Personal Injury Attorneys
Schedule a Free Consultation with Our Bakersfield Personal Injury Lawyers Today
A profoundly serious injury or car accident can happen when you are least expecting it—and it can change your entire life in a matter of seconds. You could be left with medical expenses, time missed at work, and an immense amount of pain and suffering. A personal injury claim offers a path to justice and maximum compensation.
At Oaks Law Firm, our Bakersfield personal injury attorneys are aggressive and effective advocates for victims and their families. We are dedicated to helping people navigate the legal process—so that they can secure the money that they need to pay their bills and support themselves.
You do not have to go through the claims process all alone. For a no-cost, no-obligation initial consultation with a top-rated California personal injury attorney, please contact us today. We represent injured victims in Bakersfield and throughout Kern County.
What to Do After a Serious Accident in Bakersfield, California
Hurt in an accident in Kern County? Whether you or your loved one was injured in an accident in Bakersfield, it is normal to feel stressed out and possibly totally unsure of what to do next. By taking the right approach, you can put yourself in the best position for a better future—and a successful injury claim. Here are five essential steps to take after an accident in Bakersfield, CA:
Get Immediate Medical Attention: Your health and safety should be your absolute top priority after an accident. Your well-being comes above all else. As some common injuries—from concussions to back injuries—may not show their full symptoms immediately, prompt medical attention is crucial. Delaying medical treatment could worsen your condition. Beyond your health needs, a comprehensive medical evaluation will create a record of your injuries that could be valuable evidence in your personal injury case.
Report the Accident: You should always be ready to report the accident to the appropriate authorities. For example, if you were injured in a car accident in Kern County, the collision should be reported to state or local law enforcement. It is a legal requirement. If you were hurt at a Bakersfield business, make sure that the property owner is aware of the incident. Promptly reporting the accident creates an official record that can be helpful later when filing an insurance claim or a personal injury lawsuit.
Document What Happened: For the most part, personal injury liability in California is based on fault. That is to say that the party who is determined to be “at fault” for an accident is legally responsible for the resulting damages. Take photos of the accident scene, your injuries, and any property damage. Write down the names and contact information of any witnesses, as well as the names and badge numbers of any police officers who responded to the scene. Keep a journal of your symptoms, medical treatments, and any other related expenses. The more evidence you have the easier it will be to bring a claim.
Beware of Insurance Companies: Be cautious when speaking to insurance adjusters or representatives, especially if they are from the other driver’s insurance company. They may try to downplay the severity of your injuries, pressure you to accept a low settlement offer, or trick you into making statements that could hurt your case. Here is a simple reality: The big insurance companies are not on your side. They are for-profit businesses that put a tremendous amount of resources into training their adjusters to protect their own interests.
Speak to a Bakersfield Personal Injury Lawyer: Navigating an injury claim is never easy. Trying to figure out everything on your own is immensely challenging, The right professional advocate can make all of the difference. At Oaks Law Firm, our Bakersfield, CA personal injury lawyers go above and beyond to make the legal process as easy as possible for victims and families. We are here to help you maximize your financial recovery.
We Handle the Full Range of Personal Injury Claims in Bakersfield
We are a full-service law firm representing injured victims in Bakersfield, Kern County, and throughout the surrounding communities in the San Joaquin Valley. Our law firm stands out from the crowd in our commitment to doing right for our clients. We take on the most serious of injuries and the most complex of legal cases. No matter the specific circumstances of your case, we are here to help you get justice and compensation.
Among other types of claims, our Bakersfield, CA attorneys have extensive experience handling:
All Serious Accidents Require a Comprehensive Investigation (Proving Liability)
Every serious accident requires an in-depth, detail-driven investigation. It is crucial that you know exactly what went wrong—including how the accident happened, why the accident happened, and who was at fault for the incident. A prompt and comprehensive investigation will help to ensure that you have all of the evidence that you need to prove fault and establish liability.
