Every day, thousands of people across the United States suffer a wide range of personal injuries due to the negligence or misconduct of others. Whenever one party causes harm to another, the at-fault party is legally responsible for the damage they caused the victim. This may sound simple enough, but every state has different personal injury statutes, and every personal injury plaintiff has unique needs and concerns.
No two personal injury cases are exactly alike, and it’s vital for anyone considering legal action to know what a personal injury claim entails, what type of compensation they could potentially recover, and the value of legal counsel they can trust on their side as they navigate their legal proceedings.
The team at the Law Offices of David Davidi, APLC, has years of professional experience in California personal injury law. We know the challenges our clients are likely to face in their recovery efforts and the common obstacles in many types of personal injury actions. We learn as much as we can about our client’s situation and the effects their injury has had on their life. When you choose our firm to represent you, you can trust your Bakersfield personal injury attorney to provide ongoing support through the difficult proceedings ahead of you.
Most of the personal injury cases filed in Bakersfield stem from negligence, or failure to exercise reasonable care. The term “negligence” in the legal world is relatively broad, and it may seem difficult for a personal injury plaintiff to determine how they can prove the defendant in their case was definitively responsible for the damages they suffered. There are four essential elements of negligence in most personal injury claims:
The process of proving fault for a personal injury will differ from case to case, but a common thread for all plaintiffs is the value of legal counsel they can trust in these cases.
It is also possible for a personal injury to arise from an incident of intentional misconduct or even criminal activity. If this applies to your case, you may be required to testify as a witness against the defendant who hurt you in their criminal trial. The illegal nature of their actions will also likely enhance your final recovery in several ways.
When you have an experienced Bakersfield personal injury attorney handling your case, you are not only more likely to navigate your case proceedings efficiently but also more likely to maximize the final compensation you obtain from the defendant. The attorneys at the Law Offices of David Davidi, APLC, have helped many Bakersfield-area clients through all manner of personal injury claims, both those resulting from negligence as well as injuries from intentional misconduct.
While it may be technically possible for a plaintiff to pursue a personal injury claim without an attorney, this is very risky and unlikely to generate the same level of results that are possible with experienced legal counsel advising you. Do not make the mistake of assuming that legal representation is prohibitively expensive or that the compensation you obtain would be less than the cost of hiring your attorney. It is always worth investing in reliable and experienced legal counsel. Even after accounting for the cost of hiring your attorney, they can significantly improve the quality of your final case award, improving your recovery beyond what you originally expected.
When you have legal representation you can trust, it is much easier to focus on your medical needs and your household. Your legal proceedings will be in capable hands, and your Bakersfield personal injury attorney can handle your court filing deadlines and the other procedural requirements of your case so it can proceed unimpeded by administrative red tape. You may be capable of filing your claim on your own, but having trustworthy legal counsel to assist you with the process will pay off tremendously in various ways.
Ultimately, the plaintiff of any personal injury case has the best chance of success with their civil suit when they have experienced legal representation on their side. When you choose the Law Offices of David Davidi, APLC, to handle your impending personal injury claim, you will have the reassurance of knowing an experienced and responsive attorney is handling your recovery. Our firm offers extensive professional experience in handling a wide range of personal injury claims for clients in the Bakersfield area, and we can leverage this experience on your behalf as you seek compensation for the damages you suffered.
One of the most common reasons for personal injury claims in California is car accidents. The state is notorious for heavy traffic, a high rate of uninsured drivers, and one of the highest traffic fatality rates in the country. Taking these risks into account, it is vital to know what to do if you are injured by another driver. Some of the most common causes for car accidents in Bakersfield that can lead to personal injury claims include distracted driving, moving violations, and speeding.
It is also possible for a car accident to happen because of a driver’s intentional misconduct or illegal behavior. For example, if your recent accident happened because the other driver was intoxicated behind the wheel, they are likely to face a criminal charge for driving under the influence (DUI). Their penalties in their criminal case will be enhanced due to causing your injury, and the recovery you obtain in your personal injury action may be increased to reflect the severity of their behavior.
Recovery from a car accident requires an auto insurance claim against the at-fault driver. State law requires every driver to carry auto insurance. Unfortunately, there is no guarantee that you will receive the full amount of coverage available from the at-fault driver’s policy, and there is always a chance for an insurance company to be unnecessarily difficult in their handling of your claim. Having a Bakersfield personal injury lawyer help you with your recovery means a much greater chance of securing a swift and fair settlement offer from the insurance company, and if you must take further legal action your attorney will be ready to assist you.
Commercial trucks are much larger than most other vehicles on the road. This makes them far more dangerous than most other vehicles when accidents happen. If you or a loved one is struggling in the aftermath of a truck accident in Bakersfield, this type of case can present more severe legal problems than a standard car accident. The legal concept of vicarious liability often applies in these cases. This issue arises when one party, usually an employer, bears fault for the actions of someone else, typically their employee.
