Encino Personal Injury Lawyer

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 suffered. But seeking a personal injury claim is no easy task. Defendants and their insurance providers 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 get back 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 start to finish so they can focus on getting better.

¿Qué son los daños personales?

The essence of a personal injury claim is negligence. When another person, business, or even a governmental agency acts irresponsibly, others can get hurt. The injury is typically physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that means failure to exercise a proper degree of care under the circumstances. Another way of putting it is failing to behave as a reasonably sensible person would. Negligence can be demonstrated through a person's actions (like speeding or driving drunk) or through an omission (such as failing to eliminate a known risk from one's business property).

To win a personal injury case, the victim has to 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. Sometimes a duty arises out of a personal relationship between the individuals, such as physician and patient. But this isn't always necessary. For example, when you drive on a highway, you owe a duty to other drivers not to be careless.
• Breach. Next, the plaintiff needs to show 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 deliberate wrongdoing. Breach is generally the most disputed part of a personal injury claim.
• Causation. The defendant's breach has to really cause injury to the plaintiff. If the offender acted negligently but didn't hurt the plaintiff, this component fails.
• Damages. These are the losses for which the plaintiff will pursue 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 amount of damages are fiercely disputed in most personal injury cases.

Posibles daños y perjuicios en un caso de lesiones personales

The objective of a personal injury lawsuit 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 drugs to physical therapy and special adaptive equipment to help with a victim's day-to-day 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 career prospects may be cut short or significantly limited after a personal injury. An expert witness can help approximate the future earnings you will lose 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 hard to measure, they are vital to catastrophic injury cases.
• Loss of enjoyment of everyday life. It might not be possible to appreciate your regular 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 assistance, society, friendship, and sexual relationship between partners caused by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are intended to penalize the wrongful party and discourage others from engaging in similar conduct.

¿Existen plazos para presentar una demanda por daños personales?

Your right to file a claim against a negligent party will not last forever. In California, personal injury cases 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 starts to run when the injury takes place.

However, it's best not to procrastinate taking action on your case. Witnesses' memories can fade over time, proof will be more difficult to obtain, and you might forget crucial details if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Encino 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 near to covering your losses. You need a lawyer that not only understands California personal injury law, but understands 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 Lawyer in Encino, 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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