activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
• Loss of consortium. This category refers to the deprivation of the benefits of a family relationship. It includes the loss of support, society, friendship, and sexual relationship between spouses caused by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are meant to penalize the wrongful party and deter others from participating in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to sue a negligent party will not last forever. In California, personal injury cases are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to submit their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury occurs.

However, it's ideal not to procrastinate taking action on your case. Witnesses' memories can diminish over time, evidence will be harder to obtain, and you could forget vital details if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Burbank personal injury lawyer.

How Can the Personal Injury Attorneys of Drake Law Firm Assist Me?

Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the offender's legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need an attorney that not only understands California personal injury legislation, but knows how to determine a reasonable value for your case.

At Drake Law Firm, we've assisted numerous personal injury clients get the compensation they need to recover. We won't accept unreasonable offers and will stand by you from beginning to end. Give us a call or fill out the contact form today to get started on your claim.

At Drake Law Firm, we've assisted numerous personal injury clients to get the compensation they require to recover. We won't let you accept unfair treatment from other law firms and we will defend you from beginning to end. If you need help with a Personal Injury Attorney in Burbank, California, give us a call at (844) 513-7253 for a FREE consultation or visit our website at DrakeLawGroup.com to get started on your case today!