If you've been injured due to someone else's negligence, you have the right to ask for financial compensation for the losses you've endured. But seeking a personal injury lawsuit is no simple task. Defendants and their insurance companies are backed by armies of attorneys prepared to protect their clients. Who's looking out for you?

At Drake Law Firm, we defend 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. In either case, we defend our clients from beginning to end so they can focus on recovering.

¿Qué son los daños personales?

The essence of a personal injury case is negligence. When another person, 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 suggests failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failure to behave as a reasonably sensible individual would. Negligence can be displayed through someone's actions (like speeding or driving drunk) or through an omission (such as failing to remove a known hazard from one's business property).

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

• Duty of care– The defendant must have owed a duty of care to the plaintiff. In some cases a duty arises out of a personal relationship between the parties, such as doctor and patient. But this isn't always required. For instance, when you drive on a highway, you owe a duty to other motorists not to be careless.
• Breach– Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the offender's negligent acts and/or exclusions are brought out. It also covers circumstances where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is usually the most disputed part of a personal injury claim.
• Causation– The defendant's breach has to actually result in injury to the plaintiff. If the defendant acted negligently but didn't harm the plaintiff, this aspect fails.
• Damages– These are the losses for which the plaintiff will demand financial compensation. Some of the most common damages are medical costs, lost wages, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are fiercely disputed in most personal injury cases.

Possible Damages in a Personal Injury Case

The objective of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is referred to as damages, and some examples are:

• Medical expenses– 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 activities.
• 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 significantly restricted 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 emotional stress 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 may 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 advantages of a family relationship. It includes the loss of support, community, friendship, and sexual relationship between spouses brought on by the injury.
• Daños y perjuicios punitivos (ejemplares) - En raras ocasiones, la parte culpable puede ser objeto de daños y perjuicios punitivos. Su objetivo es penalizar a la parte culpable y disuadir a otros de participar en una conducta similar.

¿Existen plazos para presentar una demanda por lesiones personales?

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 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 takes place.

However, it's best not to delay taking action on your claim. Witnesses' memories can fade with time, proof will be harder to obtain, and you could fail to remember vital details if you wait too long. If you or a loved one have been hurt, reach out to a committed Thousand Oaks personal injury attorney.

¿Cómo pueden ayudarme los abogados de lesiones personales del bufete Drake?

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 want an attorney who not only knows California personal injury legislation, but understands how to determine a fair value for your claim.

At Drake Law Firm, we've assisted countless personal injury clients obtain the compensation they require to recuperate. We will not accept unreasonable deals and will defend you from start to finish. Give us a call or fill out the contact form today to get started on your case.