Law Offices of Tim D. Wright - Personal Injury Law Firm in Glendale, California

If you've been injured because of someone else's negligence, you have the right to ask for financial compensation for the losses you've endured. However, seeking a personal injury claim is no simple 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 court. Either way, we defend our clients from start to finish so they can concentrate on recovering.

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 act as a reasonably prudent individual would. Negligence can be displayed through a person's actions (like speeding or driving drunk) or through an exclusion (such as failing to remove a known hazard from one's business property).

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

• Duty of care-- The defendant must have owed a duty of care to the plaintiff. In some cases a duty emerges out of a personal relationship between the parties, 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 drivers not to be reckless.
• Breach-- Next, the plaintiff needs to show 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 circumstances where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is generally the most contested part of a personal injury claim.
• Causation-- The defendant's breach needs to really result in injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this element fails.
• Damages-- These are the losses for which the plaintiff will pursue financial compensation. Some of the most common damages are medical costs, lost wages, lost earning capacity, and pain and suffering. The nature and amount of damages are hotly contested in the majority of personal injury cases.

Possible Damages in a Personal Injury Case

The goal of a personal injury claim is to make the plaintiff whole via financial compensation. This compensation is referred to as damages, and some examples are:

• Medical expenses-- This broad category can consist of everything from hospital bills and prescription drugs to physical therapy and special adaptive equipment to help with a victim's day-to-day activities.
• 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 award you damages to cover this lost income.
• Lost earning capacity-- Your occupational prospects may be cut short or drastically 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 vital to catastrophic injury cases.
• Loss of pleasure of everyday life-- It might not be possible to enjoy 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, society, friendship, and sexual relationship between partners brought on by the injury.
• Punitive (exemplary) damages-- In rare cases, an at-fault party can be subject to punitive damages. These are meant to punish the wrongful party and deter others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to take legal action against a negligent party will not last forever. In California, personal injury cases are subject to what's called a statute of limitations. This sets 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 starts to run when the injury takes place.

However, it's best not to delay taking action on your case. Witnesses' memories can fade with time, evidence will be more difficult to obtain, and you might forget crucial information if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Glendale personal injury attorney.

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

Suing a defendant almost always 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 close to covering your losses. You need a lawyer who not only understands California personal injury legislation, but knows how to determine a fair value for your case.

At Tim D. Wright, we've assisted numerous personal injury clients get the compensation they require to recover. We won't accept unjust offers and will stand by you from start to finish. Give us a call or fill out the contact form today to get started on your case.

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For more information about Personal Injury Lawyers in Glendale, California, contact Law Offices of Tim D. Wright at (323) 379-9995 or visit our website at​​ TimWrightLaw.com for a Free Consultation.