Calabasas Personal Injury Law Firm

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, pursuing a personal injury claim is no simple task. Offenders and their insurance providers are backed by armies of attorneys prepared 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 needed, however, we put together a litigation strategy and take the case to court. Either way, we stand by our clients from beginning to end so they can concentrate on getting better.

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 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 level of care under the circumstances. Another way of putting it is failing to behave as a reasonably sensible person would. Negligence can be demonstrated through someone's actions (like speeding or driving drunk) or through an exclusion (such as failing to remove a known risk from one's company property).

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

• 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 doctor and patient. But this isn't always necessary. For example, when you drive on a highway, you owe a duty to other motorists not to be careless.
• Breach– Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or omissions are brought out. 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 lawsuit.
• Causation– The offender's breach has to actually cause injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this component fails.
• Damages– These are the losses for which the plaintiff will demand financial compensation. Some 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 the majority of personal injury cases.

Potential Damages In a Personal Injury Lawsuit

The objective 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 expenses– This broad category can include 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, 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 limited after a personal injury. An expert witness can help approximate the future earnings 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 necessary to catastrophic injury cases.
• Loss of pleasure of day-to-day life– It may not be possible to enjoy your typical day-to-day activities, hobbies, and other passions 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 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 engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to take legal action against 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 delay taking action on your case. Witnesses' memories can diminish over time, proof will be harder to obtain, and you might forget vital information if you wait too long. If you or a loved one have been injured, reach out to a committed Calabasas personal injury lawyer.

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 attorneys 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 fair value for your case.

At Drake Law Firm, we've assisted countless personal injury clients obtain the compensation they need to recuperate. We won't accept unreasonable deals 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.