Topanga Personal Injury Attorney

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. But seeking a personal injury claim is no simple task. Offenders 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 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 defend our clients from start to finish so they can concentrate on recovering.

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 often physical, but it can also be psychological or emotional too.

"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 individual would. Negligence can be demonstrated through someone's actions (like speeding or driving intoxicated) or through an omission (such as failing to remove a known risk from one's company property).

To win a personal injury case, the victim needs to show 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 physician and patient. However this isn't always required. For instance, when you drive on a freeway, you owe a duty to other drivers not to be reckless.
• Breach– Next, the plaintiff needs to demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or exclusions are exposed. It also covers situations where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is typically the most contested part of a personal injury case.
• Causation– The offender's breach needs to really 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 pursue financial compensation. A few of the most common damages are medical costs, 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.

Potential Damages In a Personal Injury Claim

The objective of a personal injury claim is to make the plaintiff whole through 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 unique adaptive equipment to help with a victim's daily tasks.
• Lost income– 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 career prospects might be cut short or significantly restricted after a personal injury. An expert witness can help estimate the future income you will lose out on as a result.
• Pain and suffering– These damages account for the pain and emotional stress you will likely experience for some time to come. Although hard to quantify, they are essential to catastrophic injury cases.
• Loss of pleasure in 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, society, companionship, 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 meant 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 sue a negligent party will not last forever. In California, personal injury cases are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to file 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 ideal not to procrastinate taking action on your case. Witnesses' memories can fade with 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 injured, reach out to a committed Topanga personal injury attorney.

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 defendant's legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want an attorney who not only knows California personal injury law, but knows how to establish a fair value for your case.

At Drake Law Firm, we've assisted numerous personal injury clients get the compensation they need to recover. We won't accept unjust offers and will defend you from beginning to end. 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 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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