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Bakersfield Personal Injury Lawyer

Injured by a Negligent Party? Pursue Justice & Restitution with Our Bakersfield Injury Attorneys

If you've been injured by a negligent person, business, or government entity, you may be able to secure compensation by filing a personal injury claim in Bakersfield, California. A serious accident injury can impact all facets of your life and quickly decimate your finances. Fortunately, you are not without recourse. A successful claim or lawsuit can yield damages to provide for your current and projected medical expenses, lost wages, and more.

Before you are in need of a bankruptcy attorney, see what our trial-tested Bakersfield personal injury lawyers at Campbell Whitten can do for you! We aren't afraid to negotiate or litigate against powerful insurance companies, corporate legal teams, or government powers if it means pursuing a beneficial settlement or verdict on your behalf. This is because we are acutely aware that, for you, the outcome of the case reaches far beyond the walls of a courtroom.

Don't accept an inadequate insurance company settlement. Place your trust in a legal team devoted to your cause. Discuss your case with a Bakersfield personal injury attorney during a free consultation by contacting Campbell Whitten at (661) 771-3077 today.

What Is Personal Injury?

Personal injury cases involve matters where an individual's or entity's negligence or reckless actions cause an accident. As a result of the accident, another person suffers harm.

Harm may include the following:

  • Physical – In an accident, a person might sustain:
    • Broken bones,
    • Traumatic brain injuries (TBIs)
    • Spinal cord injuries
    • Road rash
    • Burns
    • Loss of limbs
    • And other injuries
  • Mental – Accident-related mental harm can include:
    • Pain and suffering
    • Loss of enjoyment
    • Loss of consortium
    • Emotional distress
  • Financial – Various expenses and losses can result from an accident, such as:
    • Current and future medical bills
    • Funeral and burial expenses
    • Current and future lost wages

As noted above, a personal injury case occurs when someone else is to blame for an accident resulting in harm to another. Because individuals and entities interact in a range of situations, a number of circumstances can give rise to a personal injury claim.

Such situations include:

  • Wrongful death: Family members can pursue a claim if their loved one's death was caused by someone else. They may seek compensation for medical expenses, funeral costs, lost wages, loss of future earning potential, loss of financial support, and loss of consortium, among other damages.
  • Car accidents: Car accidents can cause serious injuries, such as head injuries, whiplash, and neck or spinal cord damage. Victims can file claims against the at-fault party to cover accident-related expenses and losses.
  • Slip and falls: When a property owner is negligent in addressing hazardous conditions on their premises, anyone injured on the property can pursue a personal injury claim and seek compensation.
  • Motorcycle accidents: Because of negligence, drivers may fail to notice that they are sharing the road with motorcyclists, causing accidents leading to serious injury. In such situations, bikers may be entitled to file claims against the drivers.
  • Dog bites: Dog owners can be held financially responsible for injuries their pet causes to someone in a public place or a private establishment where they were lawfully allowed to be.

When seeking compensation in a personal injury case, the victim must prove that the other party was responsible for their accident.

This burden requires that the victim show that:

  • The other party owed them a duty of care. In other words, they were expected to act in a certain way so not to compromise the safety of others.
  • The other party breached their duty. This means that they did not exercise the expected level of care when engaged in certain conduct, or they did not act in a way a reasonable person would have under the circumstances.
  • The breach of the duty of care was the proximate cause of the accident, meaning, absent the other party's conduct, the accident would not have occurred.
  • The victim suffered injuries and financial losses and expenses because of the accident.

At Campbell Whitten, our Bakersfield injury lawyers are here to help you through your case. We will deliver the advocacy you need to pursue fair and just compensation.

Every client who walks through our door receives one-on-one attention, compassionate guidance, and informed legal services. By listening to your story and reviewing your injury-related expenses, we can customize a case strategy reflecting your financial needs and legal objectives.

Our personal injury attorneys in Bakersfield believe that trust is an essential element in the client-attorney relationship. We prioritize frequent communication to ensure that you're never anxious about the status of your case. Our mission is to advocate for your interests, allowing you to focus your attention on recovering in peace.

Our accident lawyers are available to you 24/7. Retain the tireless and tenacious legal support you deserve. Call Campbell Whitten at (661) 771-3077 or submit an online contact form today.

When Should I Get a Personal Injury Lawyer?

If you were injured in an accident caused by someone else, retain legal representation as soon as possible. In California, you have only 2 years to file a personal injury lawsuit. While that time limit refers to your deadline for taking the matter to court, it can also pertain to the personal injury claim you file with the at-fault party's insurance company.

The insurance claims process can take a great deal of time because of the nuances of these cases. Your Bakersfield personal injury lawyer must investigate, evaluate and assess damages you sustained, and develop your legal arguments. Then, they must negotiate with the insurance company to seek a just settlement on your behalf.

Because your case must be carefully crafted and negotiations can be lengthy, before you know it, you may be butting up against the deadline to pursue a personal injury lawsuit. If your case does not settle before the 2-year limit, you might not be able to have the matter heard in court. Thus, you could lose out on your right to pursue compensation.

Get started on your case right away by reaching out to Campbell Whitten.

What Does a Personal Injury Attorney Do?

A Bakersfield personal injury lawyer will take care of all the legal details of your case.

