Negligence is the Basis of Damages Awards

Negligence lawsuits are successful by proving four elements: duty, breach, causation, and damages. People have a duty to behave like a reasonable person would in a similar situation. If their behavior falls below that standard, they have breached the duty. When the breach causes an accident, the parties injured in the accident have a claim for compensation against the negligent person.

Compensation is awarded for economic damages, those that can be calculated, and non-economic, those in which a dollar value is assigned to a subjective loss, such as pain and suffering and for emotional distress. Our Bakersfield attorneys are skilled at winning the most compensation possible for a catastrophic injury.

Accounting for the Emotional and Practical Impacts of a Catastrophic Injury

A catastrophic injury does not just change what you can do. In some ways, it changes who you are and how you move through the world. Victims of severe injuries often face a long and uncertain road: relearning basic tasks, adapting to assistive devices, modifying their homes, and depending on others for care they once handled independently.

For many, returning to the career they built over the years is no longer a realistic possibility, if they can return to work at all. Financial pressure mounts quickly as medical bills accumulate and income disappears.

It is just as important to account for the emotional toll of a catastrophic injury. Depression, anxiety, grief over the life you had, and strained relationships with loved ones are all common experiences. Losing the ability to participate in activities that once brought you joy, or no longer being able to fulfill your role in your family the way you used to, are real and significant losses.

A fair recovery has to account for both dimensions. Economic damages address the concrete financial impact of the injury. These are things like medical expenses, future treatment costs, lost income, and in-home care. Non-economic damages recognize the equally serious but less tangible losses: the pain you endure, the emotional suffering you carry, and the diminished quality of life that follows you long after the accident. Our attorneys fight for compensation that genuinely reflects the full scope of what has been taken from you.

Working With Medical Experts and Life-Care Planners

Understanding what a catastrophic injury truly costs (now, and in the future) requires more than reviewing hospital bills. Our catastrophic injury attorneys in Bakersfield work closely with medical experts and life-care planners to build a thorough picture of how an injury is likely to affect a client for years or decades to come.

Medical experts, including treating physicians and independent specialists, can speak to the nature and severity of the injury, the likelihood of complications, and what ongoing treatment will look like. Life-care planners go a step further, developing detailed projections of the future care a person will need. This might include physical therapy, adaptive equipment, home health aides, and future surgeries. These professionals bring an authority and specificity to the table that is difficult for insurers or opposing counsel to dismiss.

For our clients, this work serves two important purposes. First, it helps ensure that the damages sought in a case reflect the true long-term cost of the injury rather than a lowball estimate that leaves victims undercompensated years down the road. Second, when a case goes before a jury, expert testimony translates complex medical realities into a compelling, concrete narrative. Jurors are better able to understand what an injured person will face in the future (and what it will cost) when a qualified professional explains it clearly and credibly.

Your Catastrophic Injury Questions, Answered

Below, we have provided answers to some commonly asked questions about catastrophic injury.

Does it matter who caused the accident if the injuries are this severe?

California’s comparative fault rules allow for the possibility that more than one party shares responsibility for an accident, which can affect the final damages award. Our attorneys conduct thorough investigations to identify every party whose negligence contributed to the accident and build a case that accurately assigns accountability.

What if the at-fault party does not have enough insurance to cover the full cost of my injuries?

This is an unfortunately common problem in catastrophic injury cases, where the damages involved can far exceed standard policy limits. In these situations, our attorneys look carefully at whether other parties may share liability (a vehicle owner, an employer, a property manager, or a product manufacturer, for example). We also examine whether underinsured motorist coverage or other applicable policies may provide additional sources of compensation. Exhausting every available avenue for recovery is especially important when the costs of an injury are substantial and ongoing.

Schedule a Free Consultation