Bakersfield Personal Injury Lawyer

If you were recently involved in a traumatic accident, you know all too well how comprehensively a serious injury can interfere with both your personal and professional life. While there may not be any way to turn back the clock and prevent your accident from happening in the first place, you could seek civil restitution for the harm it has caused you to experience if you can prove someone else specifically caused it.

This can be a much more complicated process in practice than it might sound, especially if you try to pursue your claim alone. Fortunately, you have assistance available from our knowledgeable Bakersfield personal injury lawyer, who knows how to help people in situations like yours get paid everything they deserve for your damages. Levin & Nalbandyan Trial Lawyers are ready to protect your best interests while you focus on recovery.

Making a Negligent Person Pay for Injury-Related Losses

While there are some exceptions for certain types of accidents, most successful personal injury claims are built around proving someone was legally negligent. This means proving they owed a specific duty of care to the person filing suit and their violation of this duty was the direct and primary cause of an accident that directly caused an injury necessitating professional medical care.

If all these criteria are met, the injured person can demand compensation from the defendant for both economic and non-economic losses they have experienced and will experience in the future due to their injury, including:

Medical expenses
Lost work income, benefits, and working ability
Personal property damage
Out-of-pocket costs for things like wheelchairs and home modifications
Lost enjoyment and quality of life
Physical pain and suffering
Mental anguish and trauma

Our Bakersfield personal injury attorneys can work diligently to maximize the restitution an injured person receives based on their unique needs and circumstances. We could help you seek compensation after a car accident, slip and fall, workplace accident, or another incident caused by negligence.

Types of Personal Injury Claims

A personal injury claim is a demand for compensation made by someone harmed by another’s negligence or carelessness, seeking to recover for injuries and damages suffered. Common types of personal injury claims include those stemming from car accidents, bicycle accidents, workplace accidents, slip and fall incidents, and dog bites.

Negligence or misconduct by medical professionals, leading to injury, can result in medical malpractice claims. Injuries caused by defective products, whether due to manufacturing defects, design flaws, or inadequate warnings, can result in product liability claims. Wrongful death claims are related to the death of a loved one caused by someone else’s negligence or wrongdoing.

A Bakersfield attorney will thoroughly investigate your case, gather evidence like police reports, medical records, and witness statements, and identify all potentially liable parties in a personal injury claim. A lawyer possesses extensive legal knowledge and experience to understand the complexities of personal injury law, advise you, and help you avoid mistakes that could jeopardize your claim.

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WE HANDLE A WIDE RANGE OFPERSONAL INJURY CASES, INCLUDING:

BICYCLE ACCIDENT

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BIRTH INJURY

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BUS ACCIDENTS

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CAR ACCIDENTS

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CATASTROPHIC INJURY

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CONSTRUCTION ACCIDENT

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DOG BITES

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MEDICAL MALPRACTICE

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MOTORCYCLE ACCIDENTS

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NURSING HOME ABUSE

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SEXUAL ABUSE

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How Do I Know If I Have a Personal Injury Case?

You likely have a valid personal injury claim if another party’s negligence or recklessness caused you harm, resulting in injuries and damages. First, the other party must have owed you a duty of care, meaning they had a legal obligation to act in a way that would not cause you harm. Examples include drivers having a duty to drive safely, businesses having a duty to maintain safe premises, and doctors having a duty to provide reasonable care.

Second, the person must have breached their duty of care, meaning they failed to act as a reasonable person would have acted in the same situation. This breach could be an action (like speeding) or an inaction (like failing to fix a dangerous condition). Third, the person’s breach of duty must have directly caused your injuries or damages.

Finally, you need to have suffered actual damages as a result of the injury, which can include medical expenses, lost wages, pain and suffering, and property damage. A personal injury lawyer in Bakersfield could help you understand your rights and options.

Available Damages in a Personal Injury Claim

Several factors can impact your available damages. The type and extent of physical injuries significantly impact the value of a claim. Serious injuries, such as those requiring extensive medical treatment or resulting in permanent disabilities, generally lead to higher compensation. Personal injury settlements also consider the victim’s emotional and psychological trauma, including pain and suffering, loss of enjoyment of life, and mental distress.

The cost and duration of medical treatment, rehabilitation, and potential future medical needs are crucial factors. If the injury prevents the victim from working or reduces their earning potential, compensation for lost income and diminished earning capacity is considered. Comprehensive medical records are essential to document the nature and extent of injuries and treatment.

Police reports, witness statements, and other accident-related documents can help establish liability and the circumstances of the accident. Visual evidence can be helpful in demonstrating the scene of the accident and the extent of property damage. The at-fault party’s insurance coverage limits can impact the amount of compensation available.

The skill and experience of the attorney representing you can significantly affect the outcome of the case. A Bakersfield personal injury attorney will negotiate with insurance companies on your behalf to seek a fair settlement, understanding the value of your case and the damages you have suffered.

