Sherman Oaks 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 pursuing a personal injury claim is no simple task. Defendants and their insurance providers 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 resolve cases out of court so our clients can return to their lives. If necessary, however, we assemble a litigation strategy and take the case to trial. In either case, we defend 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 individual, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is usually physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that implies failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failing to behave 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 remove a known hazard from one's business property).

To win a personal injury case, the victim must show that the offender was negligent. There are four particular elements that are required under California legislation:

• Duty of care– The defendant 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. However this isn't always necessary. For example, when you drive on a freeway, you owe a duty to other motorists not to be reckless.
• Breach– Next, the plaintiff must demonstrate 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 engages in deliberate wrongdoing. Breach is usually the most disputed part of a personal injury case.
• 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 component fails.
• Damages– These are the losses for which the plaintiff will pursue financial compensation. Some of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and amount of damages are fiercely disputed in the majority of personal injury cases.

Potential Damages In a Personal Injury Claim

The goal of a personal injury claim is to make the plaintiff whole via financial compensation. This compensation is referred to 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 day-to-day activities.
• Lost income– While you recover or are hospitalized for your injuries, you will lose time from work and, with it, possibly considerable amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity– Your career prospects may be cut short or significantly restricted after a personal injury. An expert witness can help approximate the future income 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 quantify, they are necessary to catastrophic injury cases.
• Loss of enjoyment of day-to-day life– It may not be possible to appreciate your regular 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 caused 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 take legal action against a negligent party will not last forever. In California, personal injury claims 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 begins to run when the injury occurs.

However, it's ideal not to procrastinate taking action on your claim. Witnesses' memories can fade over time, proof will be more difficult to obtain, and you could forget vital details if you wait too long. If you or a loved one have been injured, reach out to a dedicated Sherman Oaks 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 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 that not only knows California personal injury legislation, but understands how to determine a reasonable value for your case.

At Drake Law Firm, we've helped countless personal injury clients get the compensation they need to recover. We won't accept unreasonable 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 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 Personal Injury in Sherman Oaks, 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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