You should not continue to suffer from a personal injury someone inflicted on you. Whether physically, mentally, or financially, you have the right to file a lawsuit against someone who has harmed you.
If you believe you suffered a serious personal injury, reach out to the team at Ben Crump Law, PLLC. We do not shy away from tough cases. Contact us at (800) 730-1331 to find out more.
Types of Personal Injury
There are three types of personal injury claims. Each claim type requires the plaintiff – the side filing the claim – to contend that the defendant – the person being sued – is responsible for personal injury damages.
Negligence is the basis for most personal injury suits. The plaintiff must prove that the defendant did not take reasonable care to prevent the injury from occurring.
For example, all drivers have a duty not to cause harm to other drivers by obeying traffic laws. A driver who caused an accident by speeding or running a red light did not take reasonable precautions to avoid injuries to others.
As the defendant, someone may seek damages on the basis of negligence. For instance, medical malpractice is a common legal problem that doctors face when their patient sues them for anything from a late diagnosis to failed treatments. Similarly, guests in your home may seek compensation for medical bills if they hurt themselves in your home.
Strict liability cases require the plaintiff to show how the defense is legally responsible for the consequences, even if they were not negligent or intended to harm others. The defense may have taken all precautions and still be liable to pay for damages caused to others.
The most common strict liability cases include the following:
- Product liability, such as manufacturing defects
- Animal bites from domesticated and wild animals
- Abnormally hazardous conditions or activities, such as an explosion from storing dangerous chemicals in an apartment
Although strict liability sounds like the plaintiff will always win, there are defenses for these claims. For example, a defense lawyer may argue that the plaintiff knew the risks and proceed anyway, making them partially or fully to blame.
Intentional wrong claims are more obvious, such as someone intentionally hitting you or a loved one. Individuals who do intentional wrong to another that causes personal injury may face criminal charges from the local or state governments.
However, as the victim, you can file a civil suit for compensation. For instance, someone who hurts or kills another person may go to jail or prison. You may be stuck with medical bills and other damages unless you sue them.
A Bakersfield personal injury lawyer can fight on your behalf to reduce or eliminate charges and damages owed to the victim. By means of example, someone may sue you for breaking their rib during a physical fight. Your lawyer could argue that you were defending yourself, and the plaintiff is to blame equally.
For a free legal consultation with a personal injury lawyer serving Bakersfield, call (800) 730-1331
Personal Injury Claims
The statute of limitations in California is two years, as stated in Code of Civil Procedure (CCP) § 335.1. As a victim, rewards from personal injury claims can help you and your family recover and heal from an avoidable incident.
Individuals can take advantage of the system and seek compensation that they do not deserve. As the plaintiff, you should know your rights. A legal professional can explain local California laws and what your options are for the incident at hand.
Bakersfield Personal Injury Lawyer Near Me (800) 730-1331
Compensation from Personal Injury Lawsuits
Compensation for personal injury includes reimbursement for medical bills and other expenses related to the incident. In addition to any initial and emergency medical care, your reward may include future losses, such as ongoing treatment and therapy.
If the injury caused you to miss work for even a day, you might seek payment for lost wages. You can also seek future lost earnings if the incident prevents you from returning to work temporarily or permanently. If the injury left you disabled or otherwise unable to work in your professional, you could request payment to cover your daily living costs.
Pain and suffering is a legal term for noneconomic losses. For instance, you can sue for compensation for the physical or mental anguish you suffered from the injury. California does place a $250,000 cap on noneconomic damages, according to Civil Code (CIV) § 333.2.
Having a Legal Professional on Your Side Can Strengthen Your Case
After you file a personal injury lawsuit, the period of discovery starts. This is when your legal team investigates the case to gather facts and evidence to strengthen your case. Some types of evidence used in cases include:
- Medical bills and reports detailing the extent of the physical and financial damage.
- Witness testimony to the incident. Witnesses may or may not have been directly involved, such as a bystander who saw a car accident.
Gathering evidence takes time and resources. The team at Ben Crump Law, PLLC can work on your side while you focus on recovering or returning to normal life.
Many personal injury cases are settled out of court. To settle means to accept money in exchange for dropping your lawsuit.
Since insurance companies often pay for damages of their policyholder, they may try to give you a lower sum than you ask for. Your Bakersfield personal injury lawyer can negotiate with representatives to get you a reward that meets your needs. The decision to accept or refused the sum is up to you, not your lawyer.
We work on a contingency-fee-basis at Ben Crump Law, PLLC. You will not have any upfront costs for our services. We collect our payment from your compensation. Speak to a team member about your personal injury case by dialing (800) 730-1331.