The personal injury legal system allows each injured person an opportunity to be financially compensated after they suffer harm due to someone else’s negligent or intentional conduct. A Bakersfield personal injury attorney can use their experience to help you recover compensation for the physical and emotional trauma you’ve faced.
Bakersfield Personal Injury Law Basics
Personal injury laws can apply to a wide range of scenarios. That’s why it is extremely important to find an experienced legal team to assist you with your claim. When someone acts negligently, and that carelessness causes serious injury to another person, our Bakersfield personal injury lawyers can hold that person responsible.
Some injury accident examples that our adept Bakersfield personal injury attorneys have handled include:
- Car accidents
- Motorcycle accidents
- Other vehicular accidents
- Slip and fall incidents
- Dog bites
- Medical malpractice
California is a fault-based car accident state. After a Bakersfield motor vehicle accident caused by someone else’s negligence, all personal injury clients injured in the crash and their surviving family members can seek financial compensation from the insurance provider of the at-fault party.
Bakersfield, CA Comparative Negligence
California is also a pure comparative negligence state. This means that, according to California law, if a plaintiff is partly responsible for their accident, the courts can still award partial compensation.
Bakersfield courts can reduce your damage award by your percentage of fault. Speak with one of our attorneys at The Grossman Law Office for legal advice on how to win a comparative negligence claim.
Common Personal Injury Cases
Generally, the more information you have, the better it is for your claim. Call a personal injury attorney who can get you the most compensation possible for your medical expenses, emotional distress, personal injuries, and more.
According to data from the National Practitioner’s Data Bank (NPDB), there are about 60,000 cases of Adverse Action Reports and Medical Malpractice Payment Reports in the US and Puerto Rico.
Intentionally Egregious Acts
If a defendant’s intentional conduct causes a significant injury to another person, they can be subject to a personal injury lawsuit. Examples of these acts include assault, battery, and other intentional torts.
Dangerous products can have defects that pose a hazard to consumers. The legal doctrine of strict product liability applies when a manufacturer, distributor, or retailer has one of the following three types of product defects that lead to an injury:
- Inherent design flaw
- Manufacturing error or mistake
- Negligent or inadequate marketing
Strict liability means you do not have to prove the defendant was negligent to obtain compensation for your damages. If you did not discover your injuries until years later, you have a maximum of 10 years from the date of discovery to file your claim. Speak with a Bakersfield, CA personal injury attorney about your options during a free consultation.
Defamation includes a harmful statement that injures your reputation. Defamation torts can include both libel and slander. Your Bakersfield personal injury attorney can advocate for the end of those defamatory statements against you to find a legal remedy.
According to the National Safety Council, a worker is injured on the job every seven seconds.
Many businesses are negligent when it comes to the safety of their workers. If this leads to your injuries, then speak with a Bakersfield attorney. California is a no-fault state for worker’s compensation, so even if the employee is at fault, they are still covered. So, if there is a dispute regarding your worker’s comp, be sure to contact an attorney.
A wrongful death claim gives surviving family members the right to seek financial damages from one or more parties responsible for causing their loved one’s death. Bakersfield wrongful death claims give family members two years from the date of their relative’s death to file a civil claim in California.
The only parties with the right to file a wrongful death claim are the decedent’s surviving spouse, domestic partner, child, parent, or someone entitled to the decedent’s estate. Speak with a law firm to recover the damages entitled to you for the death of your loved one.
Bakersfield Personal Injury Cases
No two accidents are the same, but there are some standard steps that most personal injury cases follow. Speak with The Grossman Law Offices for a free consultation and get answers about recovering your lost wages, medical bills, replacing or repairing your personal property, recovering costs for your property damage, and more. The elements of a personal injury claim generally include the following:
The Defendant Breaches Legal Duty of Care
How your injuries occurred will determine if the defendant broke their legal duty of care.
For example, drivers have to operate their vehicles reasonably, and doctors have a legal duty to treat a patient using the applicable medical standard of care.