In California, most claims are based on fault. A party is only liable for the injuries of another person to the extent that they caused the accident through their reckless, careless, or otherwise negligent conduct. Negligence can be simply described as the failure to take due care. It is a situation-specific determination—which further emphasizes the importance of an investigation.
One of the most important things to understand about personal injury liability in California is that we live in comparative negligence jurisdiction. What does that mean in your case? It means that liability for an accident is apportioned in a manner that is directly proportional to fault. Notably, you could be held partially responsible for your own accident if you were negligent.
As an example, assume that you were hurt in a slip and fall at a retail store in Bakersfield. You have the right to bring a personal injury claim on the basis of premises liability. If you were deemed at fault for 25 percent of your own slip and fall accident, it means that you would only be able to hold the defendant liable for the remaining 75 percent of your damages.
How Much Compensation Can You Recover in a Personal Injury Claim?
Following a serious accident in Kern County, you need money to pay your medical expenses. Yet, even when the fault is not disputed, getting a fair settlement offer can be difficult. Here is the primary issue that you need to worry about Insurance companies want to pay out as little as possible in the claims process. Their financial incentive as a for-profit business is to resolve claims for as little as possible—and they are well-resourced. You need a reliable attorney on your team. At Oaks Law Firm, our experienced personal injury lawyers are always prepared to go the extra mile to maximize your financial compensation. Monetary support may be available for:
Although the majority of personal injury claims are resolved through a settlement, it is always possible that your case could be litigated. Our Bakersfield, CA personal injury lawyers are not only adept in settlement negotiations, we are trial-tested. It is our fundamental goal to help you secure every penny of financial relief you are entitled to under the law.
Dealing With the Insurance Company in an Injury Case: What You Should Know
The overwhelming majority of personal injury claims are processed/defended by insurance companies. Dealing with an insurance company after sustaining a serious personal injury can be a daunting task. It can be incredibly stressful and overwhelming. Given this, it is essential that you know how to handle the insurance company. Some notable tips that you use can when dealing with insurance adjusters are as follows:
Make Sure You Understand the Objectives of the Insurance Company:
Insurance companies are in the business of making a profit, and they will do everything they can to reduce the amount of money they pay out in claims. They may try to deny your claim outright, delay the claims process, or offer a low settlement amount. It is important to understand the tactics insurance companies use so that you can protect your rights and negotiate a fair settlement. It is imperative that you know that the insurance company is on its own side—not on the side of you and your family.
Do Not Give a Recorded Statement to an Insurance Adjuster: An insurance company representative may contact you after an accident. They will often request a recorded statement. While it may seem harmless to provide this statement, it can be used against you later in the claims process. Insurance adjusters are trained to ask questions that may lead you to admit fault and/or minimize the severity of your injuries. You have the right to consult with a Bakersfield personal injury attorney before speaking to an insurer.
Beware of the Quick, Lowball Settlement Proposal:
Insurance companies may offer you a quick settlement in hopes that you will accept a lowball offer and avoid a lengthy claims process. However, accepting a low settlement can leave you without enough compensation to cover your medical bills, lost wages, and other damages. It is vital to consult with a Bakersfield personal injury attorney before accepting any settlement offers to ensure that you receive fair compensation for your losses. Do not agree to settle your case for less.
Always Work With Insurers Through Your Bakersfield Personal Injury Lawyer:
Working with a top-rated Bakersfield personal injury lawyer can help protect your rights and ensure that you receive fair compensation for your injuries. Along with other things, your attorney can negotiate with the insurance company on your behalf, gather evidence to support your claim and advocate for your rights throughout the process. By working with the right lawyer, you can rest assured that your best interests are being represented.
How the California Personal Injury at Oaks Law Firm Can Help
Injury claims are complicated. You do not have to go up against defendants and insurance carriers alone.
