While Bakersfield has a lot to offer for residents and visitors alike, one thing that people don't come to Bakersfield for is to suffer an injury as the result of someone else's negligence. Unfortunately, hundreds of people are injured each year due to negligence. In many circumstances, the person can seek compensation from a liability insurance policy held by the at-fault party for the monetary expenses and psychological impacts they incurred due to the injury.
Undergoing a legal process is no simple task. In order to have a successful personal injury claim, the claimant must be able to use evidence and witness testimony to prove liability and to justify the value of their claim. While many people attempt this process on their own to save themselves the expense of hiring a personal injury lawyer, they're often quickly overwhelmed by the demands that such a claim makes on their time and emotions. An experienced Bakersfield personal injury lawyer from Kash Legal can provide assistance with the process, using our legal team to do the legwork of your case while you focus on recovering from your injury.
The most common cause of accidents is human error. This is true regardless of the type of accident that resulted in injury. Kash Legal has experience in handling personal injury claims involving the following types of accidents:
There are many other types of accidents that can result in personal injury. If the accident that caused your injury isn’t listed here, the Kash Legal team can still likely help you with your claim.
Most personal injury claims in Bakersfield begin with a claim filed against an applicable liability insurance policy held by the at-fault party. For example, a car accident claim would usually be filed against an at-fault party’s auto liability policy, while a dog bite claim would generally be filed against the homeowner’s or renter’s insurance policy held by the dog’s owner.
Upon receiving your claim, the insurance provider will assign a claims adjuster to analyze the claim and determine what compensation is owed to you. It is important to remember that the claims adjuster works for the insurance company and their purpose is not about ensuring that you have the compensation you need after an injury. Their purpose is to save the insurance company money by finding reasons to deny or reduce the value to the claim. After analyzing your claim, the claims adjuster can either opt to pay the claim in full, deny the claim or make an offer to settle the claim out of court for less than its established value.
If the adjuster chooses to offer a settlement, don’t be surprised if the offer is far below the value of your claim. Your attorney can negotiate with the adjuster in order to get them to increase their offer. However, if the adjuster refuses to pay the claim or make an offer that you agree to accept, your claim can be filed as a personal injury lawsuit in civil court and a judge or jury will make decisions concerning liability and compensation.
In California, the statute of limitations for personal injury claims is generally two years from the date on which the accident occurred. What this means is that your claim must be filed in court by this date in order for you to have the right to use the court system when seeking compensation for your injury. This is an extremely important deadline, as most insurers will not settle a claim if the statute of limitations expires. One of the many services a Bakersfield personal injury lawyer will provide for you is management of the timeline of your case in order to protect your right to file a lawsuit.
In California, common carriers are businesses or entities responsible for transporting people or goods. They perform many needed public services that help the public get around and receive necessities. However, because of their great responsibility, anyone who falls under the common carrier umbrella is held to a higher standard of care. When your personal injury accident results from a common carrier’s negligence, you likely won’t just be filing a claim against the driver’s insurance. A common carrier claim will likely mean facing up against corporations and municipalities. It will be critical to have a strong representation in Bakersfield that will even the playing field and ensure you’re not taken advantage of by large businesses or governmental entities.
When you’re involved in a personal injury case, understanding the types of damages you may recover is essential to ensuring you recover the compensation you deserve. The following is a breakdown of the most common types of damages you may be entitled to recover in a personal injury claim:
One of the most significant components of economic damages is the cost of medical care, including not only the immediate medical treatment you receive after an injury but also ongoing and future medical expenses. Coverage may extend to extended hospital stays, surgeries, physical therapy, prescription medications, and any necessary medical equipment.
If your injury has forced you to miss work, you can claim compensation for lost wages. This category covers the income you’ve lost from the time of the injury to the settlement or court judgment. Additionally, if your injury impacts your ability to work in the future, you may be entitled to compensation for lost earning capacity.
