Van Nuys Personal Injury Law Firm

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 seeking a personal injury claim is no easy task. Defendants and their insurance providers are backed by armies of lawyers prepared to defend 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 trial. In either case, we stand by our clients from beginning to end so they can focus 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 hurt. The injury is usually physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that indicates failure to exercise a proper degree of care under the circumstances. Another way of putting it is failure to act as a reasonably prudent person would. Negligence can be displayed through someone's actions (like speeding or driving drunk) or through an exclusion (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 offender 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 emerges out of a personal relationship between the parties, such as doctor and patient. But this isn't always required. For example, when you drive on a highway, you owe a duty to other motorists not to be reckless.
• Breach– Next, the plaintiff must 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 typically the most disputed part of a personal injury lawsuit.
• Causation– The defendant's breach needs to actually result in injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this element fails.
• Damages– These are the losses for which the plaintiff will demand financial compensation. Some of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are fiercely contested in most personal injury cases.

Potential 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 referred to as damages, and some examples are:

• Medical costs– This broad category can consist of everything from hospital bills and prescription drugs to physical therapy and unique adaptive equipment to help with a victim's daily tasks.
• 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 drastically 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 measure, they are vital to catastrophic injury cases.
• Loss of enjoyment of everyday life– It might not be possible to appreciate your typical everyday 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, society, friendship, 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 deter others from engaging 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 claims 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 occurs.

However, it's ideal not to procrastinate taking action on your claim. Witnesses' memories can fade over time, proof will be more difficult to obtain, and you might fail to remember critical details if you wait too long. If you or a loved one have been hurt, reach out to a committed Van Nuys personal injury lawyer.

How Can the Personal Injury Lawyers 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 legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need a lawyer who not only knows California personal injury legislation, but knows how to establish a reasonable value for 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 Van Nuys, 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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