If you have been hurt in Bakersfield, CA, whether it took place near Valley Plaza Mall or at a busy intersection (Ming Avenue and New Stine Avenue), legal guidance can help you move forward with confidence. At West Coast Trial Lawyers, our Bakersfield personal injury lawyers can explore your legal options, guide you through the claims process, and work diligently to get you the compensation you deserve. With more than 20 years of experience working on personal injury cases and over $1.7 billion recovered on behalf of our clients, we have the knowledge and resources available to defend your rights.
We offer FREE consultations, where we can go over your case in detail to determine what would be the best path to proceed with. To get started, you can reach out to us by calling (661) 299-7554 or completing our convenient online contact form.
What Is Personal Injury?
Personal injury refers to physical harm and/or emotional distress caused by someone else’s negligence or wrongful conduct. Such cases may arise from motor vehicle accidents and slip and falls. When someone is harmed as a result of another person’s actions, they may be entitled to pursue justice through the legal process. This consists of submitting a claim to recover compensation for losses incurred.
How Do I Know if I Have a Personal Injury Claim?
You may have a personal injury claim if you were harmed because of someone else’s negligence. This means that another individual or entity failed to act with reasonable care, and that was the main issue that caused your injury. Common cases may include a car accident triggered by a distracted driver, slip and fall accidents due to unsafe property conditions, or injuries stemming from defective products.
To determine whether you have a valid claim, you can present your situation to a Bakersfield personal injury lawyer. They will look into your case and explain the legal options you have available. You will receive guidance during this process, which can help enhance your chances of obtaining full and fair compensation.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer represents individuals who have been hurt as a result of someone else’s negligence. Their role is to defend a client’s rights and navigate them through every step of the legal process. From the moment they accept a case, they will investigate matters, collect evidence, interview witnesses, and take a look at relevant documentation to build a strong personal injury claim.
They will handle all forms of communication and negotiate with insurance companies to seek fair compensation for losses suffered. If an agreement cannot be met, the case will be brought to court before a judge or jury. All in all, a personal injury lawyer will make sure the victim is given support, representation, and the justice they deserve.
How Long Does a Personal Injury Lawsuit Take?
The length of a personal injury lawsuit will vary depending on multiple factors:
- The severity of the case
- The extent of bodily harm involved
- Cooperation between all parties
Some claims can take a couple of months to negotiate and settle whereas others may proceed to trial, which may last a year or more.
The process will start with an investigation and preserving evidence. A settlement discussion will follow after. If an agreement cannot be reached, the case will proceed to trial. This can consist of discovery, depositions, and possibly trial. Each stage will take time, especially if expert testimonies or extensive medical documentation is required.
How to File a Personal Injury Lawsuit?
Filing a personal injury lawsuit will start with you speaking to a Bakersfield personal injury attorney who can assess your case and go over your legal options. Once it has been verified that someone else’s negligence caused your bodily injury, your attorney will create and file a formal complaint with the respective court. This will highlight the facts pertaining to your case, identify the at fault parties, and declare the compensation you are seeking for the damages you suffered.
After the lawsuit is filed, the defendant will be formally served with the complaint and have a reasonable amount of time to respond. Both sides will then step into the discovery phase, where evidence will be exchanged, witnesses are deposed, and expert opinions may be collected. Settlement negotiations happen during this stage, and many cases resolve without the need to go to trial. If a settlement is not reachable, your attorney will represent you in court, sharing your case before a judge or jury.
Through this legal process, your personal injury attorney will ensure your rights are protected and help you pursue fair compensation for the damages you suffered because of someone else’s negligence.
What Evidence Do I Need for a Personal Injury Claim?
To support a personal injury claim, strong evidence is needed. One of the most critical details that should be retrieved are medical records related to the incident. You will have to visit healthcare providers and have them evaluate your condition. Any notable concerns will be documented on file. This can establish a link between your injury and the collision.
You should also keep copies of bills and receipts related to your medical care, medications, and rehabilitation services. These can show the amount of financial impact you incurred because of your injury. Other pieces of information that will be helpful to include the following:
- Photos
- Video footage
- Witness statements
- Police report
When dealing with an insurance company, consistent documentation is critical. Insurers will look into all evidence before establishing a settlement offer. A personal injury attorney can help acquire and present these findings effectively during the claims process.
How Long Do You Have to File a Personal Injury Lawsuit in California?
In California, the time limit to file a personal injury lawsuit will be two years from the initial date of your injury. The deadline will determine how long you have to pursue legal action against the responsible party. The court may dismiss the personal injury case if the claim is submitted after the final date, and you will lose your right to recover compensation for your losses.
There are, however, a few exceptions that can extend or shorten the time limit. For example, claims made against government entities will need to be submitted within six months, while injuries that were not discovered immediately after the incident may be granted additional time. Because of these factors, it is important for injured clients to seek legal assistance from a personal injury attorney for guidance.
They will take a look at the circumstances of your case and ensure your lawsuit is filed in a timely manner, giving you the opportunity to hold the responsible party accountable for their actions while also securing fair compensation for the damages you sustained.
