We Win Personal Injury Cases.

Understanding Personal Injury Claims – and Why They Matter

62 million people sought medical attention for an injury in 2023, but only a small percentage filed a personal injury claim. 

So, what exactly is a personal injury claim?

It’s a civil lawsuit that allows individuals injured due to someone else’s negligence to seek financial compensation for their losses. These claims often stem from motor vehicle accidents but can also arise from premises liability cases, workplace injuries, and other incidents where a duty of care was breached.

While many personal injury claims are resolved through insurance settlements, some may require litigation to ensure fair compensation. In such cases, having an experienced lawyer can be crucial in navigating negotiations, presenting evidence, and advocating for the injured party in court.

Don’t Go It Alone – Our Attorneys Handle Everything

At DK Law, personal injury law isn’t just what we do — it’s all we do. Our passionate team of attorneys is dedicated to fighting all the way. 

Whether you were injured in a car crash, a slip and fall, or are grieving the wrongful death of a loved one, we’re here to help you get the justice and compensation you deserve. 

Why Choose DK Law?

Experienced. Aggressive. Results-Driven.

With decades of combined experience, our attorneys know what it takes to win. From negotiating with insurers or taking your case to trial, we’ve got your back every step of the way.

Millions Recovered for Clients

We don’t just talk the talk—we deliver results. Our firm has secured over $500 million for clients, including multiple multi-million-dollar verdicts and settlements. When you hire DK Law, you hire a team that fights to maximize your recovery.

No Win, No Fee — Guaranteed

You shouldn’t have to worry about legal fees when you’re already dealing with an injury. That’s why we work on a contingency fee basis: You pay nothing unless we win your case.

What To Do Next – Before the Insurance Company Calls

Being involved in any type of accident is extremely distressing. But what you do after can make a huge difference. To protect your legal rights and well-being after a personal injury incident, follow these steps: 

1. Get Medical Attention Right Away

Your health is the top priority. Even if your injuries seem minor, symptoms like whiplash or internal trauma may not show up immediately. Getting prompt care not only ensures your safety but also creates an official medical record that’s critical for any legal claim. 

2. Document the Incident

Take clear photos of the scene, vehicles (if applicable), injuries, and any visible hazards. Get names and contact info for witnesses, and jot down weather and road conditions. These details may fade or be altered, so acting quickly helps build a strong case. 

3. Don’t Talk to Insurance Companies Alone

Insurance adjusters often try to get you to downplay your injuries or admit partial fault. They may pressure you into quick settlements that don’t reflect your true losses. Politely refer them to your attorney before saying anything.

4. Contact a Lawyer as Soon as Possible

A personal injury attorney can guide you through the process, ensure deadlines are met, and begin preserving critical evidence early. They also shield you from insurance tactics and help you pursue the full compensation you’re entitled to.

From Broken Bones to PTSD: The True Cost of Injury

Personal injury accidents often result in a variety of injuries, ranging from minor to severe, with lasting physical, emotional, and financial impacts. Common injuries include:

1. Traumatic brain injury (e.g., concussion)
2. Spinal cord injury
3. Broken bones
4. Soft tissue injuries (e.g., whiplash)
5. Serious burns
6. Cuts and lacerations
7. Internal injuries
8. Amputations or disfigurement
9. Psychological trauma
10. Post-traumatic stress disorder

These injuries can lead to significant medical expenses, lost income, pain and suffering, and, in severe cases, long-term disability or emotional trauma. 

Don’t suffer in silence. Talk to an attorney as soon as possible to secure compensation and support your recovery.

Personal Injury Caused By Negligence

Most personal injury claims arise from negligence, which means failing to act with the level of care that someone under similar circumstances would have exercised. 

This can include actions like distracted driving and not adhering to traffic laws.

