Bakersfield Premises
Liability Lawyer

If you were injured by a hazardous feature on a residential, commercial, or public property that the property owner or possessor knew or had reason to know about but failed to repair or warn guests about, you can seek compensation for your injuries 1) by filing a claim with the at-fault party’s insurer, and/or 2) by bringing a premises liability lawsuit.

However, there are exceptions. For instance, in cases involving children premises liability victims whose parents do not choose to file a claim on their behalf, this statutory deadline can be extended (tolled) until after the child reaches the age of majority can file their own claim.

Sometimes you have a shorter time to bring a claim is, such as in cases involving claims against a governmental agency or government employee in their official capacity. In that case, you must first file a notice of intent to sue. Figuring out the correct deadline in a Bakersfield premises liability claim can be tricky, which is why it is best to contact an attorney as soon after your accident as possible to find out when your deadline is, given the specific facts of your case.

To prove liability in a Bakersfield premises liability claim, you must show:

• The defendant owned, leased, occupied, or controlled the property.
• The defendant negligently failed to mitigate property hazards they knew about or should have known about, or to warn guests of such hazards.
• The at-fault party’s negligence harmed the claimant.

Bakersfield premises liability claimants may claim compensation for the expenses and impacts to their quality of life that they have incurred because of their accident injuries.

Some expenses and impacts that you might demand in your Bakersfield premises liability claims include:

• Medical bills, including the cost of ambulance transport, emergency treatment, physician and surgical services, diagnostic and laboratory testing, hospitalization, prescription medication, medical supplies used to treat the injury, the provision of assistive devices such as a wheelchair or crutches, physical therapy, and rehabilitation.
• Lost wages, if you are too injured to return to work.
• Loss of future earning capacity, if your injuries result in permanent disabilities and you can no longer earn what you did before the accident.
• Property damage resulting from the accident.
• Physical pain and suffering.
• Emotional distress.
• Loss of the enjoyment of life, if your injuries prevent you from engaging in hobbies or activities you enjoyed before becoming injured.
• Loss of consortium, for loss of physical intimacy and companionship after a serious injury.

Generally, worker’s compensation insurance will compensate you for Bakersfield workplace injuries rather than through a premises liability claim. California law requires most employers to purchase a no-fault insurance policy to cover injuries their employees may sustain on the job. Workers’ compensation policies cover medical expenses and temporary or permanent wage replacement. They also provide a death benefit for the family members of individuals who die in a workplace accident.

If a worker’s compensation policy covers your accident injuries, you typically can’t file a premises liability lawsuit. One exception to this rule pertains to accidents caused by a third party. An example of a premises liability accident in the workplace and that involves a third party might be a slip and fall injury on wet floors that a cleaning services company recently mopped for your employer.

The dog owner’s homeowners or renter’s insurance policy generally covers liability, even if the bite occurs on a public street. In one year, homeowner’s and renter’s policies in the U.S. shelled out around $854 million in dog bite claims, making dog bites one of the most common types of claims against homeowners and renter’s insurance policies.

However, according to the Insurance Information Institute, many insurance companies refuse to cover certain dog breeds. Breeds that insurance policies often restrict include pit bulls, Staffordshire terriers, Dobermans, German shepherds, Akitas, chows, Alaskan malamutes, Rottweilers, Siberian huskies, and wolf hybrids. Others do not track the dog by breed, but will likely increase the homeowner’s or renter’s premium if the dog bites someone and they must pay a claim.

In California, dog bites create strict liability for an owner. This makes the dog’s owner liable for the bite even if they did not know the dog had escaped the yard or that it had the propensity to bite someone.

The vast majority of premises liability claims resolve before they ever see the inside of a courtroom. Cases most often settle between the parties. Settlement is normally in both side’s best interests, as it allows everyone to avoid the time and expense of litigation.

However, just because most cases don’t see the inside of a courtroom doesn’t mean yours won’t. Hire an experienced attorney who is as comfortable and confident with obtaining compensation on your behalf, whether through litigation or negotiating a settlement agreement.

Several different premises liability cases occur in Bakersfield, and each case has unique facts, including the degree of a defendant’s negligence and the severity of a victim’s injuries. These will largely determine a case’s value, and there is no average.

Several factors can affect the value of any premises liability case, including:

• How much insurance the at-fault party has. While you can sue an uninsured person, and even go to court and obtain a decision in your favor, collecting compensation from an uninsured person is often difficult, as most people cannot afford to compensate someone else’s injury expenses and impacts out-of-pocket. On the other hand, some defendants have insurance with high limits, such as major corporations, increasing the potential amount you can recover.
• The severity of your injury. More severe injuries generally result in higher medical expenses, more pain and suffering, more time away from work, and a higher likelihood of incurring permanent deficits that create devastating impacts on your life. All of these are major damage categories that generally increase your case’s value.
• Your patience during settlement negotiations. It is not necessarily difficult to get a settlement offer. Injured individuals might receive a settlement offer from the at-fault party’s insurance provider when they’re still in the hospital and before they’ve even had a chance to speak with an attorney. However, getting a settlement offer that fairly compensates you for the expenses and impacts usually takes more time. Settlement offers can be made at any time before a final court decision, even as the trial is taking place. As you get closer to a court decision, a defendant and their insurer are more likely to up their offer to avoid a potentially higher court award. Patience can pay off.

Generally, no. According to the Internal Revenue Service (IRS), the proceeds obtained as compensation for a personal injury are not considered income, should not be claimed as income, and are not subject to tax.

There are some exceptions, however:

• If you claim your medical expenses as a deduction and then later obtain compensation for medical expenses, you must pay back the amount you deducted from your income.
• If you obtained punitive damages, the IRS may subject that portion of your award to tax. Courts don’t award punitive damages to compensate for the injury itself, but rather to punish a defendant for particularly reckless behavior. Thus, the IRS considers them income.

If you needed brain surgery, you would probably hire a brain surgeon. You would hire a surgeon because you want the most experienced and knowledgeable professional possible for the job. Hiring an attorney to assist you with your premises liability claim is analogous to hiring a medical expert for medical treatment—you want a professional to handle matters that put your life and livelihood on the line.

Personal injury attorneys spend many years obtaining the education and training necessary to handle legal claims. A Bakersfield premises liability attorney from The May Firm understands the claims process and how to obtain all the compensation their client needs, not only to cover the expenses and impacts that they have already experienced from the injury, but also those they will likely face. With their knowledge and experience, an attorney with The May Firm can provide services that you can’t easily provide yourself.

Further, because having an experienced attorney on your side is so important to your ability to have a successful outcome to your premises liability case, The May Firm is pleased to provide:

• A free case evaluation, which is time for you to meet with an attorney and get answers to the legal questions about your specific case and decide whether to pursue a claim.
• A contingency-fee arrangement that allows you to put off payment for your attorney’s services until they obtain a positive outcome in your case.

Let our experienced attorneys help you understand your legal options for obtaining compensation in your Bakersfield premises liability case. For a free case evaluation, contact us online or by calling (866) 825-7909.