Have you been injured, and believe that the accident was the result of another’s negligence or malice? Has your injury caused any sort of financial impact? If so, you may be able to file a personal injury lawsuit or seek an out-of-court settlement from the responsible party or their insurance company. Whether you are certain that you have a case, are uncertain about your options, or want to learn more about what a personal injury case actually entails, read more below.
Contact us now to discuss your situation and learn how we would plan to move forward with seeking your damages if you were to work with us. Our history of personal injury lawsuits in Bakersfield shows our proven track record of success, and we will be happy to add your case to our list of victories.
Can I File a Personal Injury Lawsuit?
There are a lot of things that go into ultimately determining if a personal injury lawsuit in Bakersfield. However, the first three questions you must answer “yes” to are as follows:
- Were you in an accident as a result of another’s negligence or malice?
- Did the accident result in injuries?
- Was there a financial impact of your accident?
If you are able to answer yes to these three questions, then you may be able to seek financial payment.
In addition, you must be certain to file your lawsuit before the statute of limitations bars you from legal actions. Even if you believe that your injuries will progress or the circumstances will change, contact us today and we will plan our case to address all issues, current and potential future, as we move forward.
What Are Some Examples of Personal Injuries?
There are many possibilities of situations that will lead to personal injury, provided that there was negligence or malice present in the action that caused the accident. However, there are some that are more common in California than others. Take a look at some common personal injuries, and do not hesitate to contact us whether not you see your situation listed below.
Los Angeles has many cars and drivers, and therefore has many car accidents each year. After a car accident, you will likely be offered a settlement amount by the other driver’s insurance company, and they will act as if this is the best offer you will get. This is not the case, and you can begin negotiations at that point. Be sure that you do not sign anything that the insurance company sends you, because it is their top priority to bar you from any future legal action.
If you are involved in an accident with a semi-truck or 18-wheeler, your process of dealing with the insurance company will be even more complicated than with a passenger vehicle, because of the comprehensive insurance policies and regulations that truck drivers must follow and adhere to.
Slip and Fall
A slip and fall is categorized as a “premise liability” injury, meaning that the party responsible for managing the premise you were on is liable for your injury. This could range from something like a wet floor in a mall that was not properly indicated, a faulty staircase at a government building, or many other things.
In order to file a premise liability lawsuit in Los Angeles, you must be able to prove that:
- The manager was aware, or should have been aware, of the hazard
- The manager had a reasonable expectation to fix the hazard and did not
- You were injured as a result of that hazard
Workplace injuries are often covered by worker’s compensation, but you are restricted from seeking non-economic damages from your employer. Workers’ compensation acts as insurance for injured workers as well as operating as a protective measure for employers. However, we will work with the insurance company to ensure you are fully compensated under their policy.
When you are working with a medical professional, you have a right to expect that they will uphold their duty to you. If they fail this duty, by misprescribing, failing to diagnose or wrongfully diagnosing you, making an error during a procedure, or anything else, you may be able to seek damages for their malpractice.
How Much Is My Personal Injury Worth?
There is no set formula for determining how much a victim should seek in a personal injury lawsuit, but there are some general guidelines and common factors that are included. Your case may include more than the factors listed, or may include less, depending on your situation. We will be able to discuss your own injury in greater detail during a consultation.
Economic damages seek repayment for things with real dollar values attached to them, and are commonly reimbursements. This includes things like medical bills, surgery costs, recovery expenses, or lost wages. In addition, this could possibly include things like long-term disability if you have sustained lasting or permanent injuries that will limit your ability to return to work.
Non-economic damages include things such as pain and suffering, or a loss of your overall ability to enjoy your life as a result of your injuries. While these things do not have an established value attached to them, it is important that they are considered during a personal injury case.
We will work to consider all non-economic impacts you have suffered as a result of your accident, and determine a fair multiplier that we will apply to your economic damages to reach a final amount to seek in the lawsuit. In this way, we will be able to present the judge presiding over the case with a clear scale of your personal injuries, paired with an economic indicator of the severity of your accident.
Contact Us Today
As soon as you are able, contact us to begin the process of filing a lawsuit. We will first work directly with the insurance company and negotiate a settlement, and if we are unable to do so, will file a lawsuit in court. While we are working on restoring your financial stability after your accident, you can focus on physical recovery, and getting your life back on track.