It’s possible that your recent truck accident happened because of the actions of the driver, a third party, or a combination of multiple defendants. For example, if a truck driver caused an accident due to a lack of experience and an investigation reveals that the employer never conducted a proper background check to verify the driver’s experience, the employer would likely face vicarious liability for the accident. This is just one example of the possible complications that might arise in a truck accident case, so it’s best to have trustworthy legal representation advising you throughout this type of claim.
Motorcycles may be very fun to use, and many riders use their motorcycles throughout the Bakersfield area without issue. Unfortunately, motorcycle accidents can and do happen, and these incidents often result in much worse damages than standard car accidents. A motorcycle does not provide its rider with any physical protection from a crash or any of the standard safety features found in most enclosed passenger cars.
Catastrophic injuries like traumatic brain damage, spinal cord injury, and more are possible in a motorcycle accident. Even if the rider is wearing a high-quality helmet and safety equipment, these can only do so much to minimize the damage from a motorcycle accident. The team at the Law Offices of David Davidi, APLC, has extensive experience with this type of case and strives to help every injured rider maximize their recovery.
Dogs are widely considered man’s best friend, but dog attacks can and do happen in the Bakersfield area, often without warning. The state imposes a strict liability rule for dog owners, meaning they are fully liable for injuries and other damage their pets cause to others. Strict liability applies even if a dog has no history of aggression; the law expects a dog owner to maintain control of their pet at all times.
If you are hurt by someone else’s dog, you should seek medical care immediately before contacting legal representation. An experienced attorney can guide you through the case proceedings ahead of you, helping you prove the defendant’s liability for your damages. The only legal requirements for the plaintiff to assert strict liability for a dog bite are lack of provocation and legal presence at the location of the attack.
If you or a loved one suffered an injury on someone else’s property, such as their home or a privately owned business open to the public, you could file a premises liability claim against them. Property owners are required to maintain safe premises and address foreseeable safety hazards as soon as they recognize them.
A property owner can face a personal injury claim if the negligent care of their property results in harm to any lawful visitors. “Lawful” is an important distinction because property owners are not liable for injuries that intruders or trespassers suffer. If you are unsure how to prove a property owner is responsible for a recent slip and fall accident or other injury, you need to consult a Bakersfield personal injury attorney as soon as possible.
While most victims of personal injuries in Bakersfield make full recoveries, this is not possible for every injured victim. A “catastrophic” personal injury is any injury that permanently harms the victim. They may develop a permanent disability or medical condition that will interfere with their life in various ways, from disrupting their career to preventing them from handling basic everyday tasks.
It can be incredibly psychologically damaging for anyone to realize they have been permanently harmed by another party’s actions. In any catastrophic injury claim, it is crucial for the plaintiff and their family to have legal representation they can trust. You can seek recovery for all the economic losses you suffered, along with appropriate pain and suffering compensation that reflects the severity of your experience.
Your Bakersfield personal injury attorney can help you accurately calculate the full scope of economic damages you can include in your personal injury suit. However, the bulk of your recovery is likely to be the pain and suffering compensation you receive. There is no limit on pain and suffering compensation in most personal injury claims, and plaintiffs who have suffered permanent harm are likely to secure substantial pain and suffering compensation when they have experienced legal counsel on their side.
Unfortunately, some victims of personal injuries do not survive these experiences. In the event you and your family have lost a loved one due to the negligence or misconduct of another person or party, it is crucial for you to know what a wrongful death claim entails and how one might help your family ensure accountability for the death and adjust to their new reality a bit easier.
A wrongful death case is functionally similar to a personal injury case in that both require proving negligence or misconduct. However, a personal injury claim focuses on the damages the victim suffered, while a claim for wrongful death seeks compensation for the victim’s family. This type of emotionally charged civil claim can present a wide range of complex problems, and it is essential to have trustworthy legal counsel if you intend to file any type of wrongful death case in Bakersfield.
Regardless of the initial cause of your personal injury, you must prove fault before pursuing any recovery from the defendant who injured you. Most of the personal injury cases in California generate from acts of negligence. However, it is possible for more than one party to bear responsibility for a personal injury in Bakersfield, including the plaintiff.
Whenever a case reveals that a plaintiff shares blame with the defendant for causing their claimed damages, the state’s pure comparative negligence statute applies to the case. The judge will assign fault percentages to the defendant and the plaintiff based on their respective levels of contribution to causing the accident in question. If the plaintiff bears comparative fault, their fault percentage is subtracted from their case award. If you are worried about being partially at fault for your recent personal injury, the right attorney can help you minimize any fault percentage assigned by the judge and preserve your final recovery.
The attorneys at the Law Offices of David Davidi, APLC, know how frustrating it can be for any plaintiff to have an accusation of comparative fault levied against them by the defendant in their claim. This is relatively common, and defendants often attempt to assert comparative fault to deflect responsibility for the damages cited in a claim. Your legal team will help you gather whatever evidence and testimony you need to prove liability, and they will also be instrumental in accurately calculating the damages you can seek from the defendant.
