Calabasas Personal Injury Attorney

If you've been injured due to another person's negligence, you have the right to ask for financial compensation for the losses you've endured. However, pursuing a personal injury claim is no easy task. Defendants and their insurance providers are backed by armies of lawyers 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 defend our clients from start to finish so they can concentrate on getting better.

What Is Personal Injury?

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

"Negligence" is a legal term that means failure to exercise a proper degree of care under the circumstances. Another way of putting it is failure to behave as a reasonably sensible individual would. Negligence can be demonstrated through a person's actions (like speeding or driving intoxicated) or through an exclusion (such as failing to eliminate a known risk from one's company property).

To win a personal injury case, the victim must prove that the defendant was negligent. There are four specific components that are required under California legislation:

• Duty of care– The defendant must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the parties, such as doctor and patient. But this isn't always required. For instance, when you drive on a freeway, you owe a duty to other drivers not to be reckless.
• Breach– Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or omissions are brought out. It also covers circumstances where the at-fault party breaks a law or engages in intentional wrongdoing. Breach is usually the most contested part of a personal injury lawsuit.
• Causation– The offender's breach needs to really cause injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this component fails.
• Damages– These are the losses for which the plaintiff will demand financial compensation. Some of the most common damages are medical costs, lost wages, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are fiercely contested in most personal injury cases.

Potential Damages In a Personal Injury Case

The objective of a personal injury lawsuit 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 drugs to physical therapy and special adaptive equipment to help with a victim's daily tasks.
• Lost wages– While you recover 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 award you damages to cover this lost income.
• Lost earning capacity– Your occupational prospects might be cut short or drastically restricted after a personal injury. An expert witness can help estimate the future income you will miss out on as a result.
• Pain and suffering– These damages account for the pain and psychological stress you will likely experience for some time to come. Although hard to measure, they are essential to catastrophic injury cases.
• Loss of pleasure in everyday life– It might not be possible to appreciate your typical everyday 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, community, friendship, and sexual relationship between spouses brought on by the injury.
• Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are intended to penalize the wrongful party and discourage others from participating in similar conduct.

Are There Time Limits to File a Personal Injury Lawsuit?

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 file 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 begins to run when the injury takes place.

However, it's best not to delay taking action on your claim. Witnesses' memories can diminish with time, proof will be harder to obtain, and you might forget crucial details if you wait too long. If you or a loved one have been injured, reach out to a dedicated Calabasas personal injury lawyer.

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

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

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

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 Personal Injury in Calabasas, 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! 

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