The Defendant Injures the Plaintiff
When a person’s negligence leads to an injury, a personal injury litigation law firm can hold them responsible. If you’ve suffered physical injuries due to a car accident, or any other type of accident, speak with a Bakersfield personal injury lawyer immediately.
When it is evident that the defendant breached their legal duty of care, then they and their insurance company may try to settle your claim. The majority of personal injury claims are settled out of court.
The settlement process typically involves the injured person filing a personal injury claim to the defendant’s insurance company.
If the plaintiff agrees to the settlement, the case ends. If not, the plaintiff can file a personal injury lawsuit. If you’re thinking about filing a personal injury case after any kind of accident, discuss your situation with a Bakersfield personal injury lawyer.
Why do you need a Bakersfield, CA Personal Injury Attorney?
Your injury lawyer can handle all of the legal processes involved in your claim for you, and a wrongful death attorney can represent the surviving family members. Our adept Bakersfield, CA attorneys can advocate for your claim in trial or negotiate an out-of-court settlement agreement with the insurance company that is fair to you.
A skilled Bakersfield tort law attorney who can navigate your insurance claims, benefit limits, the California laws, and stingy insurance adjusters can reduce your stress.
If your case does go to trial, your lawyer can represent you in court to demand maximum compensation for your damages. They can seek compensation for the other person’s negligence while you rest and heal from your injuries. The Grossman Law Office will fight for a positive result in your claim.
Types of Personal Injury Cases We Handle
The Grossman Law Office can handle a wide range of accident cases. We specialize in the following:
- Motor vehicle accidents, including car accidents, truck accidents, bus accidents, and motorcycle accidents
- Workers’ compensation claims
- Train accidents
- Pedestrian accidents
- Slip and Fall
- Defective Products
- Premises Liability
- Wrongful death
Catastrophic Injury Lawyers in Bakersfield
Catastrophic Injuries typically require numerous surgeries, months of rehabilitative care, physical therapy, and occupational therapy. Lawyers at the Grossman Law Offices have more than 40 years of experience fighting on behalf of Bakersfield residents who have suffered a broad range of catastrophic injuries, including but not limited to:
- Back Injuries
- Traumatic Brain Injury
- Damage to Internal Organs
- Extensive Blood Loss
- Neck Injuries
- Partial or Total Paralysis
- Severe Burn Injuries
- Severe Head Injuries
- Spinal Cord Injuries
- Vision or Hearing Loss
Family members of those who suffer catastrophic injuries generally suffer severe emotional trauma as well, and it is not unusual for them to take time off from work to care for the injured individual. Speak with the Grossman Law Office about the specific statutes that apply to your claim.
Bakersfield Personal Injury Law
Many personal injury laws date back to old “common law rules.” Common law refers to laws made by judges, as opposed to laws made by legislatures or passed in bills and statutes.
The California legislature also passed the following laws regarding personal injury cases:
California Statute of Limitations
The statute of limitations sets a limit on the amount of time you have to file an injury-related lawsuit in California’s civil court system. If you are injured in a car accident and wish to file a lawsuit against the negligent party, you have a maximum of two years in which to do so. Two years is California’s statute of limitations for all personal injury claims.
If you are filing a property-damage claim only, you have three years from the date of the accident to file. However, keep in mind that this deadline falls to six months if you file a claim against a government entity.
Act quickly to make sure you meet your deadline to file because CA courts typically do not hear cases brought after the statute of limitations.
Bakersfield, CA Damage Caps
The State of California also passed laws limiting a plaintiff’s financial compensation. Proposition 213 serves to protect critical defendants in the community, such as hospitals and physicians, from going bankrupt. California can also reduce the reward based on the plaintiff’s actions or inactions.
California also sets a cap on medical malpractice damages. The Medical Injury Compensation Reform Act states that if a medical professional causes injuries in California, the plaintiff can only obtain up to $250,000 in total non-economic damages from the defendant. Speak to a professional attorney in Bakersfield today about how damage caps may affect your claim.
How Our Bakersfield Personal Injury Lawyers Can Help You
The circumstances of your claim will determine if you need a lawyer. If you haven’t suffered any major damages, then you might decide that you don’t need a lawyer. However, hiring legal counsel early can prove beneficial to your case in many situations.
