Bakersfield Car
Accident & Injury Attorneys

Not all accidents will result in a lawsuit or claim for damages, but when you suffer injuries because of the negligence of an individual or other party, you may qualify to pursue compensation under the law. Personal injury law provides a path for aggrieved victims to seek recovery for the losses they have incurred at the hands of another party.

Personal injury law provides an avenue toward relief for individuals who have sustained avoidable or preventable injuries due to the actions (or inaction) of another party. To successfully recover for the damages you have sustained in an accident, you must show that a party’s negligence caused your injuries. To establish negligence, you must prove that certain elements existed at the time of your accident.

To succeed in your personal injury claim, you must establish:

1. That the at-fault party owed you a duty of care, whether an individual, a business, an organization, or multiple parties.
2. The at-fault party breached that duty of care. The breach may occur through direct or indirect action or a complete lack of action when some action would prove necessary or appropriate to protect the duty of care owed.
3. You have sustained injuries or damages. To prove negligence, you must prove not only that the at-fault party engaged in reckless actions, but also that those actions caused you specific harm. If you somehow wound up unaffected by the breach, you would have no standing to recover under the law.
4. The party’s breach caused your injury and damages. You must establish a causal link between the party’s violation of its duty of care to you and the injuries suffered to successfully establish negligence under the law.

Personal Injury defined
When the subject of personal injuries are discussed most people immediately think of auto accidents. However, there are numerous other cases that would fall under personal injury. These include injuries you suffer from another’s personal negligence or malice. This can include animal attack, such as those from an unsafe dog. Also, if you are injured on another’s property they can also be held accountable. Examples of this can include an unsafe yard on personal property or a wet and unmarked floor in a business.

Personal Injury: Time Limits
In the state of California there are limits to the amount of item you have to file a lawsuit to recover damages from a personal injury. In a personal injury case in California you have two years from the time of injury to file a lawsuit. Remember if you are injured by another’s negligence it is important to get the lawsuit properly field because once you are outside of the two year window the court system will likely refuse to hear your case.

However, the statue of limitation for filing is much shorter if the entity in question is the state of California. A lawsuit against the state can relate to issues with cities, counties, or government agencies. An example of this may be you’re injured in a fall on a public sidewalk that was badly maintained. In cases such as these you only have six months to file the proper claim paperwork to receive a court hearing and possible compensation for your injuries.

Personal Injury: Shared Fault Laws
In California there is a concept of shared fault. The best way to explain this is that you may hold some responsibility for your injuries. For example, if you’re badly injured in an automobile accident your actions while driving will be taken under consideration. While someone running a red light and striking your car would be held mostly at fault if you were driving ten miles over the speed limit at the time of the accident that will also be taken into consideration. Do note that at fault laws don’t mean a 50/50 split. You may be found completely innocent of fault in some cases or your fault may be considered very minor. In such cases, you may have to pay for a small percentage of the total cost of your injuries. This can include medical bills and lost wages.

Personal Injury: Limits On Damage
There are certain cases in California law where there are hard limits on the amount you can recover for injuries. Here are two examples. In cases where an uninsured driver is injured by another’s negligence they cannot recover monetary damages for non-economic damages i.e. pain and suffering. There is only one situation where an uninsured driver can recover non-economic damages. These are cases where the at fault party was under the influence and received a DUI conviction for events directly related to the accident the uninsured driver is seeking damages from. Another area where there is a hard cap on damages are those concerning medical malpractice. The law in question that places monetary limits on non-economic damages incurred from medical malpractice suites is the Medical Injury Compensation Reform Act (often abbreviated as MICRA). While pain and suffering is recoverable in malpractice cases the limit is set at $250,000. Remember this limit is not placed on economic damages but on non-economic ones such as pain and suffering, disfigurement, and inconvenience.

Why You Need An Attorney
As you can see personal injury law is complex and can cover a wide range of sources. When you’re injured you have a right to recover compensation for lost wages, medical expenses and injury costs. Whenever you are injured due to another’s negligence one of the first things you should do is hire an attorney as soon as you are able to. The proper paperwork must be filled and a skilled legal expert must do necessary research as soon as possible. This assures you will receive the compensation that you are justly due under California law.

Accidents can happen at any time and anywhere. How an accident occurs will hold great weight in whether you have a valid claim for compensation under the law. The law does not limit the scenarios or situations that qualify an individual to seek compensation under the law. If you can show that a party’s negligence caused your harm, you may qualify for compensation for all of your losses.

