Need? Not necessarily–BUT, do not assume that because you were not at fault the insurance company will play fairly. Their job is to protect the company; this means reducing spend, regardless of who is responsible for causing the car accident. Conversely, the role of car accident attorneys is to protect their clients from being taken advantage of and get them the maximum compensation for their injuries.
So, no, you do not need to hire a personal injury attorney for your car accident case, but please strongly consider the many ways that doing so will benefit you.
Top 4 Advantages Bakersfield Car Accident Lawyers Provide
When working with the best personal injury law firms they can offer numerous benefits. The most common advantages a car accident lawyer in Bakersfield, CA provides include the following:
1. Maximize the Car Accident Settlement
Many clients we have worked with are surprisingly shocked to learn that their personal injury cases hold much higher value than what the insurance adjusters initially valued them at. This is because insurance
companies typically only account for vehicle repair costs and some medical expenses.
Victims are entitled to any sustained damages stemming from the accident. Therefore, a Bakersfield car accident lawyer can get them compensated for much more than they realize. This includes:
- Lost wages: This type of financial loss is caused by the victim missing work while recovering from car accident injuries. If a permanent injury was sustained, preventing the victim from returning to work, compensation for loss of earning capacity may also be available.
- Pain and suffering: Considered a form of non-economic damage in a personal injury claim, this can compensate for the physical and mental anguish experienced as a result of the car accident.
- Property damage: The at-fault party’s car insurance company typically covers damaged property, including the vehicle and other items destroyed in the car crash, like a cellphone. Generally, compensation is the difference in the worth of an item before and after the accident.
- Medical expenses: Medical-related expenses are a common type of economic loss in car accident claims, as car accident injuries can be life-changing. This accounts for current medical treatment, like ambulance fees or an emergency room visit, as well as future medical treatment, like physical therapy or in-home assistance.
- Emotional distress: In a personal injury claim, mental trauma can be claimed in addition to physical injuries, as it can be just as damaging. This can include post-traumatic stress disorder (PTSD) or mental anguish caused by changes in the victim’s life.
- Punitive damages: This is not meant to compensate the car wreck victim. Instead, it’s meant to punish particularly egregious behavior. A judge or jury will decide if punitive damages are applicable.
2. Prove Fault by Demonstrating the Other Party’s Negligence
When it comes to personal injury law, or “tort law,” which is when one person’s actions cause harm to another person either intentionally or negligently, there is a legal process to prove that the defendant is responsible for causing the car accident.
Without the proper legal knowledge, this will be challenging. A personal injury attorney can assist by proving the other party’s negligence. This consists of establishing four essential elements:
- Duty: The other party owed a duty of care not to jeopardize the health and safety of others. In a car accident, drivers owe a duty of care to other motorists, bicyclists, pedestrians, and other road users to operate their vehicles safely.
- Breach: The other party breached the duty by engaging in unreasonably dangerous conduct. Examples include distracted driving, texting while driving, or running a stop sign.
- Causation: The breach must have directly caused the accident that led to the injury. For example, if a driver fails to stop at a pedestrian crossing and hits someone, the victim’s injuries were caused by the driver’s action.
- Damages: Economic and/or non-economic damages were sustained. Common examples include serious injuries, medical bills, property damage, lost wages, and pain and suffering.
Bakersfield car accident lawyers can prove these elements to get clients maximum compensation for their sustained losses.
3. Help When: Car Accident Claim Is Denied or You’re Accused of Fault
An insurance company denying a car accident claim does not automatically indicate that compensation is unattainable.
Insurance companies will reject personal injury claims due to insufficient evidence, disputes regarding liability, or disagreements about the claim’s value. Additionally, there are instances where insurance companies incorrectly assert that accident victims are at fault for the car accidents.
However, working with Bakersfield car accident lawyers prevents insurance companies from capitalizing on these tactics and is instrumental in establishing their clients’ innocence.
An effective strategy employed by car accident lawyers is to meticulously review evidence and witness statements, identifying the actual cause of the accident to determine liability. If needed, they may engage accident reconstruction experts to provide further support.
Comparative Negligence
Even when the victim is partially at fault for an accident, compensation may still be recovered. California’s comparative negligence laws pertain to two or more parties sharing legal responsibility for an accident, including those seeking damages.
Because California is a pure comparative negligence state, even if a plaintiff is 99% at fault, they can still file a personal injury claim for financial compensation at a reduced rate based on his or her assigned percentage of fault.
For example, if a plaintiff is 20% at fault for an accident that caused $100,000 in damages, they would only receive $80,000 in compensation.
Keep in mind that if fault is shared, insurance companies will be adamant in putting as much blame on the victim as possible. However, car accident lawyers will thoroughly review details of motor vehicle accidents, gather evidence, and present valid arguments to reach a fair settlement in comparative negligence cases.
