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.
What To Do After a Personal Injury
After suffering a preventable injury anywhere in the Bakersfield area, what you do in the hours and days following the accident is more important than you might recognize, and our attorneys are here to support you during this time.
Immediate Medical Attention
First, the most important thing you should always do is to seek medical attention right away. Some injuries are immediately obvious, and you know you need treatment, perhaps even from emergency paramedics. However, even if your injuries do not seem that severe, you should still ensure you see a medical professional at an emergency room, urgent care, or your doctor’s office.
Once your injuries are diagnosed, you can begin medical treatment, which can often improve your overall prognosis. Helping your physical recovery should always be the top priority.
However, there are other benefits to getting immediate medical care. When doctors diagnose your injuries right away, they create medical records. These records are key for an injury claim, as you must be able to prove a connection between the accident and your resulting injuries. Prompt records make it difficult for insurance companies to question the true cause of your injury.
By seeking immediate medical attention, you protect your health and your legal rights.
Preserving Evidence
If you were able to, you might have gathered evidence at the scene of the accident, such as photos, video footage, or witness information. Make sure you keep all of this evidence in its original form and organize it to bring to your initial consultation with our team.
In addition, the police will hopefully have responded after the accident, or you will have reported it to management if the injuries happened at a business, nursing home, or similar location. You must ensure the information in the official report is accurate, according to your version of events. Often, the reality of what happened can be skewed or glossed over in police or accident reports, so you should review and amend these reports when possible. Our attorneys can assist you in doing so.
Call Our Personal Injury Team Immediately for a Free Consultation
Once your health is stable enough, you should not wait to consult our injury attorneys at Levin & Nalbandyan Trial Lawyers. You can call our office anytime, day or night, and someone will be available to take your call, 24 hours a day.
You can schedule a free case evaluation with a member of our legal team; we will listen to your story, review any evidence you bring, and advise on your legal rights under California law. We could answer any questions and, hopefully, help relieve any stress and concerns you have regarding the legal process and your financial future.
The sooner you reach out, the sooner we begin working on your case.
Follow Your Doctor’s Orders
Again, following your treatment plan and adhering to all restrictions from your medical team helps both your health and your legal case. Not only does it help your recovery, but it also helps prevent insurers from claiming you are not mitigating your losses or taking your injuries seriously.
What Not To Do After a Personal Injury
Just as it is important to take the right steps after an accident, it is vital to know what you should avoid doing. Doing the wrong thing in the aftermath of a personal injury could jeopardize your claim and ultimate compensation.
Do Not Give Insurers In-Depth Information or Recorded Statements
Insurance adjusters or representatives might contact you soon after your accident. They might seem friendly, helpful, and eager to resolve the matter so you can resume your normal routine. Keep in mind that these people work for businesses and aim to protect the profits of the insurance company. They do not have your best interests in mind.
When adjusters ask you to discuss your accident and injuries in detail or give a recorded statement, it is often a trap. They are hoping you will say something against your interests that they can use to reduce or deny your claim. Know that you can politely decline to speak with insurers until you can refer them to your injury attorney. Once you hire us, we will handle all communications with insurance companies to ensure you never say anything wrong or are put in a risky situation.
Never Accept a Settlement Without Professional Legal Review
Insurance companies might also offer you a settlement much quicker than you expect. This might seem like a positive scenario, since the legal process can often take a long time; a fast settlement could ease some immediate financial stress.
However, we urge you to take our advice: never accept a settlement from any party without first discussing it with our injury lawyers. Initial settlement offers are intended to close your claim quickly, which can leave you significantly shortchanged.
A quick settlement offer will not take into consideration your future losses, which might include ongoing medical treatment and lost income if you continue to be unable to work. You might not even know your overall prognosis or whether you can make a full recovery yet. These offers also usually ignore non-economic losses, such as pain and suffering.
It makes sense for insurance companies to undervalue your claim, so they can pay as little as possible. You need a legal advocate who could assess all your past and future losses, both economic and non-economic. A thorough calculation allows us to fight aggressively for the full amount you deserve, even if it requires several rounds of negotiations.
Accepting a settlement that does not cover your losses can be highly detrimental to your future. Once you have signed an agreement, it is often impossible to obtain any additional compensation for your injuries, even if you realize you have accepted too little.
Never risk this outcome. If you are in Bakersfield, trust our negligent injury attorneys at Levin & Nalbandyan Trial Lawyers to accurately value your claim and review any offers. We will never push you to accept anything less than you deserve, as our lawyers are ready to negotiate for more compensation. When insurers refuse to make fair offers after negotiations, we are prepared to take your case to court.
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