Some of the most common personal injury claims stem from the following types of accidents:

• Motor Vehicle Collisions – Car accidents constitute one of the most common examples of personal injury claims and lawsuits. With many distracted and reckless drivers on the road, negligence often results in serious accidents.
• Large Truck Accidents – Semis and other large trucks pose a risk to the public due to their large size and the behaviors of the drivers that can put other vehicle occupants in unnecessary danger. Prolonged hours on the road, inexperience, and other factors can contribute to a truck driver’s negligence and result in serious injuries to other drivers on the road.
• Motorcycle Crashes – Motorcycles get a bad reputation, and many people quickly assume that the motorcyclist’s actions caused any accident that involves a motorcycle. However, statistics show that the majority of motorcycle collisions result from other negligent drivers that impede a motorcycle’s path and provoke a wreck.
• Catastrophic Injuries – Accident injuries can range from minor to fatal. However, a catastrophic injury can change the life of a victim and their capacity to function and lead a fulfilling life. For many survivors of catastrophic injuries, their care will last a lifetime, and they may need daily assistance for the rest of their lives. These particular cases can result in significant damages due to the current losses suffered and the long-term costs that will accumulate throughout a victim’s life.
• Wrongful Death – The passing of a loved one always proves difficult, but when your loved one suffers a preventable death caused by the negligence of another, you may qualify to recover compensation under the law for the unexpected death of your loved one and the expenses and damages related to the loss.
• Premises Liability – If you sustain injuries, the property owner may face responsibility for your damages. Private property owners owe a duty to maintain safe grounds for all they welcome onto their properties. If a specific failure contributed to an accident in which you suffered harm, you may qualify to seek compensation through an insurance claim or lawsuit.
• Product Liability – Defects in the manufacturing or distribution of products can unknowingly create a danger to the public. If you sustain injuries due to a defective product through no fault of your own, the company or companies involved in the production of that item may bear liability for your injuries and losses.
• Abuse of Elders or Neglect – You trust a nursing home or rehabilitation center to care for your loved ones with compassion and professionalism. When this care falls short and causes injury through either neglect or purposeful abuse, you can seek justice and compensation from the at-fault party.
• Medical Malpractice – We all turn to doctors for treatment and solutions to our health concerns. When their care breaches the duty owed to you as a patient, and you suffer injuries as a result, the doctor may bear liability for the damages caused. Malpractice injuries can result in disability, chronic conditions, and lifelong discomfort for a patient.
• Other Accidents Caused by Negligence – Any accident caused by the actions of another could serve as the basis for a personal injury claim or lawsuit. If you or a loved one sustains injuries due to the fault of another person or entity, you may qualify to pursue compensation under the law.

Liability for personal injury cases will indicate who bears responsibility for paying for the losses and injuries you have sustained. While an at-fault party may constitute the primary liable party, many other parties can also face liability for your damages. Through a settlement or lawsuit, a court or insurance company will assign all parties that contributed a negligent act that resulted in your injury a percentage of fault. This will allow a victim to seek compensation for the full cost of the injuries, based on the calculation of damages and fault.

Liability for personal injury cases may include one or more of the following parties:

• The individual at fault
• An employer
• A business, company, or another type of organization
• A doctor or other healthcare professional
• Property owner
• Manufacturer or distributor of a product

When victims suffer injuries in an accident, they should focus on their health and recovery. However, a personal injury victim may soon feel consumed by stress and worry regarding the financial consequences and impacts that stem from the injuries suffered in the accident. The law delineates the type of damages that injured individuals may qualify to pursue under the law. Damages in a personal injury case can include both economic and non-economic damages.

Economic Damages

These damages include the losses that many victims first consider: the financial expenses and costs of the injuries they have suffered. These damages constitute tangible monetary losses that you can easily estimate and calculate based on specific evidence, such as bills, receipts, and other records.

In California, the economic losses in a personal injury case most commonly include:

• Medical expenses – All costs associated with the emergency care and treatment of your injuries inclusive of rehabilitation and any necessary therapy.
• Income losses – Lost wages while you recover from your injuries as well as any impacts on your ability to fulfill your work duties and meet the obligations necessary.
• Property damage – Some personal injury cases can include damage to your personal property that occurred during the accident. If you also sustained damage to your property, you should include that in your claim and/or lawsuit.

By working with the personal injury lawyers at The May Firm, you will receive a better understanding of the damages you are entitled to recover once we review your specific case.

Non-Economic Damages

Not every loss you suffer involves an exact monetary value. In fact, some of the most impactful and traumatic losses don’t relate to your finances at all. These non-economic losses include the damages you suffer to your way of life. Each victim suffers different non-economic damages. The experience of one victim will not necessarily reflect that of another, and the impacts of an injury to a person can involve many layers that affect how you live and enjoy your life.

