Due to the significant physical, emotional, and financial inflictions of car accidents, California law allows impacted victims to pursue damages by filing car accident claims.
However, because legal representation is not a requirement, many choose to represent themselves or entrust that insurance companies will fairly handle the matter instead of hiring an auto accident lawyer. On the contrary, these alternatives often lead to minimum payouts, overwhelming stress, and a lengthy claims process.
A recent study indicated that the chances of winning a case with the help of an experienced attorney were three times higher than those without representation. Here is how Bakersfield car accident lawyers successfully recover maximum compensation in an auto accident case.
1. Accounts for All Forms of “Damages”
Contrary to the often-simplified explanations provided by insurance companies, injured victims of car accidents are entitled to a broader range of compensation. This is referred to as compensatory damages, encompassing both quantifiable financial losses and emotional and physical suffering. Bakersfield car accident lawyers can recover compensation for the following damages.
Economic Damages
Economic damages refer to tangible financial losses directly attributable to the accident. Common examples include:
- Current and Future Medical Expenses: This includes costs associated with immediate treatment, ongoing care, surgeries, physical therapy, and medication.
- Lost Wages: Compensation for wages that could not be earned while recovering from serious car accident injuries.
- Loss of Earning Capacity: Potential future income may also be compensated in most personal injury cases if victims cannot return to the same field of work.
- Property Damage: Claimants may also recover compensation for costs associated with repairing or replacing damaged vehicles or other property.
These damages are typically calculated based on verifiable documentation, such as medical bills, loss of earnings, and vehicle repair costs.
Non-Economic Damages
Non-economic damages are intangible losses that are more challenging to quantify BUT still qualify for compensation. The right Bakersfield car accident lawyers can help personal injury clients recover the following:
- Physical Pain and Suffering: Physical or emotional discomfort experienced as a result of the auto accident
- Emotional Distress: Psychological trauma, anxiety, and depression stemming from the motor vehicle accident
- Loss of Enjoyment of Life: Diminished quality of life due to physical limitations or emotional distress
- Disfigurement and Scarring: Physical impairments that may impact self-esteem, social interactions, or companionship
Bakersfield car accident attorneys can help assess the value of non-economic damages by drawing on experience with similar cases and considering factors such as the severity of injuries, the impact on daily life, and the long-term consequences of the auto accident.
Punitive Damages
Unlike compensatory damages (economic and non-economic), punitive damages are not intended to compensate the victim for their losses. Instead, they are designed to punish the defendant for egregious conduct and to prevent future wrongdoing.
To be awarded punitive damages, it must be proven that the defendant acted with malice, fraud, or oppression. In the context of car accidents, this often involves cases of drunk driving accidents or reckless disregard for the safety of others.
It’s important to note that punitive damages are relatively rare in auto accident cases, but they may be pursued in certain circumstances, such as those involving serious injuries or wrongful death.
2. Handle Difficult Insurance Companies
Victims are not obligated to speak with representatives from either their own or the other driver’s insurance company. Additionally, there is no legal requirement to provide a recorded statement to an insurance adjuster or agent.
At some point, injuries and damages should be reported, but it’s best to consult with a reputable Bakersfield car accident lawyer first. An attorney can determine the proper time to begin a dialog with the other driver’s auto insurance company and advise what to say.
Insurance companies are businesses with a primary objective of minimizing payouts. As a result, adjusters employ tactics to persuade victims into conversations they are unprepared to handle, leading to unfair settlements or self-incriminating misunderstandings.
Therefore, avoid direct communication with insurance companies, especially if the conversation is recorded.
Instead, experienced personal injury attorneys specializing in Bakersfield personal injury claims are well-equipped to manage interactions with insurance companies. They can provide the necessary information without compromising the strength of a case.
3. Meets Important Deadlines
California law imposes strict deadlines for filing personal injury and property damage claims arising from car accidents. This is referred to as the statute of limitations, and it’s crucial to be aware of these timeframes to ensure your legal rights are protected.
- Personal Injury Claim: Two years from the date of the accident.
- Property Damage Claim: Three years from the date of the accident.
- Claim Against Government Agencies: Six months from the date of the accident.
Why Time Matters for Car Accidents
The significantly shorter deadline for a car accident claim against government agencies highlights the importance of timely action. Even the two- and three-year deadlines for other types of claims can pose challenges.
Building a strong case, gathering evidence, and filing the necessary paperwork requires careful planning and execution.
An experienced car accident attorney can help navigate these complexities and ensure a car accident claim is filed within the appropriate timeframe. By seeking legal advice promptly, the chances of achieving a successful outcome are maximized.
4. Hold the Appropriate Party Liable
To successfully prove someone else’s negligence in a car accident case, four essential elements must be established:
- Duty of Care: All drivers are legally obligated to operate their vehicles responsibly and safely, adhering to traffic laws and being mindful of others on the road.
