Studio City 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 suffered. But pursuing a personal injury claim is no simple task. Defendants and their insurance providers are backed by armies of attorneys ready to protect their clients. Who's looking out for you?

At Drake Law Firm, we defend personal injury victims. Where possible, we resolve cases out of court so our clients can get back to their lives. If needed, however, we put together 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 person, company, or even a governmental agency acts irresponsibly, others can get injured. The injury is typically physical, but it can also be psychological or emotional too.

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

To win a personal injury case, the victim has to show that the defendant was negligent. There are four specific elements that are required under California law:

• Duty of care– The defendant must have owed a duty of care to the plaintiff. Occasionally a duty emerges out of a personal relationship between the parties, such as doctor and patient. However this isn't always necessary. For instance, when you drive on a freeway, you owe a duty to other drivers not to be careless.
• Breach– Next, the plaintiff needs to show that the offender breached the duty of care. This is where the defendant's negligent acts and/or exclusions are exposed. It also covers circumstances where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is generally the most contested part of a personal injury case.
• Causation– The offender's breach has to actually result in injury to the plaintiff. If the defendant acted negligently but didn't harm the plaintiff, this element fails.
• Damages– These are the losses for which the plaintiff will demand financial compensation. A few of the most common damages are medical expenses, lost wages, lost earning capacity, and pain and suffering. The nature and quantity of damages are hotly disputed in most personal injury cases.

Potential 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 expenses– This broad category can include everything from hospital bills and prescription medications to physical therapy and special 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 award you damages to cover this lost income.
• Lost earning capacity– Your career prospects might be cut short or drastically limited 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 quantify, they are essential to catastrophic injury cases.
• Loss of pleasure of day-to-day life– It may not be possible to appreciate your normal 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 support, society, 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 discourage others from engaging 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 claims are subject to what's called a statute of limitations. This sets 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 starts to run when the injury takes place.

However, it's ideal not to delay taking action on your claim. Witnesses' memories can fade with time, proof will be harder to obtain, and you could forget critical information if you wait too long. If you or a loved one have been injured, reach out to a dedicated Studio City personal injury attorney.

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 lawyers pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You need a lawyer who not only knows California personal injury law, but understands how to establish a reasonable value for your claim.

At Drake Law Firm, we've assisted countless personal injury clients obtain 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 complete 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 Studio 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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