Non-economic damages in a personal injury case can include:

• Pain and suffering – Serious injuries often prove painful as they occur and throughout recovery. Treatments, surgeries, and other procedures can exacerbate that pain and discomfort in a victim. The suffering you endure after an accident can result in compensation in an injury claim or lawsuit.
• Emotional and mental trauma – The events of an accident and its aftermath can cause intense trauma, emotional distress, and psychological impacts that affect a victim’s day-to-day life and future. The distress that you suffer to your emotional and mental wellbeing from an accident can result in compensation in the form of money in a personal injury matter.
• Loss of quality of life and enjoyment – Your personal life experience is unique to you. When your ability to enjoy your life as you did before the accident or your quality of life goes down because of your injuries, you can seek these often irreparable damages as part of your personal injury claim. Although no amount of money can make up for the losses you’ve suffered, a claim or lawsuit allows for you to receive compensation for the unfortunate and tragic effects that the accident and your injuries have had on your life now and in the future.
• Loss of consortium – The family of personal injury survivors can also suffer losses due to an accident. In many cases, the family may need to provide for your primary care and well-being. The relationship that your family members once enjoyed with you may change forever because of an accident. These family members may qualify for compensation for the loss of relationship and companionship that has resulted from your injuries.
• Wrongful death – If your loved one died in a preventable accident, your family may face not only a deep emotional loss but also unexpected financial hardship. In a wrongful death claim, the surviving family members of a loved one that has died in an accident caused by negligence may qualify to pursue compensation. Monetary compensation can include the losses of financial contribution to the family unit as well as funeral and burial expenses.

After a personal injury occurs, injured individuals have a very narrow window in which they can take legal action against the parties responsible for the injuries and damages. This time window constitutes the statute of limitations. Each state sets its own rules on how long plaintiffs have to file for recovery of their losses from a negligent party. In California, the statute of limitations gives a claimant only two years from an accident to initiate a lawsuit against a responsible party.

Any claimant that fails to file in the time required by the statute may lose the right to pursue any financial recovery. While two years may seem like a long time, it can pass quickly when a personal injury matter proves complex. Ultimately, your attorney will work to settle your case out of court, but if that proves unviable, you may need to file a lawsuit to protect and preserve your rights to recovery.

If you or a loved one sustains injuries at the hands of a negligent party, you could qualify to pursue compensation.

Contact The May Firm’s Bakersfield personal injury attorneys for a free consultation to discuss your case and your legal options.

The May Firm offers clients a free, no-obligation initial consultation. During our first discussion together, our experienced personal injury attorneys will take the time to ask you questions. We will ask for details regarding the accident that led to your personal injury, in addition to information about the injuries you suffered due to the accident. The questions are asked in an effort to determine the viability of your case. If we determine that you have a solid case, we will help you gather police reports, photos, wage loss information, billing statements and medical records, all of which will help us build a solid foundation for your specific case. 

There are two ways you can recover damages from a personal injury claim: through a settlement outside of court or through a lawsuit taking place in court. There is no way to tell from the beginning of your case if your case will go to court or not. However, it is typical for personal injury cases to settle outside of the courtroom. The personal injury attorneys at The May Firm will work diligently to negotiate a settlement in your favor before pursuing action through the court system. No matter what happens, the attorneys at The May Firm will fight hard on your behalf to ensure you are appropriately compensated for your injuries. 

There are many scenarios when an injured person is advised to pursue a personal injury case. In most cases, proving negligence on the part of the person who is liable for the injury would be the most effective legal basis. If you have been injured by somebody else as a result of negligence then you are more likely to have a case. However, it is not always as easy as it may sound even if your injuries are obvious. It may take a lot of work and consideration to establish that the person at fault or the defendant has indeed caused you harm by being negligent. If you need legal advice on a personal injury case, you should contact a personal injury attorney. By doing so, you will be able to discuss with a professional any questions and doubts you may have about the entirety of the process and what to expect.

In California, most personal injury cases usually arise from traffic accidents, medical malpractice, defective products and many others. Notice that in these scenarios, negligence is a possibility on the part of the defendant. This is due to the fact that drivers, medical practitioners and manufacturers all have safety standards they need to follow to avoid inflicting harm against others. And so, when things go wrong and someone gets injured, then somebody else must have been careless in following the safety standards and should therefore be blamed. This is how you, with the help of a lawyer would initially go by in proving negligence. Once it has been proven that there were existing standards and that the defendant failed to comply with at least one of them, then the next step is to show that you suffered injury as a result of the defendant’s misconduct.

