Panorama City Personal Injury Attorney

If you've been injured due to someone else'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 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 put together a litigation strategy and take the case to trial. In either case, we stand by our clients from start to finish so they can focus on getting better.

What Is Personal Injury?

The essence of a personal injury case 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 suggests failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failure to act as a reasonably sensible person would. Negligence can be demonstrated through someone's actions (like speeding or driving drunk) or through an omission (such as failing to remove a known risk from one's company property).

To win a personal injury case, the victim has to prove that the defendant was negligent. There are four specific 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 arises out of a personal relationship between the individuals, such as physician and patient. But this isn't always required. For instance, when you drive on a freeway, you owe a duty to other motorists not to be reckless.
• Breach– Next, the plaintiff needs to show that the defendant breached the duty of care. This is where the offender's negligent acts and/or omissions are exposed. It also covers circumstances where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is usually the most disputed part of a personal injury claim.
• Causation– The defendant's breach needs to actually cause injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this aspect fails.
• Damages– These are the losses for which the plaintiff will seek financial compensation. Some of the most common damages are medical expenses, lost wages, lost earning capacity, and pain and suffering. The nature and amount of damages are hotly disputed in the majority of personal injury cases.

Possible Damages In a Personal Injury Case

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

• Medical costs– This broad category can consist of everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to assist with a victim's daily activities.
• Lost wages– While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially considerable amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity– Your occupational prospects might be cut short or significantly limited 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 stress you will likely experience for some time to come. Although hard to measure, they are vital to catastrophic injury cases.
• Loss of pleasure in everyday life– It might not be possible to appreciate your regular daily 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, 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 discourage others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Lawsuit?

Your right to file a claim against 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 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 begins to run when the injury occurs.

However, it's best not to procrastinate taking action on your case. Witnesses' memories can diminish with time, evidence will be harder to obtain, and you might forget critical information if you wait too long. If you or a loved one have been injured, reach out to a dedicated Panorama City personal injury attorney.

How Can the Personal Injury Attorneys of Drake Law Firm Help 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 near to covering your losses. You need a lawyer who not only understands California personal injury law, but knows how to establish a fair value for your case.

At Drake Law Firm, we've assisted countless personal injury clients get the compensation they need to recover. We won't accept unjust offers and will defend 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 Panorama City, 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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