4. Legal Expertise in Aggressive Negotiations
A significant advantage Bakersfield car accident attorneys offer is their ability to provide guidance and support throughout the legal process. This ensures a case is appropriately managed and allows personal injury victims to focus on their recovery.
A dedicated law firm will meticulously analyze car accident cases and offer informed advice on the optimal course of action to recover compensation. They can also manage all communications with the insurance company, preventing clients from making mistakes that could jeopardize their personal injury cases.
Having an experienced car accident attorney present for settlement negotiations leverages legal expertise to secure a fair outcome and evaluate the value of personal injury claims to quantify all damages.
If the insurance company refuses a fair settlement, car accident lawyers can file a personal injury lawsuit and take the case to court. Because they perform an extensive evaluation, they can advise if litigation is necessary. The reassurance an experienced Bakersfield car accident lawyer provides is invaluable.
Car Accidents That May Not Require a Car Accident Lawyer
If vehicle damage with minor to no injury was sustained in an auto accident, professional legal representation may not be needed. Instead, going through insurance should be sufficient.
However, regardless of apparent harm, seeking medical attention following a car accident is always advisable. Some injuries, like traumatic brain injury (TBI) and internal bleeding, can go undetected and result in death if untreated.
While the services of Bakersfield car accident lawyers are not always needed, consulting with them and asking key car-related questions can still be helpful. Horizon Accident Lawyers can address potential clients’ questions during a no-obligation consultation.
What To Do After a California Car Accident
To ensure well-being is not compromised and preserve a claim’s full potential, there are general steps to take following a motor vehicle accident, including the following:
- Check for Injuries: Immediately assess the situation and move to safety. Call 911 to report the accident and request emergency medical attention if necessary. Get a copy of the police report; it will help with insurance claims.
- Seek Medical Attention: See a doctor, even if injuries are not apparent; this should never be skipped. Retain all medical bills and medical records, including diagnosis and treatment plan.
- Obtain Evidence: Get the names, contact details, insurance information, and vehicle information of other drivers involved and witnesses. Also, document the accident scene by taking pictures or videos of any damage, injuries, and road conditions.
- Report to Your Insurance: Regardless of assumed fault, the accident must be reported. Inform that an accident occurred, then pass along the other party’s contact and insurance details. No additional information needs to be shared.
- Consult a Lawyer: Even if representation is uncertain, consider talking to Bakersfield car accident lawyers. They can clarify any legal concerns, assist in dealing with insurance, and advise how to best proceed.
Every car accident case is unique, so some car accidents will require additional action in order to recover compensation. To confirm you are on the right track, consult with a Bakersfield car accident lawyer for assistance.
Why Car Accidents Are So Common in Bakersfield, CA
While Bakersfield is not one of the largest cities in California, it does possess some frequently trafficked highways, as well as dangerous intersections, such as Ming Ave. and New Stine Rd. and Gosford Rd. and Ming Ave., amassing 77 car crashes since 2011.
Southern California, in general, experiences a high rate of car accidents, often attributed to the overall population and reckless driving. The most common causes of car accidents in Bakersfield, CA include:
- Drunk driving: Driving under the influence (DUI) of any substance, like drugs or alcohol, leads to drunk driving accidents.
- Distracted driving: Texting, applying makeup, eating, drinking, or any activity that removes attention from the road is a form of distracted driving.
- Reckless driving: Speeding, weaving through traffic, not signaling, tailgating, or failing to operate a motor vehicle safely can cause a serious car accident.
- Running signs and lights: Not coming to a complete stop at stop signs or running through red lights commonly causes pedestrian accidents, bicycle accidents, and car crashes.
- Driver fatigue: Just as dangerous as driving while intoxicated, operating a motor vehicle while fatigued can cause an auto accident.
Bakersfield car accident lawyers will handle every aspect of the personal injury case, from investigation to negotiation to settlement and trial if necessary.
For Help, Contact Horizon Accident Lawyers
It is advisable to consult with a Bakersfield car accident attorney following a crash, even if injuries do not seem apparent. Some injuries manifest days, weeks, or even months after the incident. If too much time passes, your case may become jeopardized.
Additionally, conditions like whiplash or traumatic brain injuries may not have immediate, noticeable symptoms but can have long-term health consequences.
Horizon Accident Lawyers is a top-rated personal injury law firm located in Bakersfield, CA. We can assist in getting you the necessary medical treatment for a speedy recovery and dedicate our work to obtaining maximum compensation on your behalf.
Schedule a free consultation with our Bakersfield car accident attorneys to learn more about our award-winning services and how we can apply them to get you justice.
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