Say you have been in a serious car accident that caused injuries to your physical being and damages to your car. You would have made it safely to your destination but because somebody decided to drive beyond the speed limit and failed to follow traffic signs, that driver ended up crashing into your car causing damages, pain and suffering. So how do you and your personal injury attorney actually work towards proving negligence in court? You will need to gather relevant information regarding the accident to substantiate your statement against the defendant. You need valid evidences supporting his wrongdoing such as the following:

• Eyewitness: This person should have witnessed the incident and is voluntarily offering to show up in court. If this eyewitness does not agree to show up in court, try to ask for a written statement of what he or she has witnessed during the incident. This will help a lot in proving negligence.
• Police Report: During the accident, a cop would usually show up at the scene especially if it is a serious one. He/she will fill out the accident report form containing the personal information of all parties involved and a brief statement of his professional view on the circumstances of the accident. It may also include any traffic violation committed that might have caused the accident. You may secure a copy of this report at the police station and present it to support all other evidences you may have gathered.
• Photographs and Visuals: Any photographs taken at the scene during the accident is a good form of evidence. You may also present photos of the damages to your vehicle and any marks or bruises left on your skin after the accident. Additionally, you may create a diagram displaying what happened at that time like which part of the road you’re on and from where did the defendant’s car come to hit you. You may ask permission from the judge to present these as evidence.
• Medical Records: One of the most important things that you should not forget is getting seen by a physician right after an accident. This is primarily intended to maintain your well-being but at the same time, serves as a valid documentation that you can present in court because it will clearly prove your claim for injuries given that your medical report time stamps correspond to your police accident report date stamp.

Evidences presented in court play an important role in establishing the fault of the defendant. Make sure to present evidences that do not work against your claim especially statements from both your witnesses and the police otherwise, do not present them at all and let your attorney look for other available options to help you win your case. Remember that only a skilled personal injury attorney can increase your chances of recovering all your losses including damages to your car, hospital bills, and even lost wages so make sure to hire someone who is experienced particularly in the California state court system. 

A statute of limitations is a time limit placed on action taken in a personal injury claim. In the majority of cases, after the statute of limitations expires, you can no longer seek damages or other compensation through a personal injury claim. For a typical personal injury case, you will usually have to take action within two (2) years from the date of the accident in order to remain within the statute of limitations. However, the statute is different for medical malpractice claims and for cases against a government entity. It is best to consult with a qualified personal injury attorney at The May Firm right away for detailed information specific to your case. We offer free, no-obligation consultations and we will fight for your rights under California law. 

We at The May Firm have extensive experience in a variety of personal injury cases. These include, but are not limited to:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Construction accidents
• Dog bites
• Dangerous products, including:
  • Airbag injuries
  • Car seats
  • Crushed roofs
  • Defective seat belts
  • Food poisoning
  • Gas tank explosions
  • Mesothelioma/asbestos
  • Motor vehicle defects
  • Pharmaceutical liability
  • Product liability
  • Recalled products
  • Tire defects
• Injuries, including:
  • Amputation
  • Brain injury
  • Burn injury
  • Catastrophic injury
  • Shoulder injury
  • Spinal cord injury
  • Wrongful death

The May Firm attorneys enjoy working with clients. We will put all of our energy into achieving a successful outcome for your case. We will always put your case first, with personal attention and a hands-on approach to guide you through each step of your case. 

When you are injured in an accident that was not caused by your fault, the most important thing you can do is take care of yourself. It can be very difficult, if not nearly impossible, to navigate through the accident claim process on your own. Insurance companies often attempt to settle cases as quickly as possible to avoid paying further medical fees for innocent victims like you. By hiring a personal injury lawyer, you can focus on getting back on your feet and you can trust that your legal battle is being fought by knowledgeable attorneys. As you heal from your physical and emotional injuries, an attorney will fight the insurance companies and the person who is at fault for the accident to get you the compensation you deserve. The personal injury attorneys at The May Firm have extensive knowledge on a variety of personal injury cases, as well as how the law applies to each individual case. You will not be taken advantage of by an insurance company with the guidance and support of an attorney. The May Firm will be a powerful advocate working for you. 

A personal injury lawyer should be called whenever you experience an injury due to someone else’s negligence. Common personal injury cases may include: motorcycle accidents, car accidents, truck accidents, bicycle accidents, pedestrian accidents, dog bites, construction accidents, and injuries due to a defective product. It doesn’t matter if your injury is minor or severe, a personal injury attorney can help you manage claims against your insurance company, or the insurance company of the person who is responsible for the accident. An attorney will act as your advocate during this difficult time to ensure your rights are protected and fought for. The personal injury attorneys at The May Firm can also assist you in recovering damages for your time spent out of work due to your injury. 