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FREQUENTLY ASKED QUESTIONS

WHAT IS A PERSONAL INJURY?

Personal injury cases are some of the most common civil litigation cases—also known as “tort actions” or “lawsuits”—in the United States. They are filed by individuals who have experienced bodily injury, pain and suffering, and sometimes property damage in an accident caused by a negligent third party. These claims can also be filed for intentional harm or defamation of character by a third party.

DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

While you are not required to have an attorney to file a claim, having an attorney can make a significant difference in your claim. A personal injury attorney has a deep understanding of the claims process and can help you navigate the complexities of the law. Your attorney can also help you level the playing field with insurers and can tell you whether you are receiving the maximum compensation to which you are legally entitled.

I HAVE BEEN INJURED IN AN ACCIDENT – WHAT DO I DO NEXT?

If you have been injured in an accident that was no fault of your own, there are steps you should take to ensure you are compensated for costs related to the incident. Taking quick action after your accident can profoundly affect your personal injury claim or lawsuit. After being involved in an accident, you should: Seek medical attention for your injuries, even if symptoms are not immediately apparent. Keep a record of your injuries and note any complications that arise because of your injuries. Report the incident as soon as possible after it occurs. Record detailed descriptions and notes about the facts of the incident. Keep receipts of medication and medical care you received Contact an experienced personal injury attorney in Los Angeles who can help you navigate your claim.

WILL MY PERSONAL INJURY CLAIM GO TO TRIAL?

Not all personal injury claims make it to court. In fact, a majority of injury cases are settled without having to litigate. What’s the difference between a settlement and going to trial? What are the pros and cons of each? There are two ways in which compensation can be awarded to you for your claim: through a settlement or by going to trial. There are pros and cons to each. When your claim is settled, the compensation for your claim is decided outside of court, usually through negotiations between lawyers.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

In California, you have two years to file a personal injury claim against an individual or non-government entity. If the injury is not immediately known, you have one year from the date the injury is discovered. If you’ve suffered injuries from an accident that was caused by someone else’s negligence, you should act quickly to ensure you are able to recover compensation for your losses.

Notifying Insurance Companies

You should notify your insurance company and the responsible party’s insurance company as soon as possible after your accident. Most insurance companies request that you file your claim within 24 – 48 hours after your accident. When you file a personal injury insurance claim, you are requesting that the at-fault party’s insurance pay for the losses you suffered as a result of your accident, and the compensation amount is determined during negotiations. Seeking Compensation You can get financial compensation in two ways: filing a personal injury insurance claim or filing a personal injury lawsuit. Generally, compensation can be sought for two types of damages: economic and non-economic. Economic damages are those with a measurable monetary value, such as medical expenses and lost wages. On the other hand, non-economic damages refer to losses that cannot be easily quantified, such as pain and suffering or emotional distress. It is important to understand the types of damages available in your case so that you can seek compensation for all of your related losses. Soon after your accident, contact a knowledgeable personal injury attorney in Los Angeles who can explain the time limits to you and help you get the compensation you deserve.

ARE THERE PERSONAL INJURY LAWYERS NEAR ME?

Our firm is located in downtown Los Angeles. We can take all personal injury cases based in California.

Getting Around Legal Roadblocks to Recovery

Legal counsel can also play a key role in ensuring common procedural obstacles do not keep an injured person from getting the civil recovery they deserve. Our Bakersfield lawyers can help build and file the strongest possible claim over a personal injury within the filing deadline set by the statute of limitations, which is typically two years after the date the injury occurred.

Legal representation can be vital to fighting allegations of comparative fault. A defendant may make accusations that the injured person is actually the one at fault for causing their injuries through their negligence. If a court agrees with such an accusation, pure comparative fault rules allow the court to reduce the total compensation in proportion to the percentage of comparative fault assigned to the injured person.

Talk to a Bakersfield Personal Injury Attorney Today

Adding a civil lawsuit to your plate after being involved in a serious accident can seem overwhelming, particularly if that accident left you with a severe physical injury. Proactively pursuing civil recovery after being hurt in this way can be essential to protecting your best interests now and into the future.

Our Bakersfield personal injury lawyers can walk you through every step of your lawsuit or settlement demand and tenaciously pursue a favorable final outcome on your behalf. Learn more by calling our firm today.

Schedule a Free Consultation

Bakersfield Personal Injury Lawyer

Making a Negligent Person Pay for Injury-Related Losses

Types of Personal Injury Claims

WE HANDLE A WIDE RANGE OFPERSONAL INJURY CASES, INCLUDING:

How Do I Know If I Have a Personal Injury Case?

Available Damages in a Personal Injury Claim

FREQUENTLY ASKED QUESTIONS

Notifying Insurance Companies

Getting Around Legal Roadblocks to Recovery

Talk to a Bakersfield Personal Injury Attorney Today

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