- Breach of Duty: The defendant driver failed to fulfill this duty by engaging in negligent behavior, such as speeding, distracted driving, or driving under the influence.
- Causation: The defendant’s negligent actions directly caused the accident and the resulting injuries.
- Damages: The plaintiff suffered actual harm or loss, including physical injuries, emotional distress, property damage, and financial losses (e.g., medical bills, lost wages).
Negligence Per Se
In certain cases, negligence can be established more easily through the doctrine of negligence per se. This occurs when a defendant violates a law designed to protect public safety, and that violation directly causes harm to another person.
For instance, a drunk driver who causes an accident has violated DUI laws and is considered negligent per se. In such cases, the plaintiff need only prove that the defendant violated the law and that the violation caused their injuries.
Comparative Negligence
California follows a pure comparative negligence system, meaning that a plaintiff can recover damages even if they are partially at fault for the accident.
However, the plaintiff’s damages will be reduced in proportion to their degree of fault. For example, if a plaintiff is found to be 20% at fault in an accident, their recovery will be reduced by 20%.
Understanding these legal principles is crucial for anyone involved in a car accident. Consulting with a Bakersfield car accident attorney can help navigate the complexities of negligence law and maximize your potential recovery.
5. Ensure the Proper Medical Treatment Is Neccistated
Medical expenses make up the majority of personal injury claim values. Therefore, medical treatment must be completed and accurately documented.
Even seemingly minor car accidents can lead to significant injuries. While immediate pain may not always be severe, it’s crucial to seek prompt medical attention to assess a victim’s current condition and prevent potential complications.
Unfortunately, many individuals hesitate to seek medical care due to concerns about costs. However, working with a reputable California personal injury law firm can alleviate these financial burdens.
Established Bakersfield car accident attorneys can pair clients with the best medical providers in Kern County. This allows clients to focus on their recovery without worrying about immediate medical bills. Common car accident injuries that often require treatment include:
- Back and Spinal Cord Injuries: This results in chronic pain, limited mobility, and paralysis.
- Head Injuries: Ranging from mild concussions to severe traumatic brain injuries (TBIs), head injuries can have lifelong consequences, including cognitive impairment and emotional distress.
- Neck Injuries: Whiplash is a common neck injury that can cause pain, stiffness, and headaches.
- Fractures: Broken bones may require surgery, casting, and physical therapy for proper healing.
- Chest Injuries: Internal organ damage and rib fractures can be life-threatening.
- Soft Tissue Injuries: Bruises, sprains, and strains can cause significant pain and discomfort.
- Psychological Trauma: Car accidents can lead to emotional distress, anxiety, and post-traumatic stress disorder (PTSD).
Serious injuries can have long-term physical consequences, which is why it’s crucial to seek immediate medical attention following auto accidents. Working with skilled personal injury attorneys helps injured clients get the proper medical care they need.
Picking the Right Bakersfield Car Accident Lawyer for Your Case
With so many Bakersfield car accident lawyers to choose from, selecting the right legal representation can be daunting. Here are some key factors to consider when making your decision:
1. Seek Recommendations
Reach out to friends, family, or colleagues who have previously worked with a local personal injury lawyer. However, ensure that the law firm has extensive experience handling similar car accident cases.
Firsthand experiences provide valuable insights into the attorney’s competence, communication skills, and ability to achieve favorable outcomes for cases related to motor vehicle accidents.
Many Bakersfield car accident lawyers offer a no-obligation consultation to meet with potential clients and address any questions regarding their cases.
2. Prioritize Car Accident Expertise
Choose a personal injury attorney with substantial experience in handling traffic accidents. This specialized knowledge is crucial for understanding complex legal issues, navigating insurance claims, and effectively dealing with a difficult insurance company.
A personal injury law firm with a proven track record of success in car accident cases will be capable of recovering fair compensation from the at-fault driver and their insurance company.
Additionally, Bakersfield car accident attorneys will know how to gather essential evidence, such as police reports, medical records, and witness statements, to strengthen a car accident claim.
3. Evaluate Trial Experience
While many personal injury cases are settled out of court, some may require litigation. A Bakersfield car accident attorney with a strong trial background can effectively represent clients’ interests in court and pursue maximum compensation.
By carefully considering these factors, the most qualified personal injury attorney can help clients achieve a favorable outcome.
Our Bakersfield Car Accident Lawyers Can Assist
Horizon Accident Lawyers Can Help with Your Personal Injury Claim
To recover maximum compensation for a car crash that was not your fault, contact an experienced Bakersfield car accident lawyer as soon as possible. Our personal injury law firm can assist. Schedule a free consultation to get started.
Call Us: (661) 432-1671