Personal Injury Damages
If you have been injured in a Bakersfield accident caused by someone else's negligence or misconduct, you may be entitled to compensation for the injuries you have suffered. In California, several types of damages can be sought in a personal injury lawsuit. Our team of attorneys will investigate your case to hold any and all negligent entities accountable and maximize your compensation.
Damages in a personal injury lawsuit may include:
- Economic damages: This refers to the monetary losses that you have incurred as a result of the accident, such as medical expenses, lost wages, and property damage.
- Non-economic damages: These are intangible losses that cannot be easily quantified, such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: In rare cases where the defendant's conduct was particularly egregious or malicious, punitive damages may be awarded to punish them and deter future similar behavior.
Bakersfield Personal Injury Lawsuits and California Pure Comparative Negligence Rules
California operates under a pure comparative fault system for personal injury lawsuits. This means that if you are injured in an accident and file a personal injury claim, the court will determine the percentage of fault for each party involved in the accident, including yourself.
Under this system, even if you are partially at fault for the accident, you can still recover damages from the other responsible parties. However, your compensation may be reduced by the percentage of fault attributed to you. For example, if you were found to be 30% at fault for an accident and awarded $100,000 in damages, your compensation could be reduced to $70,000.
One benefit of pure comparative fault rules is that you retain the right to file a lawsuit against anyone who is even 1% liable for your losses. You could be 99% liable and still have the chance to bring a claim against the other party. While this type of case may not be productive or worth pursuing, it underscores the point that even if you were partially responsible for an accident, it may still be possible to pursue justice and compensation in a lawsuit if you suspect negligence on the part of another was involved. If you have questions about this part of California law, please call the Wisner Baum injury attorneys today to learn more about your legal rights.
Who is Liable in a Personal Injury Lawsuit?
When pursuing a personal injury claim, gathering and presenting evidence supporting your case is important. Different types of evidence can be used to establish liability and damages in a personal injury claim. Our Bakersfield personal injury lawyers know where to find such evidence and how to utilize it well once we get it.
Examples of useful evidence in a personal injury lawsuit are:
- Employment records: If you miss work due to your injuries, employment records can help demonstrate lost wages or loss of earning capacity.
- Expert testimony: Expert witnesses such as medical professionals, engineers, or accident reconstructionists may be able to provide specialized knowledge or analysis that supports your case.
- Medical records: Medical records from hospitals, doctors, and other healthcare providers can provide documentation of the injuries you sustained as a result of the accident.
- Personal journals or diaries: If you keep a journal or diary, entries describing how your injuries have affected your life can be powerful evidence in establishing non-economic damages such as pain and suffering.
- Photographs and videos: Pictures and videos of the accident scene, damage to vehicles or property, and injuries sustained can help illustrate what happened.
- Police reports: If law enforcement was involved in responding to the accident, their report can provide important details about the circumstances surrounding the incident.
- Witness statements: Statements from witnesses who saw the accident occur can provide valuable testimony about what happened.
Call the Bakersfield Injury Lawyers at Wisner Baum for a Consultation
If you or a loved one have been injured in an accident of any sort, give our Bakersfield personal injury attorneys a call to discuss your legal rights. We understand the physical, emotional, and financial impact that an injury can have on your life, so we are fully committed to fighting for full and fair compensation for you and your family. Contact us today for a free consultation to discuss your case and learn more about how we can help you get the justice you deserve.