Can I Fire My Personal Injury Lawyer?
You do have the right to fire your personal injury lawyer if you are not pleased with the services you are receiving. The attorney-client relationship is supposed to be based on trust and solid communication. So, if you feel like your lawyer is not keeping you in the loop about your personal injury case and they are not acting in your best interest, you can choose to end that relationship.
If you decide to move forward with this, you should do so in writing and retain copies of all documents pertaining to your case. Once you hire a new attorney, they will request your case file and manage communications with your previous lawyer. But, take note of the fact that your former legal representative may have the right to claim a portion of the legal fees for the work that was already done, depending on the fee agreement.
A new personal injury attorney will evaluate your situation, go over any financial implications, and make sure that the transition does not push back your case or tamper with your ability to seek compensation.
What Are Some Examples of Personal Injuries?
Personal injuries can happen in various ways, and law firms, including West Coast Trial Lawyers, handle a wide variety of practice areas to help victims recover compensation. Common instances include car crashes and truck accidents where reckless drivers cause serious harm to other road users.
These crashes often occur in busy roads, like Stockdale Highway, Oswell Street, or near intersections like Ming Avenue and New Stine Road, whereas truck accidents have been more frequent in areas with heavy commercial traffic, such as Highway 99 or Kern River Parkway. Such cases can contribute to broken bones, spinal cord damage, or even catastrophic injuries that can permanently affect a person’s quality of life.
Fall accidents are another common cause of personal injury claims, with some that can happen in popular locations, like Valley Plaza Mall, or in residential complexes and public buildings. When property owners fail to maintain safe conditions, like leaving wet floors, poor lighting, or uneven walkways, they can be held responsible for injuries that occur as a result of these hazardous factors. Victims are expected to sustain fractures, head injuries, or back pain because of such negligence.
Other examples include:
- Car accidents
- Motorcycle accidents
- Brain injuries
- Premises liability
- Bus accidents
- Bicycle accidents
- Scooter accidents
- Wrongful death
- Pedestrian accidents
- Dog bites
- Brain injuries
- Burn injuries
- Spinal cord Injuries
- Uber and Lyft accidents
- Food delivery accidents
Each type of injury case will require affected individuals to approach it in a careful manner, as the severity of injuries and circumstances revolving around the event determine how liability is proven and what compensation may be available to pursue.
What Are the Three Main Types of Damages?
In personal injury law, the three main types of damages are economic, non-economic, and punitive damages. Each one has its own purpose in helping victims recover from harm caused by another person or entity.
Economic damages are measurable financial losses triggered from the injury. This can involve hospital fees, lost wages, and property damage. These damages can be supported by documentation, like medical bills, pay stubs, and repair estimates.
Non-economic damages will cover personal, intangible losses (emotional distress, loss of enjoyment of life, and pain and suffering). This acknowledges the cost of bodily harm is not connected to a dollar amount.
Lastly, punitive damages are given when the defendant’s conduct is deemed egregious. Their purpose is not mainly to compensate the victim, but to punish the wrongdoer and deter similar behavior in the future.
These three categories ensure that victims are fairly compensated for financial and emotional losses when it comes to a personal injury case.
What Is the Difference Between Personal Injury and Wrongful Death?
The difference between personal injury and wrongful death falls into who is harmed and how the legal claim is pursued. Personal injury cases will consist of individuals who endured a serious injury due to someone else’s negligence or intentional actions. The victim can file a claim to recover damages.
Wrongful death cases happen when a negligent act results in the death of a loved one. Given the circumstances involved, family members (spouse or children) can file a wrongful death claim to recover compensation for losses incurred. Some common ones include funeral and burial costs, medical bills, and loss of financial support (California Code of Civil Procedure 377.60).
While personal injury mostly revolves around harm sustained by the injured person, wrongful death cases will address the effect of the loss on surviving family members and hold the responsible party accountable for the death of a loved one.
What Is a Personal Injury Payout?
A personal injury payout is financial compensation given to someone who has been injured because of another person’s negligence or wrongful actions. This payout is intended to compensate for the losses and expenses resulting from the injury. Such pay will consist of:
- Medical bills
- Rehabilitation costs
- Lost income
- Property damage
- Emotional distress
- Pain and suffering
In some cases where extreme recklessness is involved, punitive damages could also be granted. The amount of a personal injury payout will depend on numerous elements, such as the extent of bodily harm, the impact on one’s daily life, and the percentage of fault of the party responsible. Personal injury attorneys can negotiate with insurance companies or even represent clients in court to make sure the payout accurately reflects the true value of losses they suffered.
Need a Personal Injury Lawyer? Contact West Coast Trial Lawyers Today
If you were hurt as a result of negligence committed by another person or entity, West Coast Trial Lawyers is here to provide guidance and support. Our legal team will review your case, go over your options, and develop a personalized approach to your situation. We will work diligently to advocate on your behalf and help you secure the compensation you are entitled to.
Our law offices are scattered across various cities in California, including Bakersfield. To book a FREE consultation with one of our experienced personal injury attorneys, you can connect with us by calling (661) 299-7554 or filling out our easy online contact form.
