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.
What Is Personal Injury?
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:
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 known as damages, and some examples are:
Are There Time Limits to File a Personal Injury Lawsuit?
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.
How Can the Personal Injury Lawyers 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 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.
Contact Drake Law Firm so I can answer any questions you may have and let you know what I can do to help. If you’re unable to visit our firm, we can come to your home or hospital room.