Bakersfield Personal Injury Lawyers
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Our Bakersfield Personal Injury Lawyers Can Help You Understand Your Legal Options
Each day when we leave our homes and venture out for school, work, or leisure, an accident can happen that can change our lives forever. A personal injury happens anytime that the actions of an individual or business cause a person harm.
Because of your injuries, you may need ongoing treatment to help you heal completely. In some cases, accident victims do not fully recover. If you get hurt in an accident, you may find yourself struggling to pay medical bills, continue working, care for your family, or just get back to normal.
When you suffer from damages or loss in an accident, you have legal options. Call our Bakersfield injury firm at (888) 488-1391 to schedule a free initial consultation with an experienced personal injury lawyer.
Verdict in a mild traumatic brain injury case involving a motor vehicle collision.– JUDD ROSS ALLEN
What Is Personal Injury?
A personal injury is a harm caused by another person, business, or entity. Personal injuries hurt the mind, body, or emotions of the victim. Any negligent party can be a defendant in a personal injury lawsuit, including people, restaurants, big box stores, corporations, etc.
A personal injury claim is often based on negligence, and having a valid case requires proving four elements. The elements of a negligence claim are duty, breach, causation, and damages. If even one of these elements is not proven by the plaintiff, they will lose their case. Continue reading for a more detailed explanation of each element of negligence.
Duty
Duty is a legal concept. An individual has a duty to act with reasonable care to avoid causing harm to others. All businesses are expected to enforce safety to avoid causing someone injury or damage. For example, all drivers must follow the speed limit to avoid traffic crashes.
Further, store owners should have wet floors marked so that visitors won’t fall and injure themselves while shopping. These are all duties we owe each other and must comply with. Failure to fulfill a legal duty is called a breach of duty.
Breach
A breach of duty occurs when a person or business fails to meet its legal obligation to act reasonably to avoid causing someone injury. A breach does not have to be intentional. A personal injury plaintiff does not have to establish a defendant’s mental state to pursue a negligence claim. The facts of the case will point to a breach of duty. Personal injury lawyers in Bakersfield work to build a victim’s case so that they can substantiate a breach of duty.
Cause
The defendant’s breach of duty must be the cause of the accident, or the plaintiff may not be able to seek damages under negligence. Part of building your case is examining the facts of the case and relating the cause to the injury. Victims typically work closely with personal injury attorneys in Bakersfield to connect the cause with the outcome.
Damages
Damages are any loss, injury, or problem you suffered due to the accident. There are various types of losses. Injury victims may suffer tangible injuries, intangible injuries, or both. Damages include lost income, medical bills, pain and suffering, etc. Damages must be justified before a personal injury plaintiff can seek compensation.
Why Do So Many Accidents Happen In Bakersfield?
The citizens who live in Bakersfield face unique challenges that make accidents more likely to happen in their city. Bakersfield is the largest city in Kern County, California. The city spans over 8,100 square miles. Common industries in the area are oil, farming, and agriculture. These industries tend to have a higher likelihood of personal injury.
When Do I File A Personal Injury Lawsuit?
You have limited time to file a claim or lawsuit for personal injuries in California. Under California law, after a person is hurt, they must observe a statutory time limit for filing a lawsuit. This period is called the statute of limitations. If an accident victim does not file a lawsuit or settle their claim with the insurance company before the statute of limitations ends, they may lose their legal right to pursue compensation.
The statute of limitations depends on the type of injury that you suffered. The following are the applicable statute of limitations for common types of personal injury claims:
- Personal (bodily) injuries must be filed within two years of the date the injury happened.
- Lawsuits for property damages must be filed within three years from the date that the damage occurred.
- Claims in which the victim alleges that the government is responsible for the injury must be filed with the agency that the victim alleges to be responsible for the harm within six months of the injury. The claimant gets six additional months to file a lawsuit in court.
Exceptions To The Statute Of Limitations
Although the statute of limitations is typically a rigid requirement under the law, there are a few exceptions that allow victims whose circumstances fall within them to still pursue compensation for their losses. The following circumstances may affect the statute of limitations in California:
- You Were Under 18 Years Old When the Accident Happened — For example, if you get into a car accident that is not your fault when you are 16, the statute of limitations may be extended.
