If you've been injured because of someone else's negligence, you have the right to ask for financial compensation for the losses you've endured. However, pursuing a personal injury lawsuit is no easy task. Defendants and their insurers 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 assemble 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 recovering.

What Is Personal Injury?

The essence of a personal injury claim is negligence. When another individual, 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 means failure to exercise a proper level of care under the circumstances. Another way of putting it is failure to act as a reasonably prudent 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 hazard from one's business property).

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

• Duty of care– The offender must have owed a duty of care to the plaintiff. Occasionally a duty arises out of a personal relationship between the parties, such as physician and patient. However this isn't always necessary. For example, when you drive on a freeway, you owe a duty to other motorists not to be reckless.
• Breach– Next, the plaintiff must show that the offender breached the duty of care. This is where the defendant's negligent acts and/or exclusions are highlighted. It also covers circumstances where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is typically the most contested part of a personal injury lawsuit.
• Causation– The offender's breach needs to actually cause injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this element 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 wages, lost earning capacity, and pain and suffering. The nature and amount of damages are hotly contested in the majority of 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 known as damages, and some examples are:

• Medical costs– This broad category can consist of everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to help with a victim's daily activities.
• Lost income– 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 might be cut short or severely limited after a personal injury. An expert witness can help approximate the future income you will miss 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 difficult to measure, they are necessary for catastrophic injury cases.
• Loss of pleasure of day-to-day life– It might not be possible to enjoy your normal daily 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, 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 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 take legal action against a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This sets 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 begins to run when the injury occurs.

However, it's best not to delay taking action on your claim. Witnesses' memories can diminish over time, proof will be harder to obtain, and you could forget crucial details if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Woodland Hills 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 an automobile insurer. Regardless, you can count on the defendant's lawyers pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need a lawyer who not only understands California personal injury law, but knows how to establish a fair value for your claim.

At Drake Law Firm, we've helped countless personal injury clients obtain the compensation they need to recover. We will not accept unfair offers and will defend you from beginning to end. Give us a call or complete the contact form today to get started on your claim.