If you’ve been injured in an accident, then you could be entitled to sue for compensation under California personal injury law. Though your claims may seem straightforward at the outset, many challenges and opportunities are likely to arise as you navigate the lawsuit. That’s why it’s so important to work with an experienced Bakersfield personal injury lawyer who can help you move forward effectively.
Contact 1-800-THE-LAW2 for a free legal consultation with Bakersfield personal injury lawyers in our network.
That being said, if you’d like to learn more about some of the basics of California personal injury cases, then keep reading! We’ll cover foundational issues that could affect your personal injury claim and that you’ll want to know as you move forward.
What sort of claims fall into the personal injury category?
The personal injury category is a catch-all for a variety of different personal injury claims. It encompasses the following:
- Car accident claims
- Motorcycle accident claims
- Truck accident claims
- Pedestrian accident claims
- Aviation accident claims
- Slip and fall accident claims
- Workplace accident claims
- Civil assault and battery claims
- Medical malpractice claims
- Wrongful death claims
- And other claims linked to personal injuries
These sorts of claims are more common than you think (even wrongful death claims!). In fact, car accidents are particularly common, with nearly 2,000 injury-causing and fatal car accidents occurring annually in Bakersfield due to distracted and aggressive driving.
Each of these subcategories have variations, too, and are so complex that there really is no default for what to expect when it comes litigation.
How do you know whether you have an actionable personal injury claim?
Regardless of the particular personal injury scenario that you find yourself in (except for wrongful death), the basic elements that have to be satisfied to have an actionable claim are:
- That you sustained injuries and related losses; and
- Those losses were caused by the defendant’s negligence, recklessness, or intentional misconduct.
Simple, right? Well, not exactly. While personal injury cases may seem simple at first glance, these basic elements can be complicated as you explore them more in-depth.
For example, the defendant may try to argue that while they were negligent (i.e., speeding, etc.), their negligent behavior is not what actually caused your injuries — they might argue that your injuries were preexisting, based on your personal medical records.
What sort of compensation am I entitled to receive after an accident?
After an accident, you can be compensated for any losses that you sustained as a result of the defendant’s negligent, reckless, or intentional misconduct. Claimable losses can vary quite a bit, and may include:
- Lost wages
- Loss of earning capacity
- Loss of property
- Healthcare expenses (i.e., medical bills for whatever comprehensive medical treatment that you received and continue to receive due to the accident)
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
A skilled Bakersfield personal injury lawyer will be dedicated to helping injured clients recover the full extent of their losses, ensuring they receive the compensation they deserve.
Damages are different from case-to-case. For example, if you have particularly fragile bones, then your pain and suffering (and healthcare expenses) are likely to be a lot more significant after a car crash than a “normal” person. As such, your damages claim will naturally be a lot higher. Given the importance of building a well-supported damages claim, it’s key that you cooperate with an attorney to evaluate all the evidence and put together an airtight damages calculation that properly considers all your losses.
Can I still sue for damages in California if I was partially at-fault for the accident?
Yes, you can. California imposes a doctrine known as “pure comparative fault,” which is friendly to personal injury plaintiffs. Basically, under pure comparative fault, an injured plaintiff is entitled to sue for damages even if they are 99 percent at-fault! This aspect of personal injury law ensures that even if you are partially at fault, you can still pursue compensation for your injuries.
Here’s the kicker: though you are entitled to sue for damages, your damages’ total will be reduced by your contribution of fault. For example, if your damages are $100,000, and you are 70 percent at-fault, then you would be entitled to recover a maximum of $30,000. It’s not ideal, but at least you can recover “something.”
How long does it take to settle a personal injury case in California?
Every personal injury case is different, as the facts are unique and the parties involved have different motivations and tolerances. As such, there’s no one-size-fits-all answer for how long a case takes to settle — in fact, not every case will even end in settlement. As you go back and forth with the defendants in settlement negotiations, these can extend for months (or even years in rare cases), all the way up to trial.
The difficulty in settling a case can vary based on a number of factors:
- The hostility of the defendant
- The financial resources of the defendant
- The potential negative publicity that the defendant could be exposed to if the litigation is reported by the media
- The strength of your legal arguments
- The strength of the evidence in favor of your damages arguments
- And more
Experienced personal injury attorneys can navigate these complexities and work towards a timely and favorable settlement for their clients.
How much time do I have to sue for my injury in California?
In California, as in other states, there is a “statute of limitations” deadline period that applies to each of your personal injury claims. If you do not file your claims before the deadline period is over, then you will be deemed to have abandoned or relinquished these claims under the law, and courts will automatically dismiss them — in other words, you won’t have the option to pursue legal compensation. That’s a rather severe consequence, so it’s incredibly important that you avoid delays, manage your lawsuit in a timely manner, and consult an attorney as soon as possible after the accident.