- You Did Not Discover Your Injury Until After the Statute of Limitations Had Passed — You may see this exception to the statute of limitations used when injuries did not become apparent shortly after the accident. Here, the time to file a lawsuit is extended if there was a reasonable delay in discovering an injury.
- The Responsible Party Cannot Be Found — For example, if you get into a car accident and the responsible party lives out of state, the statute of limitations is extended until the responsible party is found.
Types Of Personal Injury Cases
There are many types of personal injury accidents. If you have suffered an injury due to someone else’s negligence, you may have legal options. The following are the most common types of personal injury accidents.
Traffic Accidents
Traffic accidents may be the most common type of personal injury case. In 2023, there were 40,901 motor vehicle fatalities in the United States, and there were 2.44 million people injured in motor vehicle traffic crashes, according to the National Highway Traffic Safety Administration (NHTSA). What follows are examples of traffic accidents.
Car Accidents
The city of Bakersfield is notorious for its congested roads. Bakersfield drivers also spend a lot of time on the road, logging a total of 4.3 million miles traveled every day. As a result of congestion and time spent on the road, there are many traffic accidents across the state, including 2,000 injury-causing or fatal injuries every year. These crashes are usually caused by distracted driving.
According to the NHTSA, distracted driving has taken the lives of over 3,000 people in 2023. Distracted driving happens when drivers take their attention off the road. A driver is distracted if they operate a vehicle while fatigued, impaired, texting, changing the music, or checking the GPS, etc.
There are three major categories of distracted driving:
- Visual — Taking your eyes off the road.
- Cognitive — Taking your mind off driving, such as by daydreaming.
- Manual — Taking your hands off the wheel.
Motorcycle Accidents
Motorcycle accidents are serious and can lead to serious injuries. Since there is no protective shell on a motorcycle like on other vehicles, you are more likely to suffer serious injuries if you get into a traffic accident. Motorcycle crashes can also be fatal. In 2023, 6,635 motorcyclists died in traffic crashes. Some common injuries that motorcyclists suffer in traffic crashes include:
- Road rash
- Spinal cord injury
- Broken bones
- Traumatic brain injury
- Internal bleeding
- Chronic pain
- Permanent disability
Bicycle Accidents
Bicycle accidents are far too common in Bakersfield. The traffic congestion and the time people spend on the road contribute to the frequency of bicycle accidents across the city. Like motorcyclists, bicyclists can sustain serious or fatal injuries in traffic collisions. Some common causes of bicycle accidents are:
- Driving too close to the shoulder.
- Distracted driving, including driving under the influence of drugs or alcohol, fatigued driving, etc.
- Weaving in and out of traffic.
- Speeding or reckless driving.
- Disobeying traffic rules or riding against traffic.
Pedestrian Accidents
Pedestrian accidents are also common. These kinds of accidents can be deadly for the victim. In 2023, 7,314 pedestrians were killed in traffic accidents across the country, and 68,244 pedestrians were injured in traffic crashes.
People over age 65 are more likely to suffer injuries or death in a pedestrian accident. Kids are also often killed in pedestrian accidents. About 17 percent of kids aged 14 years old or younger were killed in traffic accidents, and 8 percent of kids aged 15 to 20 years old who died in traffic crashes were pedestrians. The risk of serious injuries significantly increases for pedestrians because they are completely unprotected from the impact of a vehicle, motorcycle, or bicycle.
Common causes of traffic accidents include:
- Driver error
- Reckless driving
- Impaired driving (driving under the influence of drugs, alcohol, or other intoxicating substances)
- Speeding
- Fatigued driving
Workplace Accidents
Workplace injuries include any bodily, emotional, or mental harm that occurs in the workplace. Workers’ compensation provides coverage for workplace accidents. Compensation may be available if the injured person is hurt while performing their job duties. A workplace is any location where business is conducted, as defined by the Occupational Health and Safety Administration (OSHA). Examples of where workplace injuries occur include:
- Professional office settings
- Transportation services
- Hospitality
- Construction
- Hospitals
- Schools
- Mines
April 2019: $14M settlement in a traumatic brain injury case involving a defective piece of equipment at a factory.– BRIAN BEECHER
Construction Accidents
Construction accidents are a common type of personal injury case. These workers face danger while completing a project, and pedestrians also may be in danger if the construction company is negligent. Construction accidents are usually caused by the following:
Motor Vehicle Accidents
Many construction sites have company vehicles present. Company vehicles for construction sites are usually large, and an accident with one of these vehicles can lead to a serious injury. A construction worker may be able to seek compensation for a motor vehicle accident on the site or while on the road. Construction companies should only maintain vehicles and adequately hire qualified drivers to operate them.
