Reseda Personal Injury Law Firm

If you've been injured because of someone else's negligence, you have the right to demand financial compensation for the losses you've suffered. But pursuing a personal injury lawsuit is no simple task. Defendants and their insurance companies 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 settle cases out of court so our clients can return to their lives. If needed, however, we assemble a litigation strategy and take the case to court. In either case, 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 claim is negligence. When another individual, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is often physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that indicates failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failing to behave as a reasonably prudent person would. Negligence can be demonstrated through someone's actions (like speeding or driving intoxicated) 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 must show that the defendant was negligent. There are four particular components that are required under California law:

• Duty of care– The offender must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the parties, such as physician and patient. But this isn't always required. For example, 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 offender breached the duty of care. This is where the defendant's negligent acts and/or omissions are highlighted. It also covers circumstances where the at-fault party breaks a law or engages in intentional wrongdoing. Breach is typically the most contested part of a personal injury claim.
• Causation– The offender's breach needs to actually cause injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this aspect fails.
• Damages– These are the losses for which the plaintiff will demand financial compensation. A few of the most common damages are medical costs, lost wages, lost earning capacity, and pain and suffering. The nature and amount of damages are fiercely contested in most personal injury cases.

Potential Damages In a Personal Injury Case

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 expenses– This broad category can consist of everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to assist with a victim's daily activities.
• Lost wages– While you recover 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 grant you damages to cover this lost income.
• Lost earning capacity– Your career prospects might be cut short or severely restricted after a personal injury. An expert witness can help estimate 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 measure, they are essential to catastrophic injury cases.
• Loss of enjoyment of everyday life– It may not be possible to appreciate your regular 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 support, community, companionship, and sexual relationship between spouses brought on by the injury.
• Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are intended to punish the wrongful party and discourage others from engaging 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 cases 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 starts to run when the injury takes place.

However, it's ideal not to procrastinate taking action on your claim. Witnesses' memories can diminish over 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 Reseda 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 offender's lawyers pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You need an attorney who not only understands California personal injury law, but knows how to establish a reasonable value for your case.

At Drake Law Firm, we've assisted numerous personal injury clients obtain the compensation they need to recuperate. We will not accept unfair deals and will stand by you from start to finish. Give us a call or complete the contact form today to get started on your case.

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 Reseda, 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! 

‍