If you've been injured due to someone else's negligence or carelessness, you may be entitled to compensation for medical bills, lost wages, and more. While it is possible to pursue compensation without a lawyer, the process can be challenging, and insurance companies may not offer the full amount you deserve.
This is where Kash Legal comes in. Our experienced attorneys are here to help you return to your normal life and get the compensation you deserve. We provide prompt, detailed updates throughout the representation process and will handle your case with the utmost professionalism and dedication.
What Does Personal Injury Mean?
If you are harmed due to the negligent actions of a person, government agency, or business, laws are in place to assist you in the recovery process. These laws also work to keep the same wrongdoing from recurring in the future. Although California’s personal injury laws exist to protect you, they can be complicated, and obtaining the justice you deserve can be difficult. Working with an experienced law firm will help you win, even if you are against a large corporation. Your lawyer will usually be able to determine who is at fault by proving that they:
- Owed you a standard of care
- Failed to meet that required standard
- Negligently caused your injuries
- Caused you financial repercussions due to your injuries
The above and the proposed settlement will determine whether your lawyer will tirelessly advocate for you, whether at trial or not.
Common Personal Injury Cases in California
Accidents occur in a variety of ways, but it is often negligence that causes these accidents to result in a personal injury lawsuit. Here are some common causes of personal injury cases:
- Dog bites
- Auto accidents
- Motorcycle accidents
- Truck accidents
- Construction accidents
- Medical malpractices
- Negligent security
- On-site accidents
- Product liability claims
- Slips-and-falls
- Wrongful death
- Brain injuries
If you have been injured in one of these types of accidents, partnering with a personal injury lawyer can help make sure your rights are protected and that you get the compensation you deserve.
Elements to Proving Any Personal Injury Claim
In any personal injury claim, your lawyer will have to prove certain elements occurred that led to your accidents and subsequent injuries, as stated above. This can be a difficult and confusing process, which is why it’s best to partner with a lawyer to help make sure you get the compensation you deserve. These elements, in greater detail, include:
Duty to Exercise Reasonable Care
Reasonable care entails exercising the same caution and care as a normal person. If your case involves a car accident, this applies to the duty to drive safely on the road to avoid an accident.
Therefore, duty of care simply means that the person who directly or indirectly caused your injuries failed to act in a certain way that took your safety into account.
Failure to Exercise That Duty of Care
After establishing that the party had a duty to act as any ordinary person would, your lawyer will need to establish the party’s negligence to exercise this reasonable care. It is critical to understand each victim’s contribution to the accident when demonstrating a failure to exercise reasonable care, as you may reduce your recovery compensation if you file a personal injury claim and are negligent.
Causation
After establishing the duty and negligence to exercise reasonable care, your lawyer must show that the failure to act with reasonable care caused the actual injury. Even if the act of carelessness or recklessness was not solely responsible for the injury, it must have contributed to it.
Damages Suffered
The final element of an injury claim is damages or loss from the injuring party’s negligence. The claim’s purpose is to compensate for damage that was caused during the accident, such as medical bills relating to knee injuries or traumatic brain injuries. The following are other examples of common types of damages that may justify filing a negligence claim:
- Lost income
- Pain and suffering
- Disability
- Property damage
- Mental anguish
Figuring out the financial amount for some damages, such as pain and suffering, can be difficult. This is why it’s in your best interest to partner with a personal injury lawyer so you can make sure you get the compensation you’re owed.
When Do I Need an Orange County Personal Injury Lawyer?
Navigating the California court system without legal training can be difficult. Missing a filing deadline and other procedural errors can hinder a case, even leading to a judge dismissing it before it begins. If any of the following situations apply to your case, hiring a personal injury attorney will greatly improve your chances of receiving fair compensation.
Severe Injury
A severe injury can result in long-term disability, and you may be unable to work. If this is the case, a personal injury lawyer can help you through the claim resolution process and protect your financial future.
Insurance Company Acts in Bad Faith
Bad faith occurs when an insurer needs to pay a legitimate claim or investigate and process your policyholder’s claim within a reasonable time frame. In this case, your lawyer will show you the state law that protects consumers from malicious insurance company behavior.
Unclear Liability
This can occur when the at-fault party attempts to shift blame onto you. Your lawyer can investigate on your behalf and gather evidence from witnesses to help secure a fair settlement, even if you were partially at fault.
Affording a Personal Injury Attorney
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 attorneys 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 attorney, 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.
Contact Kash Legal for Expert Personal Injury Representation
Personal injury cases can leave you reeling and unsure of what steps to take next. At Kash Legal, we understand the gravity of these situations, which is why we offer dedicated and experienced personal injury attorneys to assist with your personal injury claim.
Our personal injury attorneys will provide aggressive and compassionate representation to ensure your needs are met every step of the way. If you’re in the Orange County area and need the help of a skilled personal injury attorney, don’t hesitate to call us at (888) 527-4128 or use our online contact form.
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