In personal injury cases, determining fault is crucial as it affects the outcome of the claim. In California, like many others, fault is often established through the concept of negligence. To prove liability, the following elements must be demonstrated: 

1. Duty of Care: The defendant was legally obligated to act a certain way toward the plaintiff.
2. Breach of Duty of Care: The defendant failed to meet that obligation.
3. Causation: There must be a direct link between the defendant’s breach of duty and the plaintiff’s injury.
4. Damages: The plaintiff suffered actual harm or loss due to the defendant’s actions.

Comparative Negligence

Personal injury victims who are also found liable for causing car accidents or other types of accidents can still recover partial damages. Under California’s comparative negligence laws, every person or entity who contributed to an accident will be held accountable.

Therefore, every at-fault party will be liable for a percentage of the total damages. For example, if the claimant is found 20% liable and the total cost of damages is $10,000, $8,000 can still be awarded to the claimant. Quality legal representation from personal injury attorneys is highly advisable when claimants are partially at fault.

Real Damages, Real Dollars: What’s at Stake

If you’ve suffered a serious injury, your compensation should reflect the full extent of your physical, emotional, and financial losses. That includes both your current medical expenses and any long-term care you may need in the future.

Every personal injury case is unique, and the value of a settlement depends on several key factors, including:

• The severity of the injury
• The clarity of evidence
• The degree of fault
• Insurance policy limits
• Long-term impact on your life and livelihood

With the right legal representation, you may be entitled to recover a wide range of damages. Here’s a breakdown of what’s commonly available:

Economic Damages

Also known as special damages, these compensate a personal injury victim for direct expenses resulting from the defendant’s negligence. 

• Medical expenses: Costs for emergency room and hospital stays, surgeries, medications, rehabilitation, and any future medical care
• Lost wages: Income lost due to the inability to work following the injury
• Lost earning capacity: Potential future earnings lost if the injury affects your ability to work long-term
• Property damage: Costs to repair or replace property damaged in the accident

 Non-Economic Damages

Also known as general damages, these compensate a victim for intangible losses. In other words, these damages have no specific dollar amount. 

• Pain and suffering: Compensation for physical pain and emotional distress
• Loss of enjoyment of life: If the injury prevents you from enjoying daily activities
• Emotional distress: For psychological impacts such as anxiety, depression, and trauma
• Disfigurement or disability: Permanent scarring, loss of a limb, or disability
• Loss of consortium: Loss of intimacy or companionship

Punitive Damages

In cases where the defendant’s conduct was particularly egregious or reckless, courts may award punitive damages. Unlike compensatory damages, which aim to make the victim whole, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.

The Personal Injury Claims Process

The legal process can feel overwhelming, but with the right legal team, it doesn’t have to be. Here’s what you can expect when pursuing a personal injury claim: 

1. Medical Evaluation: Seeking medical treatment is essential, not just for recovery, but also to document the severity of your injuries for your claim. Follow treatment as directed by your doctors. 
2. Demand Letter: Once liability and damages are clear, we send a detailed demand letter to the at-fault party’s insurance company. It outlines your injuries, losses, and the compensation you deserve.
3. Negotiation & Settlement: Most cases settle out of court. Our attorneys negotiate aggressively to get the best possible outcome, and you don’t accept anything without our guidance.
4. Filing a Lawsuit (If Necessary): If the insurance company refuses to offer fair compensation, we’re ready to file a lawsuit. During the discovery phase, both sides exchange evidence and prepare for trial.
5. Mediation & Trial: Many cases settle during mediation — a final effort to reach an agreement. If not, we take your case to court and present it to a judge or jury.

Filing a Lawsuit Isn’t the First Step – But Sometimes It’s Essential

If the other party rejects the initial demands, negotiations ensue. If fair compensation is still not reached, the victim can file a lawsuit. 

During this stage, the discovery phase begins, and both parties exchange relevant case details. Depending on what is discovered, mediation can take place, where a neutral third party facilitates a settlement.

During the trial, legal teams for both parties argue the case in court. Then, a judge and jury determine a settlement. If the case is successful, the victim receives compensation for injuries and damages.