At Oaks Law Firm, we are dedicated to serving victims and their families. Our legal team is prepared to get started on your case immediately. Among other things, our Bakersfield, CA personal injury attorneys will:
No two injury claims in Kern County, California are identical. You deserve legal representation from a Bakersfield personal injury lawyer who will put personal attention and real resources behind your case. With a record of case results, injured victims rely on our Bakersfield attorneys to handle their claims properly.
What to Look for in a Top-Tier Bakersfield Personal Injury Lawyer
There are a lot of attorneys who will take on personal injury cases in Bakersfield, Kern County, and elsewhere in Central California. It is imperative that you are able to find the right lawyer for your specific case. What should you look for when researching personal injury lawyers? Here are four notable traits to look for when hiring an attorney for your personal injury claim in Bakersfield:
- Relevant Experience: To start, the Bakersfield attorney you choose should possess substantial experience in the field of personal injury law. Experience is not just about the number of years in practice, but also about the depth of their expertise in cases similar to yours. You need an attorney who has been there before—ideally with real-world experience handling cases similar to your own. At Oaks Law Firm, we have vast experience taking on personal injury claims in Bakersfield and throughout Kern County.
- Personalized Attention: The best attorney in the world is only the right choice for your case if they are actually willing to devote time and resources to protecting your rights. Personal injury cases often involve sensitive and personal circumstances. With this in mind, it is imperative that you are able to find a top-tier Bakersfield personal injury lawyer who provides truly personalized attention to your case. Your legal advocate should take the time to understand the nuances of your situation, be attentive to your concerns, and tailor their approach to meet your specific needs. A lawyer who treats you as more than just a case number and shows genuine concern for your well-being will get you a better outcome.
- Open Communication: Effective communication is a cornerstone of a successful attorney-client relationship. Look for a lawyer who is not only accessible but also keeps you informed throughout the legal process. Among other things, your Bakersfield personal injury attorney should be able to explain complex legal concepts in understandable terms, promptly respond to your queries, and provide regular updates about the progress of your case. You should never be left in the dark about what is happening with your case.
- A History of Results: Results matter. A Bakersfield, CA personal injury lawyer’s track record is a critical factor. You should review their history of verdicts and settlements to gauge their ability to deliver favorable outcomes. A lawyer with a consistent record of securing substantial compensation for their clients is indicative of their skill and expertise in the field.
You Can Always Afford to Retain a Top-Rated Personal Injury Lawyer in Bakersfield, CA
If you were seriously injured in an accident, you may feel overwhelmed and uncertain about how to proceed. It is normal to be worried about the possible cost of bringing a claim. There is good news: You do not have to face this difficult situation alone. At Oaks Law Firm, we represent injured victims in Bakersfield, CA on a contingency fee basis. You will not have to pay any upfront fees or expenses. Instead, our legal team will only get paid if we win your case and secure a settlement or verdict on your behalf. No matter your financial situation, you can afford to hire a top personal injury lawyer.
Personal Injury Law in Bakersfield, CA: Frequently Asked Questions (FAQs)
Should I See a Doctor After an Accident?
Yes. You should always see a physician after an accident. Seeking medical attention can ensure that any physical injuries are diagnosed and treated promptly, which can prevent further complications and help you recover faster. Beyond that, you cannot bring an injury claim in California without supporting medical records. Make sure you see a doctor right away.
What is the Statute of Limitations for a Personal Injury Law Claim in California?
You must initiate a claim before the statute of limitations runs out. A statute of limitations is the legal deadline to take action. For most personal injury claims in California, the statute of limitations is two years from the date of the accident. In some cases, you may have even less time to act. Although there are some limited exceptions, they should not be relied upon whenever possible. Consult with a Bakersfield, CA personal injury lawyer right away after an accident.
How Do I Know How Much My Personal Injury Claim Is Worth?
You need full and fair financial compensation after a serious accident in Bakersfield. How much is a claim worth? The value of a personal injury case depends on several factors, including the extent of the injuries, the impact on the victim’s life, and liability. An experienced Bakersfield personal injury lawyer can evaluate the details of your case and help determine an appropriate value for your claim.