Structural Collapse
Structural collapse is a significant cause of construction accidents. Construction workers are often tasked with digging tunnels and trenches or working underground. These projects require workers to work in a way that disturbs the structure’s foundation. Structural collapse can happen due to structural weakness in an older building, extreme weather conditions, or demolition projects.
Fires And Explosions
Fires and explosions happen at construction sites. Demolition areas usually have combustible components, including exposed wiring, chemical storage, and leaking pipes.
Electrical Accidents
Electrical accidents may happen on construction sites. There is a major risk of electrocution on construction sites. An electrical injury can be caused by negligent maintenance of construction sites.
Falling Objects
There is a risk of falling objects on a construction site. Construction workers and pedestrians passing the work area are at risk of being hit by falling debris or equipment. Injuries from falling objects can be severe or even lead to the victim’s death. Workers and pedestrians should watch out for objects, including debris, swinging pole cranes, collapsing scaffolding, tools, and falling crane loads.
Equipment Accidents
Misuse of equipment or faulty equipment can lead to devastating injuries or death from a construction site accident. The use of heavy machinery is expected on construction sites. As a result, the risk of injury from heavy machinery may be inherent, but injured workers may still have a claim for damages if the company negligently maintained the tools.
Crush Injuries And When A Worker Is Stuck Between Two Objects
Given the types of equipment on construction sites and the type of work that construction workers do, getting caught between objects and getting injured is a major risk. Being pinned between objects on a construction site can leave the victim with permanent disfigurement, scars, amputation, or may cost them their life.
Overexertion
Construction work requires workers to perform repetitive work for long hours. Repetitive movements can lead to injuries that develop over time. Construction workers may be able to seek compensation for gradual injuries that subsequently develop.
Wrongful Death
Wrongful death falls under personal injury law. Losing a loved one, especially due to another person’s or business’s negligence, leaves family members with questions, grief, and the obligation to take care of their deceased loved one’s final affairs. The sudden loss of a loved one due to the negligence of another is actionable in most states.
Only certain family members have the right to sue for wrongful death. Whether a person can file a wrongful death lawsuit depends on the state’s law. Potential plaintiffs for wrongful death lawsuits may include:
- Immediate family members, including spouses and children, have priority when filing a wrongful death lawsuit.
- If the deceased did not have a spouse or children at the time of death, then more distant family members can sue, including parents, siblings, and grandparents.
- The parents of a child who died in utero may be entitled to wrongful death benefits.
- Some states allow putative spouses, life partners, and financial dependents to file suit and recover wrongful death benefits.
Sexual Abuse And Sexual Assault
Increasingly, people are learning how widespread sexual assault and sexual abuse are in everyday life as more perpetrators of sexual assault are held accountable for their actions. Sexual abuse and assault are devastating types of personal injury, but legal options to pursue compensation for a victim’s injuries are available.
Most people are familiar with the criminal consequences of sexual abuse and sexual assault. Still, there are civil penalties for sexually violating another person. A victim of this kind of personal injury must prove the perpetrator’s identity and the injuries they have suffered as a result of the attack. Examples of injuries that may be recoverable in a personal injury lawsuit for sexual abuse and sexual assault include reduced or loss of enjoyment of life, pain and suffering, current and future medical costs, current and future lost wages, and lost earning capacity.
Nursing Home Abuse
Per data collected by the Centers for Disease Control and Prevention, a nursing home facility may have committed elder abuse if it intentionally acted or failed to act in a way that causes or prevents the risk of harm to the senior citizens that reside in its facility. Examples of elder abuse include:
- Exploitation
- Abandonment
- Neglect
- Sexual abuse
- Emotional abuse
- Physical abuse
Any of the above examples of elder abuse can cause personal injury. A nursing home resident may be entitled to damages if they have suffered any of the listed harm or other damages that amount to personal injury.