In cases where your property, such as a vehicle, is damaged as a result of the incident, you can recover the costs for repairs or replacement. This is a straightforward claim that addresses the tangible losses associated with your property.
These types of damages encompass the physical pain and distress you have suffered due to injuries. They are more subjective and harder to measure but are vital in personal injury claims. The amount is determined by considering factors such as the injury’s severity, recovery duration, and its effect on your daily life.
In addition to physical pain, injuries often lead to significant emotional and psychological effects. Emotional distress damages aim to compensate for conditions such as anxiety, depression, and PTSD that may arise following an accident.
If your injury hinders you from participating in activities and hobbies you once enjoyed, you may recover damages for a loss of enjoyment of life. These types of damages compensate for the diminished quality of life due to the injury’s effects.
In cases where the opposing party’s actions are particularly egregious or malicious, the court may award punitive damages, which punish the opposing party and discourage similar behavior, rather than compensate the victim. Punitive damages are less common and are awarded at the court’s discretion.
Consulting with a personal injury attorney at Kash Legal may help you navigate the complexities of your claim and ensure you recover the maximum compensation for your losses.
Being in any type of accident can result in severe injuries that require extensive and even long-term care, which is why victims who are injured by a negligent party are able to file for compensation. Common types of injuries that victims of personal injury accidents suffer include:
Understanding the extent of your injuries is critical to assessing the value of your claim. The compensation you may receive goes beyond medical bills. It also takes into account the injury’s impact on your quality of life. It’s critical to seek medical attention and thoroughly investigate your injuries. Your doctors may perform X-ray scans, CT scans, spinal taps, and MRI scans to find any abnormalities in your body. These tests will be key evidence in your claim.
Gathering the proper evidence is essential in a personal injury claim, as it establishes the facts of your case and supports your demand for compensation. Different types of evidence serve various purposes, from proving liability to demonstrating the extent of your damages. The following are the key categories of necessary evidence in a personal injury claim:
Medical records are foundational evidence in any personal injury case, documenting the extent of your injuries, the treatments you’ve received, and the ongoing care you may require. Doctor’s reports, hospital records, and medical bills provide a detailed account of the physical harm you’ve endured and the costs associated with your recovery.
In addition to initial medical records, treatment plans and prognoses from your healthcare providers can demonstrate the long-term impact of your injuries. This includes any future medical care you might need and how your injuries will impact your daily life and work capacity.
Image and video evidence from the scene of the accident can be instrumental in establishing how the incident occurred. Images showing the location, vehicle positions, property damage, and any hazardous conditions can help reconstruct the event.
Visual footage of your injuries taken immediately after the accident and throughout your recovery can vividly illustrate the severity and progression of your injuries. This visual evidence can be compelling in showing the pain and suffering you’ve experienced.
Statements from those who witnessed the incident provide objective insights into how the incident happened. Eyewitness testimonies corroborate your version of events and help establish fault.
Expert witnesses, such as medical professionals, reconstructionists, and other professionals, provide in-depth analysis and opinions that support your claim. Their expertise can help clarify complex issues, such as the cause of the accident or the long-term financial impact of your injuries.
A police report often contains crucial details about the accident, including the officer’s observations, witness statements, and any citations issued. This official document can lend significant credibility to your claim.
In addition to police reports, other accident reports, such as those filed with insurance companies or employers, can be valuable. These documents provide additional perspectives and details about the incident.
To support claims for economic damages, you’ll need receipts and financial statements. This includes receipts for medical treatments, repairs, and any out-of-pocket expenses related to your injury. Pay stubs and tax returns can help prove lost wages and diminished earning capacity.
Keep all correspondence with insurance companies, including emails, letters, and notes from phone calls. These records can provide evidence of the insurance company’s responses and any settlement offers.
Compiling a thorough and well-documented collection of evidence can significantly strengthen your personal injury claim. Each piece of evidence helps build a clear and convincing narrative about how the accident happened, who is responsible, and the extent of your damages. Working with an experienced personal injury Kash Legal attorney helps ensure you gather all the necessary evidence and present it effectively, maximizing your chances of a successful claim.
