Reseda Personal Injury Attorney

If you've been injured because of someone else's negligence, you have the right to demand financial compensation for the losses you've endured. However, pursuing a personal injury lawsuit is no simple task. Offenders and their insurance companies are backed by armies of lawyers prepared to protect their clients. Who's looking out for you?

At Drake Law Firm, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can return to their lives. If necessary, however, we put together a litigation strategy and take the case to court. Either way, we defend 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 person, company, 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 suggests failure to exercise a proper level of care under the circumstances. Another way of putting it is failing to behave as a reasonably prudent individual would. Negligence can be demonstrated through someone's actions (like speeding or driving intoxicated) 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 must prove that the offender was negligent. There are four specific elements that are required under California law:

• Duty of care– The defendant must have owed a duty of care to the plaintiff. Occasionally 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 drivers not to be reckless.
• Breach– Next, the plaintiff must 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 situations where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is generally the most contested part of a personal injury lawsuit.
• Causation– The defendant's breach needs to really result in 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 expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are hotly disputed in most personal injury cases.

Possible Damages In a Personal Injury Claim

The objective of a personal injury lawsuit 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 drugs to physical therapy and special adaptive equipment to assist 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, possibly significant amounts of money. You can ask a court to award you damages to cover this lost income.
• Lost earning capacity– Your occupational prospects may be cut short or severely limited 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 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 day-to-day life– It may not be possible to enjoy your regular everyday activities, hobbies, and other interests 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 assistance, society, friendship, and sexual relationship between partners 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 Claim?

Your right to file a claim against 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 file 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 takes place.

However, it's ideal not to delay taking action on your claim. Witnesses' memories can diminish over time, proof will be harder 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 dedicated Reseda personal injury attorney.

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

Suing a defendant usually 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 close to covering your losses. You need an attorney who not only knows California personal injury legislation, but knows how to establish a reasonable value for 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 a 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! 

‍