Does California Have Caps on Personal Injury Compensation?
Yes—but only in a narrow subset of cases. California has a cap for non-economic damages in a medical malpractice claim. As of 2023, these damages are capped at $500,000 per claim. However, the cap is set to rise to $1 million over the next decade. However, for other types of personal injury cases—from car accidents and truck accidents to slip and fall accidents and negligent security claims—there are no statutory caps on the amount of damages that an injured victim can seek. In other words, most personal injury claimants in Bakersfield have a right to pursue financial compensation for the full extent of their losses, including economic and intangible damages.
What is a Demand Letter in a Personal Injury Case?
A demand letter in a personal injury case is a document sent by the injured party—or more often, their Bakersfield personal injury attorney—to the at-fault party and/or their insurance company. This letter outlines the facts of the incident, establishes liability, and details the injuries and losses sustained. It also demands a specific amount of compensation for these damages. The letter serves as a formal initiation of settlement negotiations and is a critical step before filing a lawsuit. It provides an opportunity for the injured party to clearly state their case and the compensation they seek. A demand letter is a key part of a case and it should always be drafted/reviewed by an experienced Bakersfield, CA personal injury attorney.
Will My Bakersfield, CA Personal Injury Case Go to Trial?
The simple reality is that most personal injury cases in Bakersfield, CA do not actually go to trial. Instead, they are settled through negotiations between the parties involved—usually the injured victim and one or more insurance companies. Still, it is important to prepare for the possibility of a successful personal injury case going to trial, as it can happen if the parties cannot reach a settlement agreement. Further, preparing a strong, well-supported case that is ready for trial will put you in a better position to get the maximum financial settlement.
What are Some Defenses Against Personal Injury Liability that Might Be Raised?
In personal injury cases, several defenses might be raised by the defendant. A common defense in personal injury claims in California is comparative negligence. In effect, the defendant argues that the plaintiff was partly responsible for their own injuries. By raising comparative negligence, a defendant may be able to reduce the value of the victim’s case. Another common defense in personal injury claims in California is an assumption of risk. It used to argue that the plaintiff knowingly engaged in a risky activity. Beyond these, the defendant and/or their insurance company claim that the plaintiff has not sufficiently proven their case, disputing either the extent of the injuries or the causation.
How Does California’s Pure Comparative Negligence Rule Affect Personal Injury Claims?
In California, the rule of pure comparative negligence is applied in personal injury cases. This rule affects claims by allowing a damaged party to recover compensation even if they are partially at fault for their injuries. Under this rule, the compensation awarded to the plaintiff is reduced by their percentage of fault. For example, if a plaintiff is found to be 30 percent responsible for a distracted driving accident in Bakersfield, their total compensation will be reduced by 30 percent as well. This system ensures that compensation is allocated in proportion to each party’s degree of fault, allowing for fairer outcomes in complex cases where multiple parties share responsibility.
Schedule a Free Consultation With a Bakersfield Personal Injury Attorney Today
At Oaks Law Firm, our Bakersfield personal injury lawyers are aggressive, trial-tested advocates in personal injury cases for accident victims, and their loved ones. If you or your family member was severely harmed in an accident, our personal injury attorney is more than ready to help. Give us a call now or connect with us online for a free, no strings attached initial consultation. We handle catastrophic injury claims throughout Kern County, including in Bakersfield, McFarland, Ridgecrest, Tehachapi, Wasco, Delano, and California City.
CALL TODAY! (877) 539-5366
Recovering the Damages You Deserve
If someone else is to blame for your injuries, you have the right to seek compensation for the full amount of damages you've suffered. These damages can include medical expenses, lost wages, property damage, as well as pain and suffering. You must bring forth your claim within one year of the accident date. Not filing your case within one year will bar you from recovery.