Damages or injuries due to abuse that the elderly may suffer while living in a nursing home may include physical injuries, contusions, bruises, cuts, broken bones, sexually transmitted diseases and infections, mental and emotional trauma, and loss of income if the nursing home blocks the resident from accessing their money.
Premises Liability
Every land or property owner must keep their premises safe. The law provides that if a landowner or business owner does not keep their premises safe, they may be liable if someone suffers an injury on their property. A premises liability claim is a negligence case.
A negligence case has four elements, including duty, breach, cause, and damages. Each of these elements must be proven before a person can seek damages from a personal injury. A premises owner does not owe a duty to every person who enters their property. The categories of potential plaintiffs in premises liability cases include licensees, invitees, and trespassers.
- Licensees — A licensee is a person who is invited onto an owner’s land. Licensees have the owner’s permission to be on the property. There is typically an economic purpose for licensees to be on the property. Examples include salespeople. A property, business, or landowner has a duty to warn licensees of any dangerous conditions that are present on their property.
- Invitees — An invitee is a social guest, and there is implied permission to be on the owner’s property. Invitees include your friends, family, and other people who enter your home or people who enter a business to patronize it. An owner has a duty to keep the property safe for invitees. For invitees, owners must take action to check and remove dangerous conditions to help an invitee avoid injury.
- Trespassers — A trespasser is a person who does not have express or implied permission to be on a person’s property or on a business’s land. Typically, a premises owner does not have a duty to protect trespassers. However, if the trespasser is a child, a property owner must take precautions to prevent artificially created dangers like swimming pools.
Types Of Damages Available In A Personal Injury Case
It can be challenging to predict exactly how much money you will need to address your losses from a personal injury accident completely. Mounting medical bills plus lost time at work can lead to a massive bill. Your injuries may be minor and resolved quickly, but in some cases, injuries suffered in accidents can lead to the need for long-term care and sometimes even disability.
A personal injury lawsuit allows accident victims to pursue damages for their tangible and intangible losses. California law allows a personal injury accident victim to recover their economic (tangible) and non-economic (intangible) losses. An experienced Bakersfield personal injury lawyer can help you understand your possible legal options.
Common types of damages available after a personal injury accident:
Economic Damages
Economic damages, also known as special damages, are tangible losses with a specific dollar amount. These damages are more straightforward to justify than other types because most economic damages are apparent. Still, sometimes insurance companies deny injuries even if they are pronounced. Personal injury lawyers help victims in Bakersfield negotiate settlement offers with insurance companies.
Examples of economic damages include:
- Current and future medical bills.
- Current and future lost income.
- Property damage.
- Rehabilitation care.
- The cost of nursing home care.
- The value of disability caused by the accident.
- Lost earning capacity.
- Funeral and burial expenses.
Non-Economic Damages
Non-economic damages are intangible losses that a personal injury plaintiff suffers after an accident. The intangible nature of non-economic damages makes them difficult to quantify. Non-economic damages are also known as general damages. Examples of non-economic damages include:
- Loss of enjoyment of life
- Reduced quality of life
- Pain and suffering
- Psychological trauma
- Embarrassment
- Anxiety and depression
- Disfigurement and scarring
Punitive Damages
Punitive damages are intended to punish a defendant and deter future similar actions. They are rarely awarded. Punitive damages are typically awarded in cases involving gross negligence or willful misconduct.
What If I Am Partially Responsible For The Accident?
There are some circumstances when both parties in an accident are partially responsible for causing the accident. You might think that you cannot seek compensation for your injuries if you are at fault, but that is not true. California is a comparative fault state, so if you get into an accident in Bakersfield and you are partially at fault, you can still pursue damages.
What Is Comparative Fault?
Comparative fault is a comparison of responsibility among parties in an accident. Determining fault usually begins with an investigation by the insurance company. During its investigation, each party’s insurance company will investigate the facts and decide who is at fault. The at-fault party is the party that caused the accident through an action the party took or through inaction. In a comparative fault state, an at-fault party can still seek damages.
In a comparative fault state, a court will determine monetary damages based on the percentage of fault allocated to each party. For example, Driver A rear-ended Driver B, but Driver B suddenly stopped on their brakes. Driver B may be partially at fault for the accident. Under comparative fault laws, Driver B’s recovery is reduced based on the percentage of fault. For example, if Driver B is found to be 25% at fault for causing the accident, the most Driver B can pursue is 75% of their total damages. Additionally, Driver B is responsible for paying 25% of Driver A’s damages.