It is always a good idea to talk to a few personal injury law firms to find the best fit for you and your case. That is why The May Firm offers a free, no-obligation consultation to our potential clients. During this meeting, we will ask you questions to determine the viability of your case. We will also instruct you and we will guide you through the next steps, if we choose to work together on your personal injury claim. It is important for you to find attorneys with whom you are comfortable working. We approach every case with compassion. Our experience and knowledge of California personal injury law makes us the perfect fit for many clients. 

Our first meeting with potential clients is always a free consultation. There is no obligation to continue working together if the fit is not right. During the free consultation, an attorney at The May Firm will sit down with you and will ask you many questions to find out every detail about your situation. We will ask about how the accident happened, what injuries you suffered as a result of the accident, and what your life is like as you recover and heal from your physical injuries. We will also determine if you have a case. If we determine that you have a case, we will go over the next steps with you, including a list of documents you will need to gather for us to use as a starting point in building a strong case for you. 

It is difficult to say exactly how long it will take to settle your case. There is no specific time frame set for cases that settle through negotiation nor for cases that settle through the court system. The insurance companies will push you to settle quickly, which may be enticing when you are struggling to pay your medical bills or cover the costs of missing work for an extended period of time. However, a quick settlement is usually not in your best interest. Quick settlements are typically well below the compensation you actually deserve. The personal injury attorneys at The May Firm will work as fast as possible to get you the compensation you deserve. We will communicate with you every step of the way so you understand exactly what is happening, as well as any next steps needed to get recovery for your damages. 

If you have been injured in any type of accident it is important that you get the medical attention you need; however, in addition to getting prompt medical attention, you need to consider other problems you could possibly face as a result of your injury. For example, you might find that you lose time from work or even that you are no longer able to work at all. These can be very serious consequences and ones that need to be handled in a professional manner. The best thing you can do is to schedule a free injury lawyer consultation and get the help you need. Experienced lawyers protecting your case from insurance companies can be an excellent resource to ensuring your well-being as you recover, as well as making sure that you are fairly compensated for any damages. The personal injury attorneys at The May Firm always provide case consultation to any anyone injured in a California accident.

The BLS, Bureau of Labor and Statistics, announced on October 20, 2011 that 3.1 million nonfatal illnesses and injuries were reported among employers in the private industry. Unfortunately, when you fall victim to a workplace accident or any other type of injury, the consequences can be serious and you need to ensure that you are fairly compensated for your loss of wages, medical bills, and even future loss of income.

Fortunately, there are many lawyers who offer free consultations to individuals in need of legal help. These lawyers specialize in helping guide their clients through the often complicated and confusing labyrinth of the legal system. Handling a personal injury case can be a process that takes time, especially given the fact that there needs to be time for the injuries to be evaluated and any healing to take place. Part of determining a lawsuit involving injuries is having a clear indication of how permanent the injuries will be. After all, there is a big difference between a short term injury and a permanent disability. While both deserve compensation, it is important to have established any permanent disability prior to a settlement.

Fortunately, there are many lawyers who offer free consultations to individuals in need of legal help. These lawyers specialize in helping guide their clients through the often complicated and confusing labyrinth of the legal system. Handling a personal injury case can be a process that takes time, especially given the fact that there needs to be time for the injuries to be evaluated and any healing to take place. Part of determining a lawsuit involving injuries is having a clear indication of how permanent the injuries will be. After all, there is a big difference between a short term injury and a permanent disability. While both deserve compensation, it is important to have established any permanent disability prior to a settlement.

A University of California Davis researcher has estimated that work related illnesses and injuries will cost the nation an unbelievable $250 Billion annually. This startling figure is a far cry from the $219 Billion for all direct and indirect cancer costs. Additionally, this high figure only accounts for work related incidents, so it is clear that across the country, the medical costs for injuries from all other sources would be absolutely shocking.

Regardless of what type of injury you have sustained, making an appointment for a free injury lawyer consultation is imperative. Even if you think that you do not have a case, it is often best to leave that decision to the experts. Find out what your rights are and if you are due compensation for your injuries, medical bills or even loss of income. An experienced lawyer in the field of personal injury will be able to give you the best advice for your case.

The injury lawyers at The May Firm provide free case consultation for anyone injured in an accident. Call The May Firm today!