Burbank Personal Injury Law Firm

If you've been injured due to another person's negligence, you have the right to demand financial compensation for the losses you've suffered. But seeking a personal injury claim is no easy task. Offenders 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 resolve 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. In either case, we defend our clients from beginning to end 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 usually physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that implies failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failure to act as a reasonably sensible individual would. Negligence can be displayed through a person's actions (like speeding or driving intoxicated) 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 specific components that are required under California legislation:

• Duty of care. The defendant must have owed a duty of care to the plaintiff. Occasionally a duty emerges out of a personal relationship between the parties, such as doctor and patient. However 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 needs to demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or exclusions are brought out. It also covers situations where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is generally the most disputed part of a personal injury case.
• Causation. The offender's breach has to actually 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. Some 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.

Possible Damages In a Personal Injury Case

The goal 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 consist of everything from hospital bills and prescription medications 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 considerable 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 limited 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 essential to catastrophic injury cases.
• Loss of enjoyment of day-to-day life. It might not be possible to appreciate your typical daily 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, community, companionship, and sexual relationship between spouses 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 participating 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 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 delay taking action on your claim. Witnesses' memories can fade with time, proof will be more difficult to obtain, and you might forget critical information if you wait too long. If you or a loved one have been injured, reach out to a committed Burbank personal injury attorney.

How Can the Personal Injury Lawyers at Drake Law Firm Assist Me?

Suing a defendant almost always means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the defendant's attorneys pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You want an attorney that not only knows California personal injury legislation, but understands how to determine a fair value for your case.

At Drake Law Firm, we've helped numerous personal injury clients obtain the compensation they require to recover. We won't accept unfair deals and will stand by you from beginning to end. Give us a call or fill out 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 a Personal Injury Law Firm in Burbank, 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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