Identifying the parties responsible for your injuries helps ensure you recover adequate compensation for your losses. Several individuals or entities can be held liable, depending on the circumstances of the accident. The following are the key parties who may be liable in a personal injury claim:
In cases involving motor vehicle accidents, the driver who caused the collision is typically the primary party held liable. This includes drivers who were negligent due to failing to follow the speed limit, distracted driving, operating a vehicle under the influence, or violating traffic laws.
If the opposing party was operating a vehicle owned by someone else, the owner might also be held liable. This can occur if the owner knowingly allowed an incompetent or unlicensed driver to use their vehicle.
When an employee causes an injury while performing job-related duties, the employer may be held liable under the legal doctrine of “respondeat superior.” This principle holds employers accountable for the actions of their employees during the course of their employment.
Property owners and managers have a legal duty to maintain safe conditions on their premises. If you’re injured due to unsafe conditions, such as wet floors, broken stairs, or inadequate security, the property owner may be liable. This applies to both private property, like homes, and public or commercial property, such as stores and restaurants.
If a defective product was the cause of injuries, the manufacturer, distributor, and even the retailer can be held liable. These claims arise from design defects, manufacturing defects, or inadequate warnings and instructions.
Healthcare providers, including doctors, nurses, and medical institutions, may be at fault for injuries resulting from medical negligence. This includes errors in diagnosis, treatment, surgery, or aftercare. Establishing liability in medical malpractice cases often requires expert testimony to prove the healthcare professional deviated from the accepted standard of care.
In some cases, a government entity may be at fault for injuries. This can include accidents caused by poorly maintained public roads, unsafe public buildings, or negligent actions by government employees. Suing a government entity often involves different rules and shorter deadlines, so it’s essential to consult with an attorney experienced in these claims.
In certain situations, a third party not directly involved in the accident may be responsible for damages. For example, if you’re injured at work due to a defective machine, the manufacturer of the machine, rather than your employer, may be liable. Similarly, if you’re injured in a car collision caused by a drunk motorist who was over-served at a bar, the bar owner may share liability.
Accurately identifying all parties who may be liable is essential for maximizing your compensation. An experienced personal injury attorney at Kash Legal helps identify the liable parties and builds a strong case on your behalf. By holding the right parties accountable, you may obtain the justice and compensation you need to recover from injuries and move forward with your life.
People who have been injured in an accident in Bakersfield often avoid hiring a personal injury lawyer to assist them with their claim because they worry that they can’t afford the attorney’s fees. Unlike other types of attorneys who charge a retainer or bill their clients by the hour, many personal injury lawyers work on a contingent fee basis. What this means is that you do not have to pay your attorney for their services until you win your case, either through a negotiated settlement or a personal injury lawsuit.
When you begin working with your Bakersfield personal injury lawyer, they will enter into a contingent fee agreement with you that spells out the services that are to be provided and designates a percentage of the settlement or award you receive for your claim as payment for your attorney’s services. At the conclusion of your case, your attorney will receive the proceeds of your settlement or award and deposit them into a trust. From that trust, payment for the attorney’s fees will be withdrawn as well as payment for any medical liens placed on your award by health care providers or health insurers. After these items have been paid for, the remainder of the proceeds will be turned over to you.
If you’ve suffered an injury in Bakersfield as a result of someone else’s carelessness or recklessness, the team at Kash Legal understands that the stress of being injured and the mounting expenses can be overwhelming. The last thing you need to worry about is navigating California’s personal injury claims process alone. With Kash Legal on your side, you don’t have to.
Let our experienced Bakersfield personal injury lawyers evaluate your claim for free and provide answers to the legal questions you have about your case. We can also provide more details on the personal injury claims process and the type of services we are able to provide to assist you with your claim. Contact us by calling (888) 527-4128 or by filling out our contact form.
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