Now, it’s worth noting that many claims have different deadline periods. For standard car accident claims based on negligence, California imposes a two-year statute of limitations that counts down starting from the date of injury. For similar claims involving a “public” defendant (i.e., the City, or some government agency), California imposes a shorter six-month procedural deadline by which some additional filings have to be made.
That being said, if you’ve delayed, that doesn’t necessarily mean that you do not have an actionable claim still — in some circumstances, courts will give you extra time if an exception applies. For example, if you didn’t discover your injuries until a later date, then the deadline period will only begin to run at that later date, giving you some extra time! So be sure to talk to a Bakersfield personal injury lawyer about the possibilities before you just give up.
What can a Bakersfield personal injury lawyer do to help my case?
Personal injury lawyers have a variety of duties, tasks, and responsibilities over the course of litigation. They aren’t just courtroom advocates — despite the fact that popular media has portrayed them as such. When you work with an attorney, they’ll be able to handle the following matters:
- Identifying, gathering, and preserving relevant evidence
- Helping you secure comprehensive medical treatment (and obtain important medical records) that will advance your recovery and strengthen your legal claims
- Communicating on your behalf with the defense, as well as with third parties such as law enforcement officers, insurance companies, and others
- Working with experts and eyewitnesses to develop supportive testimony
- Constructing a persuasive legal argument based on the facts
- Submitting the initial legal demand for compensation
- Negotiating a potential settlement compromise
- Navigating various court hearings and other processes, such as discovery
- Pushing ahead to trial litigation, if necessary
- Securing the payout after it has been awarded
- And more
That’s a lot of tasks! Each aspect of the case has many complexities and challenges, so it’s encouraged that you work with a qualified personal injury attorney early on — that limits the opportunity for mistakes and maximizes the likelihood that you’ll move forward with an effective case strategy.
What is lawyer-client privilege and why is it important?
Attorney-client privilege is an extremely important “confidentiality privilege” that you have access to when litigating claims in California. Essentially, it protects the sensitive communications that you have with your attorney when discussing case strategy and various other aspects of your case. This empowers you — the client — to speak openly and honestly to your attorney, without having to worry about whether those communications could be used to undermine your claims in court.
For example, if you admit to your car accident lawyer that you were going through a difficult breakup at the time of the accident, and as such, that you may have been slightly distracted right before the collision, your attorney is under a legal obligation to avoid revealing that information, as it was communicated in confidence (and in the context of the legal representation). If this information was not protected by the attorney-client privilege, then the defense could potentially force a disclosure, which could undermine your claims.
How much do personal injury lawyers charge in California?
Many people incorrectly assume that hiring an attorney has to be expensive, and is only available to wealthy individuals. They believe that they can’t afford to pay for legal representation. This is simply wrong — in fact, most personal injury lawyers (in Bakersfield, CA, and elsewhere) work on a contingency fee basis.
When attorneys work “on contingency,” they offer to represent you but they don’t take any fees upfront or out-of-pocket. Instead, you agree to give them a percentage cut of whatever compensation they’re able to secure on your behalf — this can range from 25 percent to 40 percent or more.
A law firm that is committed to “client-friendly” work will provide accessible legal services to all clients, regardless of their financial situation — and that entails contingency fees.
If you don’t “win” compensation, you don’t have to pay anything. That’s right, if you don’t win, then you get to walk away with your wallet fully intact. That unburdens you and other plaintiffs from the risk of litigation entirely.
Contingency fee arrangements have the added benefit of aligning the interests of the attorney and the client. Because they’re paid a percentage of whatever you earn as compensation, the attorney is incentivized to work efficiently and effectively to not only get you a “win,” but to maximize your compensation total. After all, the more you get paid, the more they get paid.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in an accident due to the fault of another person (or organization), then you could be entitled to sue for compensation under the law. Many people don’t realize the extent and value of their legal rights — and as such, they don’t bother pursuing their claims until it’s too late. That’s why it’s so important to connect with experienced Bakersfield personal injury attorneys who can evaluate your case and guide you along the various steps in the process toward compensation.
We can help.
Contact 1-800-THE-LAW2 for a free consultation with one of the experienced Bakersfield personal injury attorneys in our network. During this initial consultation, you’ll be able to discuss the details of your case, identify potential avenues for recovery, and evaluate your strategic options with a professional legal representative. There’s no obligation to continue working with the attorney after the consultation, so there’s really no downside to picking up the phone and calling in today for your free case evaluation.
We look forward to assisting you.