What Is Subrogation?
Subrogation allows an insurance company to claim expenses it incurred from paying your losses if the other driver is found to be responsible for your damages. It protects your insurance company from paying for losses for which it is not responsible. Subrogation also protects you from paying for injuries and property damage that you did not cause. You pay for damages in the form of increased insurance rates.
How Does Subrogation Affect Me?
First, subrogation helps protect your money by keeping your insurance rates low and by keeping you from paying for damages you did not cause. Suppose your insurance company has the right to seek money from the at-fault party or their insurance company. In that case, you have to cooperate with your insurance company as it attempts to collect the money owed.
- Automobile Insurance — Your auto insurance policy probably has a subrogation clause. The terms of the policy, of course, vary among policies. Still, you are likely required to inform your insurance company about your injury case.
- Workers’ Compensation Insurance — If you are hurt on the job, you may file a workers’ compensation claim with your employer. You have to file your claim soon after the accident. Employers are required by state and federal law to carry insurance to cover workplace injuries for their employees.
- Health Insurance — Your health insurance subrogation policy operates like a vehicle and workers’ compensation insurance. The insurance company wants a guarantee that it will be repaid for any expenses incurred if it pays for treatment while your injury case is pending. In some instances, medical providers may refuse service after a personal injury unless you can show that you have health insurance.
While your health insurance company may pay your bills for treating your injury while pursuing a claim against the party responsible for the accident, the health insurance company generally aims to be repaid. The coverage and the terms of your policy determine the repayment obligation.
The Employee Retirement Insurance Act (ERISA) is an important part of health insurance subrogation. ERISA is a federal law enacted in 1974. ERISA was enacted to protect American workers’ retirement accounts from misuse by fiduciaries. In addition to protecting retirement accounts, ERISA applies to employer-provided health insurance.
ERISA applies to private employers. Employees who get health insurance through their employers may run into issues regarding subrogation after suffering a personal injury. Under ERISA, if an employee of a private employer suffers from a personal injury, their health insurance company pays for their treatment while the claim is pending. In an ERISA claim, your health insurance company typically places a lien on the settlement after paying for your treatment. It claims a right to any monetary compensation you may potentially receive from a settlement or a jury verdict.
What Are The Benefits Of Having A Personal Injury Attorney?
To determine your possible legal options, speak to a Bakersfield personal injury attorney soon after an accident. The following are ways that having a personal injury lawyer working on your behalf can help you as you pursue monetary compensation after an accident.
A Personal Injury Lawyer Can Negotiate On Your Behalf
Resolving a personal injury claim starts with speaking to the at-fault party’s insurance company. After an accident, an insurance adjuster will reach out to you in a letter, over the phone, or sometimes with an email. If, through its investigation, the insurance company finds that its insured caused the accident, an insurance adjuster may offer you a settlement quickly so it can close the case.
The initial offer from an insurance company may not be adequate to cover your injuries and other damages. It may help if you speak to a Bakersfield personal injury lawyer before you accept a settlement offer. Accident victims may benefit from having attorneys who represent them in negotiations with insurance companies.
A Personal Injury Attorney Can Help Assess Your Losses
It is hard to know exactly how much money your personal injury claim is worth. Accident victims who do not have a personal injury attorney protecting their interests risk accepting an inadequate settlement. An experienced accident attorney can evaluate the details of a case to determine its potential value.
Various factors that affect the value of your personal injury case:
Severity of Injuries — Your personal injury attorney will want to sift through your medical records. Your attorney and their team will likely review the notes from your physician and speak with your doctor to determine the severity of your injuries.
Your personal injury attorney can work with medical experts to understand how your injuries affect your life. The information your attorney gathers from reviewing your records and conversations with medical professionals will help them assign an approximate value to your personal injury claim.
- Pain and Suffering — Pain and suffering refer to the damages that are unseen but that you endured because of the accident. Because of their intangible nature, pain and suffering damages are hard to justify, but an experienced Bakersfield personal injury lawyer may help you substantiate the existence and severity of your pain and suffering by gathering crucial evidence.
