Law Offices of Tim D. Wright - Personal Injury Law Firm

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 pursuing a personal injury claim is no easy task. Defendants and their insurance companies are backed by armies of attorneys ready to defend their clients. Who's looking out for you?

At Tim D. Wright, 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 put together a litigation strategy and take the case to trial. Either way, 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, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is typically physical, but it can also be psychological or emotional too.

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

To win a personal injury case, the victim has to show that the offender was negligent. There are four particular components that are required under California legislation:

• Duty of care-- The offender must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the individuals, such as doctor and patient. However this isn't always required. For instance, when you drive on a freeway, you owe a duty to other motorists not to be careless.
• Breach-- Next, the plaintiff needs to demonstrate that the defendant breached the duty of care. This is where the offender's negligent acts and/or omissions are brought out. It also covers circumstances where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is typically the most contested part of a personal injury lawsuit.
• Causation-- The offender's breach needs to really cause injury to the plaintiff. If the defendant 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 quantity of damages are fiercely contested in the majority of personal injury cases.

Potential Damages in a Personal Injury Lawsuit

The objective of a personal injury claim is to make the plaintiff whole via 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 special 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 considerable 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 severely restricted after a personal injury. An expert witness can help approximate the future earnings you will miss out on as a result.
• Pain and suffering-- These damages account for the pain and psychological trauma you will likely experience for some time to come. Although difficult to quantify, they are essential to catastrophic injury cases.
• Loss of enjoyment of everyday life-- It might not be possible to appreciate your typical 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 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 meant to penalize the wrongful party and deter others from participating in similar conduct.

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 submit 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 takes place.

However, it's ideal not to delay taking action on your case. Witnesses' memories can fade with time, proof will be more difficult to obtain, and you could fail to remember crucial information if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Burbank personal injury lawyer.

How Can the Personal Injury Attorneys of Tim D. Wright Assist Me?

Suing a defendant usually means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the defendant's lawyers pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You want a lawyer who not only knows California personal injury legislation, but knows how to establish a fair value for your claim.

At Tim D. Wright, we've assisted numerous personal injury clients obtain the compensation they require to recuperate. We will not accept unjust offers and will defend you from start to finish. Give us a call or complete the contact form today to get started on your case.

For a Free Consultation, give us a call at (323) 379-9995 or visit our website: TimWrightLaw.com and get the settlement you deserved today!