Thousand 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. However, seeking a personal injury claim is no simple task. Defendants and their insurance providers are backed by armies of lawyers prepared to protect 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 return to their lives. If necessary, 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 recovering.

What Is Personal Injury?

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

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

• Duty of care– The offender must have owed a duty of care to the plaintiff. Occasionally a duty emerges out of a personal relationship between the individuals, such as physician and patient. However this isn't always necessary. 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 demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or exclusions are brought out. It also covers situations where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is usually the most disputed part of a personal injury lawsuit.
• Causation– The offender's breach has 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. A few of the most common damages are medical costs, lost income, lost earning capacity, as well as pain and suffering. The nature and amount of damages are hotly contested in the majority of personal injury cases.

Possible Damages In a Personal Injury Case

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 consist of everything from hospital bills and prescription drugs to physical therapy and special adaptive equipment to assist with a victim's day-to-day tasks.
• Lost wages– While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant amounts of money. You can ask a court to award you damages to cover this lost income.
• Lost earning capacity– Your occupational prospects may be cut short or significantly limited 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 psychological trauma you will likely experience for some time to come. Although hard to quantify, they are necessary to catastrophic injury cases.
• Loss of pleasure of day-to-day life– It might not be possible to appreciate your normal 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 meant to punish 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 submit 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 starts to run when the injury occurs.

However, it's ideal not to procrastinate taking action on your claim. Witnesses' memories can fade with time, evidence 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 committed Thousand Oaks personal injury attorney.

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

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

At Drake Law Firm, we've assisted numerous personal injury clients get the compensation they require to recover. We won't accept unfair 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.