- Lost Wages — If you suffered injuries that prevented you from working, you might be able to seek compensation for those losses. These can be justified through documents from employers, such as pay stubs, employment records, or proof of income.
- Loss of Companionship or Consortium — When an injury affects a marital relationship, a spouse may have a separate claim for loss of consortium or companionship. This type of loss recognizes the accident’s impact on daily shared activities, emotional support, and the overall quality of the relationship. A careful legal evaluation can help determine how these losses may be addressed in a claim.
A Personal Injury Attorney Can Help You Identify The Potentially Responsible Party
Most accidents are complex, and there may be multiple responsible parties. An experienced Bakersfield personal injury lawyer can help you identify the potentially liable party and seek accountability for your injuries and other losses. To help determine who may be responsible for your damages, your personal injury attorney will investigate your claim to find the root cause of the accident. After the investigation, you and your legal team can build your case based on the evidence gathered.
Remember that it is crucial to identify potentially responsible parties to pursue a claim. A single responsible party may be unable to pay for the entirety of your claim. While they may be liable for your damages, if there are other responsible parties, you may also be able to seek additional compensation against them to cover your losses.
In addition to multiple responsible parties, there may be multiple injured parties. In such cases, the distribution of compensation and liability can be more complicated.
A Personal Injury Lawyer Can Help You Avoid Blame-Shifting
After an accident, the other party may try to argue that your own actions or inaction caused your injuries. A personal injury lawyer can anticipate these challenges and help build a clear account of what actually happened. By conducting an independent investigation, gathering evidence, and consulting experts if necessary, your Bakersfield personal injury attorney can help identify who is truly at fault and explain your legal options.
Negligence Vs. Strict Liability
If an accident victim was able to prove that an individual or business was at fault for their harm, then the responsible party must pay for the victim’s damages. The responsible party is negligent if the plaintiff establishes that the defendant owed a duty to the plaintiff, the defendant breached the duty, the breach was the cause of the plaintiff’s harm, and the plaintiff suffered damages. However, there are cases where you can seek damages even if the responsible party was not negligent.
What Is A Strict Liability Tort?
Strict liability means that a defendant may be liable to pay for injuries regardless of their intention to cause harm to the victim. If an action is a strict liability tort under California law, the victim is not required to establish the elements of negligence.
An example of a strict liability tort is a dog bite injury. Under California Civil Code § 3342, a dog owner must take necessary precautions to prevent their dog from biting another person. If their dog bites another person, the dog owner is strictly liable for any injuries suffered by the victim. A person who is bitten by a dog can seek damages if they were lawfully on the property where the dog bite happened. The dog owner’s liability is created by statute.
Treating dog bite injuries can be expensive and may include long-term treatment and surgery. Along with the physical damage, dog bites can cause psychological harm that can last for a long period.
How Do I Collect My Money After A Settlement Or Jury Award?
A personal injury accident can lead to financial challenges, which is why many people pursue compensation from the liable parties. Sometimes you may face difficulty receiving the money you are owed in your hands when it is all said and done. There are ways to receive the money you were awarded in a personal injury accident case.
You and your personal injury attorney may choose to work with the responsible party’s team to pursue damages. Sometimes all it takes is a letter, email, or phone call to get the money in your pocket. If correspondence between the attorneys does not work, there are other options to help you receive the money you were awarded.
You may need to file a motion in court. Your attorney may choose to file a motion in court to enforce the judgment. These motions typically include details about the procedural history and posture of the case and the amount of the judgment awarded. The motion will ask the court to force the responsible party to pay what they owe to you. The court’s order may even include a timeline for payment or a payment schedule that the defendant must follow.
Another potential way is to garnish the defendant’s wages to recover your judgment. Garnishment is typically a separate lawsuit from the original personal injury claim. An injury attorney in the Bakersfield area can help you if you choose to pursue a garnishment action.
Contact Our Bakersfield Personal Injury Lawyers
Our Bakersfield personal injury attorneys at Arash Law, led by Arash Khorsandi, Esq., have years of experience in injury law. We can help victims across Bakersfield, California, understand their legal options after sustaining injuries in accidents. If you or a loved one has suffered an injury in a personal injury accident, we can help. Call our office at (888) 488-1391 or fill out our “Do I Have A Case?” form to schedule your free initial consultation.
