Personal Injury

It takes a split of a second for a serious accident to occur, but the resulting pain and emotional distress can last for months or even years. Some victims never make a full recovery. Beyond the physical and psychological trauma, the cost of medical care and lost income can threaten the financial future of the entire family. Our attorneys understand the adversity you are facing, and we are ready to help you fight for the compensation you need to get your life back.

We have represented thousands of clients in a wide array of personal injury and wrongful death cases. Our track record of success speaks for itself from the millions of dollars recovered for clients. Insurance companies throughout California know that we never settle for anything less than our clients deserve, and we are not afraid to go to trial if they refuse to cooperate.

We offer free consultations and accept cases on a contingency fee basis.

Types of Claims our Los Angeles Personal Injury Attorneys Handle:

  • Driving Under Influence (DUI) accidents
  • Distracted driving accidents
  • Motorcycle Collisions
  • Semi-Truck Accidents
  • Car Accidents
  • Scooter Injuries
  • Bike Accidents
  • Turo Vehicle Accidents
  • Boat Accidents
  • Airplane & Other Aircraft Accidents
  • Public, Tour, & Other Bus Accidents
  • Pedestrian Injuries
  • Brain Injuries
  • Spinal Cord Injuries
  • Premises Liability
  • Slip and Fall Accidents
  • Train Accidents
  • Ride-share Vehicle Accidents
  • Accidents resulting in Wrongful Death
  • Other Personal Injuries

How Can I Strengthen My Personal Injury Case?

Many people assume that filing a personal injury claim is a fairly straightforward process. Unfortunately, this is far from true. A dispute can arise at any moment of the proceedings and derail your entire case. Even if you have strong evidence to prove fault, there’s no guarantee that the insurance company will cooperate and pay a fair settlement.

It’s wise to prepare for all eventualities by taking steps to strengthen your claim such as:

  • Undergoing an Immediate Medical Evaluation: Your first step is to seek medical attention. No matter how minor your injury seems, getting an evaluation right away is essential if you intend to file a personal injury claim. Without official documentation of your injury and symptoms, it will be difficult to tie your injury to the accident and to prove its severity.
  • Preserving Evidence: It’s not uncommon for a seemingly insignificant piece of evidence to play a critical role in proving liability or damages. To avoid disposing of important evidence, it’s a good idea to speak with a personal injury attorney as soon as possible.
  • Calling an East Los Angeles Personal Injury Lawyer: The guidance of a skilled personal injury attorney can help you avoid critical mistakes that would lead to unnecessary disputes, delays, and complications. The sooner your lawyer can investigate your case, the better. The best time to contact an attorney is immediately after you undergo a medical evaluation, which should take place on the same day of the injury but certainly no later than 48 hours afterward.
  • Not speaking to the Insurance Company: Do you remember what you were doing in the moments leading up to the accident? Which parts of your body are in pain? Have you been able to return to work? These questions might seem simple and straightforward, but your answers may be taken out of context to dispute your claim. The bottom line: Your lawyer should handle all correspondence with anyone affiliated with the insurance company.
  • Limiting Your Social Media Activity: Social media posts are often used by insurance companies to dispute liability or damages. To protect your claim, it’s a good idea to disable your social media profiles until the conclusion of the proceedings.
  • Following Your Doctor’s Orders: If you do anything that might cause your injuries to worsen, the insurance company may refuse to pay for 100 percent of your damages. By following your doctor’s orders, you’ll be less likely to face a dispute regarding a failure to mitigate your damages.

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What is a personal injury claim? And how long after my accident do I have to file a personal injury claim in California?

A personal injury claim is a legal action pursued by an individual who has suffered physical, emotional, or financial harm due to the negligence or wrongful conduct of another party. Personal injury claims seek compensation, also known as damages, for the losses incurred as a result of the injury.

In the context of a car accident, for example, a personal injury claim may be filed by a driver who was injured due to the negligence of another driver who ran a red light. The injured driver may seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.

As for the statute of limitations for filing a personal injury claim in California, as you mentioned, it's generally two years from the date of the injury. However, there are exceptions and nuances to this rule, as you've rightly pointed out. For instance:

1. Discovery Rule: If the injury is not immediately apparent and is discovered later, the two-year statute of limitations may begin from the date the injury was discovered or reasonably should have been discovered.

2. Minors: If the injured party is a minor (under 18 years old) at the time of the injury, the statute of limitations may be extended. Typically, the two-year countdown begins when the minor turns 18 years old.

3. Government Claims: If the injury involves a claim against a government entity or agency, there may be shorter deadlines and specific procedures for filing a claim.

4. Medical Malpractice: In cases of medical malpractice, the statute of limitations may vary depending on the circumstances of the case.

Given the complexities and variations in the statute of limitations, it's crucial for individuals who have been injured to consult with a personal injury lawyer as soon as possible after the accident. A lawyer can assess the specific circumstances of the case, determine the applicable deadlines, and ensure that the claim is filed within the required timeframe to preserve the individual's legal rights to seek compensation. Waiting too long to pursue a claim could result in the loss of the right to recover damages.

How is compensation calculated?

