Bakersfield Traumatic Brain Injury Lawyer

TBIs and Negligence Cases

An injured person and their attorneys must prove the elements of negligence when seeking a monetary award from a jury. Negligence works on the premise that all people have a duty to behave reasonably, and when they do not, they breach the duty. This is simply illustrated by a motorist who breaches the duty to drive safely by drinking beyond the legal limit. If an irresponsible person’s actions cause an accident, and a person is injured because of it, negligence is established.

Our Bakersfield lawyer assesses evidence, including police and medical reports, witness testimony, and surveillance footage, to establish negligence caused a traumatic brain injury. Witnesses may also provide cell phone pictures or videos we can utilize. We leave nothing to chance when advocating for our clients.

Filing Deadline for a Negligence Action

Every state imposes a statute of limitations, which is the deadline a person has to file a civil lawsuit against the party who caused their injuries. An injured person has two years from the date of the accident to file a personal injury lawsuit according to the California Code of Civil Procedure § 335.1.

There are exceptions to this deadline. For example, if the defendant is a government agency, such as Kern Transit, a person has only six months to sue, and other requirements concerning notice apply. Our attorney could ensure a filing is correct and timely.

Proving an Injury with Evidence

Ultimately, your claim will hinge on proving that the at-fault party engaged in some form of negligence, which caused you to suffer a TBI and to experience the immense losses that come with it. This requires evidence that you can count on your focused Bakersfield TBI attorney to carefully gather. 

The kinds of evidence that are likely to play a critical role include all the following:

• The testimony of eyewitnesses
• The photographic evidence captured by onlookers, security cameras, traffic cameras, and dashcams – as applicable
• The accident report or police report
• Physical evidence from the scene of the accident
• Your doctor’s report regarding your diagnosis and prognosis
• Your medical bills 
• Your medical records
• Your own account of how your traumatic brain injury has affected your life physically, financially, and emotionally
• The testimony of those who know you well regarding how your life has been affected
• The expert testimony of professionals in fields that relate to TBIs or accident mechanics
• Professional accident reconstruction models that provide a visual of how the accident happened
• Evidence of your earnings before the accident and after
• Any evidence that speaks to a loss in your earning potential, such as if you have lost your job or are no longer able to perform your work duties 

Suffering a TBI as a result of someone else’s negligence comes with dire consequences, which makes bringing a solid claim of critical importance.

Steps to Find a TBI Attorney in Bakersfield

The losses associated with TBIs are so significant that you should not proceed without skilled legal representation supporting you. Finding the right Bakersfield TBI lawyer for the dire position you find yourself in can feel out of reach, but several tips can make the process far less stressful. 

Ask Around

A great place to start when it comes to finding a knowledgeable TBI attorney is with word-of-mouth. If you have a trusted family member, loved one, or friend who achieved excellent results with a specific firm or lawyer, talk to them about it. Simply discussing your concerns with someone who has experienced something similar may be all the motivation you need to do some investigating. 

Search Online

Another great resource when it comes to finding an experienced TBI lawyer who is a good fit for you is the internet. Most firms have websites that reflect who they are. Taking a look at all the following can help point you in the right direction:

• Client testimonials
• Attorney bios that share their legal focus and their approach to challenging TBI claims like yours
• Firm blogs that address claims involving TBIs and other catastrophic injuries 
• Case results

Consult with Your Potential TBI Lawyer Early On

The path forward toward a fair settlement is both legally and emotionally challenging. This makes it important to find someone you are comfortable opening up to and who inspires confidence in their abilities. The only way to ensure that you are on the right path is by speaking to your candidate personally.

The kinds of questions you should ask include the following:

• How much experience do you have handling claims like mine?
• What kind of results did you achieve?
• Do you have the time necessary to do my claim justice?
• Will you be handling my claim or will it be passed to someone else?
• How is my claim likely to be resolved?
• What can I do to strengthen my claim?

If your consultation inspires a sense of relief, your efforts have paid off, and you have found a good fit.

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A Bakersfield Traumatic Brain Injury Attorney is Crucial to Your Case

Traumatic brain injuries are catastrophic by definition, and they alter your future. You only have one chance to secure an adequate insurance settlement or damages award. Make the most of it, and hire the attorneys who believe fair and just compensation is your right.

You are not a number to our firm. A Bakersfield traumatic brain injury lawyer will commiserate with you and assess your long-term needs before negotiating a settlement or filing a lawsuit. Call today so we can get to work as your advocate.

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