An experienced injury attorney can spare you a lot of stress while avoiding common pitfalls and improving your chances of receiving the full financial compensation you deserve. Some individuals make the mistake of believing they can handle their injury case on their own. Or they mistakenly believe that the insurance company will do all they can to assist them. Insurance companies look to withhold as much money as possible, despite what their policy may state.
Skillful Bakersfield attorneys understand how insurance companies work. If you’re facing one of the following situations, consider speaking with an attorney at The Grossman Law Office today:
Your Injury Was Caused by Someone Else
An injured person’s ability to recover financial compensation under California personal injury law hinges on negligence. That means plaintiffs must prove that their accident was caused by someone else’s recklessness.
Anytime there is evidence of negligence, the insurance company on the other side knows there is a chance that it may have to pay a settlement claim, which is something insurance companies would rather avoid. There are situations where an injured person can recover even if no one else was negligent. For example, with some dog bites in California.
You Suffered Serious Injuries
Serious injuries lead to greater damages and larger insurance claims. When injuries are serious, there’s an even greater chance that the client might miss out on a substantial amount of compensation by attempting to handle things on their own.
The higher the potential financial damages, the more keen insurers will be to minimize their liability and diminish your accident compensation. Insurance companies use their vast financial and legal resources to prevent you from getting what you deserve.
Hiring the right injury attorney will help to level the playing field. We’ll make sure that you receive the large sum of money that you’re entitled to. Call The Grossman Law Office today for a free consultation.
The Insurance Company Contacts You
If an insurance adjuster calls you to ask questions or request documentation, don’t speak with them. Tort law experts recommend that you simply contact your attorney directly.
Insurance companies train adjusters to reduce the company’s losses. This often means offering low settlement awards right after an accident while victims are still shocked and bewildered. Adjusters try to coax accident victims into making statements against their interests.
You don’t have to fall for their tricks. If an insurance adjuster contacts you, they likely believe you have a valid claim. Hiring a skilled Bakersfield attorney can help you overcome insurers’ tricks to win your claim and get the financial recovery you deserve. The sooner you hire a civil lawsuit lawyer in California, the more effective they’ll be at protecting you from being taken advantage of by insurance adjusters.
The Insurance Adjuster Won’t Give You a Fair Settlement
Insurance companies often act in bad faith even if they advertise otherwise. Unfortunately, it is a common practice for some insurance companies to make meager settlement offers. These same insurers can refuse to negotiate fairly with the victim as well.
That’s why you should work with a skilled attorney. Speaking with an experienced attorney can help you determine if you’re getting a fair deal. Settlement negotiations require extensive knowledge of local, state, and federal law.
If you feel uncertain about the settlement you’ve been offered, contact The Grossman Law Office for a free consultation. Our lawyers will help you review your settlement offer to determine if it is fair or not.
You Feel Uncertain or Overwhelmed by the Legal Process
Hiring a Bakersfield injury lawyer can help relieve you of the burden of stress caused by an accident lawsuit. Our knowledgeable attorneys help their clients comprehensively evaluate their claims, anticipate underhanded tactics by the insurance company, and put you in the best possible position to maximize your financial recovery.
How long will a personal injury lawsuit take?
The litigation process involves the following steps:
- Filing a lawsuit
- Trial, if a settlement cannot be reached
Once all of your medical treatment has been completed, and you have been discharged from medical care, your attorney can create a demand package to submit to the defendant’s insurance company. After the insurance company has evaluated the demand package, they will contact your attorney and begin settlement negotiations.
The initial settlement offer is the starting point and is typically low. Once that offer is made, your attorney will negotiate for you while counseling you on the value of your case and advising whether or not you should accept the settlement offer. If settlement negotiations are unsuccessful, a lawsuit will need to be filed.
The attorneys at the Grossman Law Offices have over 40 years of combined legal experience and a proven record of getting results for our clients. The proficient attorneys of Grossman Law Offices will listen as you describe your case and advise you of all your legal options. Contact us at the Grossman Law Offices for a free initial consultation and evaluation of your case.