Personal Injury Attorney in Bakersfield, CA

Bakersfield Personal Injury Attorney

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If you've been injured because of someone else's negligence, you have the right to ask for financial compensation for the losses you've suffered. But seeking a personal injury lawsuit is no simple task. Defendants and their insurers are backed by armies of lawyers prepared to defend their clients. Who's looking out for you?

At Tim D. Wright, we defend personal injury victims. Where possible, we settle cases out of court so our clients can return to their lives. If needed, however, we assemble a litigation strategy and take the case to court. Either way, we stand by our clients from start to finish so they can concentrate on recovering.

What Is Personal Injury?

The essence of a personal injury claim is negligence. When another individual, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is often physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that implies failure to exercise a proper degree of care under the circumstances. Another way of putting it is failure to act as a reasonably sensible person would. Negligence can be demonstrated through a person's actions (like speeding or driving intoxicated) or through an omission (such as failing to remove a known risk from one's company property).

To win a personal injury case, the victim needs to prove that the offender was negligent. There are four specific components that are required under California law:

• Duty of care. The offender must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the individuals, such as doctor and patient. But this isn't always necessary. For example, when you drive on a freeway, you owe a duty to other drivers not to be reckless.
• Breach. Next, the plaintiff must show that the offender breached the duty of care. This is where the offender's negligent acts and/or exclusions are exposed. It also covers situations where the at-fault party breaks a law or engages in intentional wrongdoing. Breach is typically the most contested part of a personal injury case.
• Causation. The offender's breach has to really cause injury to the plaintiff. If the offender acted negligently but didn't harm to the plaintiff, this aspect fails.
• Damages. These are the losses for which the plaintiff will pursue financial compensation. A few of the most common damages are medical expenses, lost wages, lost earning capacity, as well as pain and suffering. The nature and amount of damages are fiercely contested in most personal injury cases.

Possible Damages In a Personal Injury Case

The goal of a personal injury lawsuit is to make the plaintiff whole via financial compensation. This compensation is referred to as damages, and some examples are:

• Medical costs. This broad category can include everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to help with a victim's day-to-day activities.
• Lost wages. While you recover or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity. Your occupational prospects may be cut short or drastically restricted after a personal injury. An expert witness can help estimate the future earnings you will lose out on as a result.
• Pain and suffering. These damages account for the pain and emotional trauma you will likely experience for some time to come. Although hard to measure, they are essential to catastrophic injury cases.
• Loss of enjoyment of everyday life. It might not be possible to appreciate your typical daily activities, hobbies, and other passions after a bad injury. These damages help compensate you for the loss.
• Loss of consortium. This category refers to the deprivation of the benefits of a family relationship. It includes the loss of assistance, community, friendship, and sexual relationship between partners caused by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are meant to penalize the wrongful party and discourage others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to sue a negligent party will not last forever. In California, personal injury claims are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to submit their lawsuits before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury occurs.

However, it's ideal not to procrastinate taking action on your claim. Witnesses' memories can diminish with time, proof will be more difficult to obtain, and you could forget critical information if you wait too long. If you or a loved one have been injured, reach out to a committed Bakersfield personal injury lawyer.

How Can the Personal Injury Attorneys at Tim D. Wright Help Me?

Suing a defendant almost always means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the offender's legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need an attorney who not only understands California personal injury law, but knows how to determine a fair value for your claim.

At Tim D. Wright, we've assisted numerous personal injury clients obtain the compensation they need to recover. We won't accept unfair offers and will stand by you from start to finish. Give us a call or complete the contact form today to get started on your case.