If you've been injured due to someone else's negligence, you have the right to demand financial compensation for the losses you've endured. But pursuing a personal injury claim is no easy task. Defendants and their insurance providers are backed by armies of attorneys prepared to protect their clients. Who's looking out for you?

At Drake Law Firm, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can return 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 start to finish so they can focus on recovering.

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 typically physical, but it can also be psychological or emotional as well.

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

To win a personal injury case, the victim needs to prove that the offender was negligent. There are four specific elements that are required under California legislation:

• Duty of care– The defendant must have owed a duty of care to the plaintiff. Sometimes a duty emerges out of a personal relationship between the parties, such as physician and patient. But this isn't always required. For example, when you drive on a highway, you owe a duty to other drivers not to be careless.
• Breach– Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the offender'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 disputed part of a personal injury claim.
• Causation– The offender's breach has to really result in 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 pursue financial compensation. A few of the most common damages are medical expenses, lost wages, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are hotly disputed in most personal injury cases.

Possible Damages in a Personal Injury Claim

The goal 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 expenses– This broad category can include everything from hospital bills and prescription drugs to physical therapy and unique adaptive equipment to help with a victim's day-to-day 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 award you damages to cover this lost income.
• Lost earning capacity– Your career prospects may be cut short or severely restricted after a personal injury. An expert witness can help estimate the future income 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 hard to quantify, they are essential to catastrophic injury cases.
• Loss of pleasure of day-to-day life– It might 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 assistance, community, friendship, and sexual relationship between partners brought on 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 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 sets a deadline for plaintiffs to file their lawsuits 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 ideal not to delay taking action on your case. Witnesses' memories can diminish over time, evidence will be more difficult to obtain, and you might forget vital details if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Encino personal injury attorney.

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

Suing a defendant usually means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the defendant's legal representatives pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You need an attorney that not only understands California personal injury law, but understands how to determine a reasonable value for your claim.

At Drake Law Firm, we've helped numerous personal injury clients get the compensation they need to recover. We will not accept unjust offers and will defend you from start to finish. Give us a call or fill out the contact form today to get started on your case.