Calculating compensation in personal injury cases involves several factors, and it's essential to understand how these elements contribute to the overall value of a claim. Here's an overview of how compensation is typically calculated:

1. Medical Expenses: The cost of medical treatment for injuries sustained in the accident is a significant factor in determining compensation. This includes expenses such as hospital bills, doctor visits, surgery, medication, therapy, and any other necessary medical care. Future medical expenses may also be considered if ongoing treatment or rehabilitation is required.

2. Lost Wages: If the injury prevents the victim from working, they may be entitled to compensation for lost wages. This includes wages lost during the recovery period as well as potential future earnings if the injury affects the victim's ability to work in the long term.

3. Pain and Suffering: Compensation may be awarded for the physical pain and emotional suffering caused by the injury. This is often subjective and depends on the severity and duration of the pain, as well as its impact on the victim's quality of life.

4. Emotional Distress: In addition to physical pain, victims may experience emotional distress, such as anxiety, depression, or PTSD, as a result of the accident and injury. Compensation may be available for these psychological effects.

5. Loss of Enjoyment of Life: If the injury significantly diminishes the victim's ability to participate in activities they once enjoyed, they may be entitled to compensation for the loss of enjoyment of life.

6. Disfigurement or Disability: Permanent disfigurement or disability resulting from the injury may warrant additional compensation to account for the long-term impact on the victim's appearance, mobility, or independence.

7. Punitive Damages: In cases of extreme negligence or intentional wrongdoing, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future. However, punitive damages are relatively rare and typically reserved for egregious cases.

It's important to note that California follows a principle of comparative negligence, meaning that compensation may be reduced if the victim is found to share some degree of fault for the accident. In such cases, the compensation awarded is typically reduced in proportion to the victim's percentage of fault.

Navigating the complexities of compensation calculation in personal injury cases requires the expertise of a qualified attorney. An experienced attorney can assess the details of the case, gather evidence to support the claim, and advocate for fair compensation on behalf of the injured party.

How much is my case worth?

Determining the worth of a personal injury case, such as one resulting from a car accident, involves a thorough evaluation of various factors. Here are some key considerations that influence the value of a case:

1. Nature and Extent of Injuries: The severity of your injuries, the extent of medical treatment required, and any long-term or permanent effects will significantly impact the value of your case.

2. Medical Expenses: The total cost of medical treatment, including hospital bills, surgery expenses, rehabilitation costs, medication, and future medical care needs, will be factored into the compensation.

3. Lost Earnings: If your injuries caused you to miss work or resulted in a decrease in earning capacity, you may be entitled to compensation for lost wages or future loss of earnings.

4. Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, are more subjective but are important components of a personal injury claim.

5. Property Damage: The cost of repairing or replacing damaged property, such as your vehicle, may also be included in your claim.

6. Liability: The degree of fault attributed to each party involved in the accident will affect the amount of compensation you receive. In comparative negligence states like California, your compensation may be reduced if you are found partially at fault for the accident.

7. Insurance Policy Limits: The insurance coverage available, both from your own policy and the at-fault party's policy, may limit the amount of compensation you can recover.

8. Legal Representation: Having experienced legal representation can significantly impact the outcome of your case. A skilled attorney will negotiate on your behalf and ensure that you receive fair compensation for your injuries and damages.

Given the complexity of these factors and their interplay in determining the value of a case, it's essential to consult with a knowledgeable personal injury attorney. They can assess the specifics of your situation and provide an accurate estimate of the potential value of your case based on their experience and expertise.

What sets Benjamin Drake apart as a personal injury lawyer?

What sets Benjamin Drake apart as a personal injury lawyer is his remarkable track record of success and extensive experience in handling various personal injury cases. His profound understanding of the intricate laws and regulations governing personal injury claims sets him apart. Benjamin is renowned for his meticulous attention to detail, thorough investigation techniques, and adept negotiation skills. Moreover, he is deeply committed to offering personalized attention to each of his clients, ensuring they receive the dedicated support and advocacy they deserve throughout the legal process.

What type of personal injury cases does Benjamin Drake handle?

Benjamin Drake is a seasoned attorney specializing in various personal injury cases, offering unwavering legal representation to individuals harmed due to others' negligence or wrongful actions. Here's a detailed overview of the types of personal injury cases Benjamin Drake handles:

1. Car Accidents: Benjamin Drake adeptly represents clients injured in car accidents of all kinds, from rear-end collisions to hit-and-runs. He guides victims through insurance claims, establishes liability, and fights for fair compensation for their injuries and losses.

2. Motorcycle Accidents: Understanding the unique challenges faced by motorcycle accident victims, Benjamin Drake diligently advocates for their rights. He investigates accidents thoroughly, negotiates with insurance companies, and ensures victims receive the compensation they deserve.

3. Pedestrian Accidents: Pedestrian accidents often result in severe injuries, and Benjamin Drake is dedicated to representing those harmed by negligent drivers. He holds responsible parties accountable and seeks compensation for medical expenses, lost wages, and pain and suffering on behalf of pedestrian accident victims.

4. Wrongful Death Cases: Benjamin Drake provides compassionate support to families grieving the loss of a loved one due to negligence. He assists them in pursuing wrongful death claims, seeking justice and financial compensation for their tragic loss.

Additionally, Benjamin Drake handles a wide range of personal injury claims, including bicycle accidents, slip and fall incidents, dog bites, and more. With his commitment to client advocacy and extensive experience, he strives to achieve optimal outcomes for individuals and families affected by personal injury incidents.