You can only file a personal injury claim if you can prove that you suffered actual harm from the incident in question. This means you must be prepared to prove that the defendant you have named in your personal injury action directly harmed you in a measurable way. State law permits the plaintiff in a personal injury case to claim compensation for any economic losses suffered because of the defendant’s actions. This not only applies to losses incurred immediately in response to the injury but also to the future losses the plaintiff is likely to face.
The average claimant with little to no formal legal experience may have some grasp of the economic damages they have suffered, but they would likely find it very difficult to accurately calculate anticipated future losses and hold the defendant accountable for these incoming expenses. Your Bakersfield personal injury attorney will be invaluable when it comes to calculating the full range of immediate and long-term damages you can seek with your personal injury claim.
Medical expenses are likely to be a major focal point of your total economic losses. If the defendant caused you to develop an illness or physically injured you, they are liable for all the medical care you require to reach maximum medical improvement from the injury. This includes immediate medical expenses like hospital bills and ambulance fees, but it also includes all long-term care costs you incur.
Lost income is another economic loss you can claim in your personal injury action. Many victims of negligence and misconduct in the Bakersfield area are left unable to work while they recover from their injuries. Some are forced to use the paid time off or vacation days they have accrued. Both are compensable losses in a personal injury claim. Your attorney can help you prove the amount of income you lost after your accident and include this as economic losses in your personal injury case. In the event a plaintiff is left completely unable to return to work, the defendant would be liable for their lost earning potential. If you want to accurately calculate the total lost future income you can seek with your personal injury claim, it is crucial to have trustworthy legal counsel.
Property damage can also be included as economic damages in a personal injury action. This may involve damage to the plaintiff’s home, vehicle, or personal belongings lost because of the defendant’s actions. An experienced Bakersfield personal injury attorney will help their client maximize the compensation they receive for immediate and future economic damages, but the client can also recover compensation for their pain and suffering.
The term “pain and suffering” may sound too subjective to translate to economic value. What is unbearable to one person is more manageable to another, and it can be very difficult to ascertain the level of psychological trauma a person has experienced from a personal injury. State law recognizes physical pain, emotional distress, and mental trauma as compensable losses from a personal injury. The state does not place a limit or cap on pain and suffering compensation in a personal injury case, with the exception of medical malpractice cases. If your personal injury falls within the scope of California’s medical malpractice law, non-economic damages are limited to $250,000.
As long as your personal injury case is not a medical malpractice claim, there is no limit to the compensation you can seek for pain and suffering from the defendant who caused your accident. If your medical team expects you to fully recover, your attorney may argue for per diem compensation for each day until you reach maximum medical improvement. Alternatively, a lawyer could seek a large lump sum of pain and suffering compensation when their client has sustained life-changing injuries that entail permanent disability.
Many people carry misconceptions about personal injury cases, often believing that the process of filing their claim would be more stressful and expensive than it would be worth. The reality is that with the right attorney, you could potentially secure far more compensation than you initially expected and in a much shorter time. An experienced Bakersfield personal injury attorney can streamline their client’s case in many ways, including settling it outside of court to avoid the stress, expense, and time commitment required of litigation.
Most of the personal injury cases filed in the United States each year end in a private settlement. When the defendant is clearly responsible for the injury in question, they may be tempted to “have their day in court,” but this is very risky for the defendant if the plaintiff has ample evidence of their liability. It is generally in the best interests of both parties to seek a swift, mutually agreeable settlement.
Once you have filed your personal injury complaint in the Bakersfield civil court, the court serves a notice to the defendant and provides them the opportunity to respond. At this point, the defendant could agree to settle or refuse to accept liability and demand a trial. If the case proceeds to litigation, it will cost both parties more in legal fees, and it is less likely for either party to reach their preferred outcome.
The attorneys at the Law Offices of David Davidi, APLC, can provide the comprehensive legal counsel you need to navigate your settlement negotiations effectively, but if your case must go to court, we are fully prepared to represent you in litigation. Our firm has helped many Bakersfield-area clients navigate their cases more successfully than they initially expected, and our goal is to help every client maximize the compensation they obtain.
It can be incredibly daunting for anyone to imagine a complex civil case while they are struggling with the aftermath of a personal injury. Whether you must pursue compensation for the damages you suffered or take legal action on behalf of a family member injured by another party’s negligence, it is vital to have legal representation you can trust so you can make informed and confident decisions throughout your recovery efforts.
The attorneys at the Law Offices of David Davidi, APLC, have the professional experience and resources you need on your side after experiencing a personal injury of any kind. The sooner you connect with a Bakersfield personal injury lawyer, the more likely you are to reach a positive outcome to your claim. Contact the Law Offices of David Davidi, APLC, today and schedule a free consult with our team. We’ll review the details of your injury and let you know how we can support your recovery.