Topanga Personal Injury Law Firm

If you've been injured because of another person's negligence, you have the right to ask for financial compensation for the losses you've endured. However, seeking a personal injury lawsuit is no simple task. Offenders and their insurance companies are backed by armies of lawyers 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 necessary, however, we assemble a litigation strategy and take the case to trial. Either way, 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 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 failing to behave as a reasonably prudent person would. Negligence can be displayed through a person's actions (like speeding or driving drunk) or through an omission (such as failing to remove a known risk from one's business property).

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

• Duty of care– The defendant must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the parties, such as doctor and patient. But this isn't always necessary. For instance, when you drive on a highway, you owe a duty to other motorists not to be careless.
• Breach– Next, the plaintiff needs to demonstrate that the defendant breached the duty of care. This is where the offender's negligent acts and/or omissions are highlighted. 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 claim.
• Causation– The defendant's breach has to really result in 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 wages, lost earning capacity, and pain and suffering. The nature and quantity of damages are fiercely contested in most personal injury cases.

Possible Damages in a Personal Injury Lawsuit

The objective of a personal injury claim is to make the plaintiff whole via 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 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, 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 severely restricted 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 emotional trauma you will likely experience for some time to come. Although difficult to quantify, they are vital to catastrophic injury cases.
• Loss of pleasure of day-to-day life– It may not be possible to appreciate your normal 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 advantages of a family relationship. It includes the loss of support, society, friendship, and sexual relationship between partners caused 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 participating in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to file a claim 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 begins to run when the injury occurs.

However, it's best not to delay taking action on your case. Witnesses' memories can diminish with time, evidence will be more difficult to obtain, and you could fail to remember vital information if you wait too long. If you or a loved one have been injured, reach out to a committed Topanga personal injury lawyer.

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

Suing a defendant usually 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 near to covering your losses. You need an attorney who not only understands California personal injury legislation, but knows how to establish a fair value for your claim.

At Drake Law Firm, we've assisted countless personal injury clients obtain the compensation they need to recover. We will not accept unreasonable deals and will defend you from beginning to end. 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 Topanga, 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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