A few of their tasks include the following:

  • Explaining the process for pursuing compensation: Your accident lawyer will discuss the legal avenues to seek justice. They will review the claims process and how you can attempt to settle the matter out of court through negotiations with the insurance company. They will also go over your option to take your case to trial and have a judge or jury decide the matter should talks with the insurance company be unsuccessful.
  • Evaluating the value of your claim: To work toward just compensation, you must know what your case is worth. Many variables affect the value of your claim, and your injury attorney in Bakersfield will ensure that each is considered. To do this, they may review medical records, pay stubs, and other relevant documents. They will also investigate the accident and reach out to experts.
  • Establishing liability: Your Bakersfield personal injury lawyer must also prove that the person you are taking legal action against was at fault for the accident. To do this, they must investigate to determine what contributed to the accident. They will review photos, videos, reports, and other relevant pieces of evidence. That is why it is crucial you gather as much information as you can immediately after the incident. For instance, taking photos of the scent or getting the names and contact details of witnesses.
  • Challenging counterclaims: The at-fault party’s insurance company will try to show that their customer was not liable or you were at fault. It will do this to avoid or minimize the amount of money they have to payout. Your accident attorney in Bakersfield will develop arguments to refute its claims and pursue maximum compensation on your behalf.
  • Negotiating a settlement: When you send a demand letter with a requested settlement amount, the insurance company will likely make a counteroffer. In many cases, this offer is much lower than what’s necessary to cover accident-related damages. Your Bakersfield injury lawyer will negotiate with the insurance company’s team to seek the amount you deserve. They must develop a solid legal strategy backed by compelling evidence to support your request for a certain amount of compensation.
  • Presenting the case in court: Although many personal injury claims are settled out of court, some are taken to trial. If your matter must be taken to court, your accident lawyer in Bakersfield must convince a judge or jury that financial recovery is warranted.

At Campbell Whitten, we can investigate your case, identify the negligent party, and compile evidence to prove that the defendant is responsible for your injuries. Armed with this information, we can develop a litigation strategy aimed to maximize your claim and safeguard your quality of life.

How Do I Find a Personal Injury Lawyer?

The outcome of a personal injury claim or lawsuit often depends on the quality of a plaintiff’s legal team. But how do you find the right representation for you?

You may want to consider several factors when choosing a personal injury attorney in Bakersfield, including:

  • The lawyer’s experience: Be sure to retain the services of someone with relevant experience. That means they have handled personal injury cases and have represented claimants.
  • Past client reviews: Many accident attorneys have on their sites testimonials from people they have served in the past. Various online sources also have reviews. Peruse these to see what clients have said about the quality of representation they received from the lawyer you are considering.
  • The attorney’s responsiveness: Note how long it takes for the accident lawyer to respond to your initial inquiries. During your case, you will likely have many questions and concerns, which means you want to be sure you retain a team that gets back to you promptly.
  • Your level of comfort with the lawyer: Throughout your personal injury case, you may have a lot of contact with your attorney. Because they need as much information as possible to build your case, they will ask for many details from you, including that concerning your medical care and your employment. These are extremely sensitive matters, which means you want to hire someone you feel comfortable sharing the information with.

In addition to the factors listed above, you will also want to ask your potential Bakersfield personal injury attorney questions. You will want to know about their years of practice, who will be handling your case, and how they will update you on the progress, among other things.

At Campbell Whitten, we offer a free initial case evaluation, providing you the opportunity to discuss your situation with us and get your questions answered.

How Much Do I Ask for in a Personal Injury Settlement?

A successful personal injury case can yield economic and non-economic damages. Economic damages refer to veritable monetary losses. Non-economic damages are more subjective and entirely dependent upon your personal circumstances. California does not place a cap on compensatory damages, except in medical malpractice cases. But how do you know what’s an appropriate amount to request?

The amount you ask for in a personal injury settlement depends on your circumstances, and you and your Bakersfield injury lawyer will need to consider several variables.

These include, but are not limited to:

  • Medical treatment: You must account for the medical care you currently received and those you expect to receive in the future.
  • Injuries: The severity of your injuries will factor into your requested compensation amount. More serious injuries require more extensive treatment and can affect you for a longer time. Thus, you may request more if you suffered substantial harm.
  • Missed work: If your accident caused you to miss work, you might also be missing out on a large portion of your income. The amount you request should factor in wages you currently lost and those you may be out in the future because of your injuries and the recovery period.

When you turn to Campbell Whitten, you do not have to worry about whether the settlement you requested was too low or too high. Our team will examine every detail of your case and determine an appropriate compensation amount.

How Are Personal Injury Settlements Paid Out?

A personal injury settlement can be paid out in one of two ways. You can get a lump sum, which means you receive the funds all at the same time. Or you can get a structured settlement, which means you receive multiple payments over time.

Are Personal Injury Settlements Taxable?

The IRS offers broad guidance on how personal injury settlements are taxed. The agency provides that compensation received for physical injuries, physical sickness, emotional distress, or mental anguish is generally not taxable. However, you would need to report on your taxes any medical expenses you deducted related to those conditions.

Additionally, if your settlement includes interest or punitive damages, those amounts would be taxed. You must report these as “Interest Income” and “Other Income,” respectively. If you are awarded a settlement, speak with a tax expert to ensure you meet reporting requirements.

Schedule a Consultation with a Bakersfield Injury Attorney to Explore Your Legal Options

If you’re ready to take legal action, contact our accident lawyers at Campbell Whitten today. During your appointment, we can discuss the details of your case and evaluate your legal options. By compiling evidence, working with medical experts, and litigating on your behalf, we can seek to recover damages to facilitate your physical and financial recovery.

Contact Campbell Whitten at (661) 771-3077 to schedule your free, no-obligation consultation.

Contact Campbell Whitten at (661) 771-3077 to schedule your free, no-obligation consultation.

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Campbell Whitten

5401 Business Park South, Suite 201
Bakersfield, CA 93309

Phone: (661) 771-3077

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