Personal Injury Attorneys Serving Bakersfield, CA

If you’ve been injured in a store in Bakersfield due to hazardous conditions like wet floors, uneven surfaces, or poor lighting, you should contact a personal injury attorney in Bakersfield, CA who specializes in premises liability cases. At Mayberry Law, our attorneys have extensive experience handling slip and fall and other store-related injury cases. We can help you gather evidence, prove the store owner’s negligence, and secure compensation for your medical bills, lost wages, and pain and suffering.

When filing a personal injury claim, several key documents are required to support your case:

• Accident report: A police report or an incident report from the location of the injury.
• Medical records: Detailed documentation of your injuries, treatments, and medical expenses.
• Witness statements: Written accounts from individuals who witnessed the accident.
• Photographs/Videos: Visual evidence of the accident scene, your injuries, and any property damage.
• Insurance information: Documentation of any communications with insurance companies, including claim numbers and correspondence
• Proof of lost income: Pay stubs, tax returns, or a letter from your employer documenting lost wages due to the injury.

Choosing the right personal injury attorney involves several important steps:

1. Experience: Look for an attorney who has specific experience handling cases similar to yours, whether it’s car accidents, slip and falls, or workplace injuries.
2. Reputation: Research the attorney’s reputation by reading online reviews, checking ratings, and asking for referrals.
3. Success rate: Ask about the attorney’s track record in securing favorable settlements or verdicts for their clients.
4. Communication: Choose an attorney who communicates clearly and keeps you informed throughout the process.
5. Fee structure: Understand the attorney’s fee structure, including whether they work on a contingency basis (meaning they only get paid if you win).

The length of a personal injury lawsuit can vary widely depending on the complexity of the case, the willingness of both parties to settle, and the court’s schedule. On average, a personal injury case can take anywhere from several months to a few years to resolve. Here’s a general timeline:

• Pre-litigation: 1-3 months for investigation and negotiations before filing a lawsuit.
• Filing the lawsuit: The lawsuit is filed, and the defendant has time to respond (usually 30 days).
• Discovery phase: 6-12 months for both sides to gather evidence, take depositions, and build their cases.
• Settlement negotiations: Negotiations can happen at any time and often lead to a settlement before trial.
• Trial: If the case goes to trial, it may take several days to weeks, with a resolution following the court’s decision.
• Appeal (if applicable): If either party appeals, the process can extend the timeline by several months or even years.

In California, it is common for personal injury attorneys to advance certain costs related to a client’s case, such as court filing fees, expert witness fees, and investigation costs. However, it is less common for attorneys to directly advance medical costs. Instead, many personal injury attorneys work with medical providers who agree to treat clients on a lien basis. This means that the medical providers agree to be paid out of any settlement or verdict, allowing the client to receive necessary treatment without paying upfront. If the case is unsuccessful, the client may still be responsible for those medical costs.

In California, personal injury attorneys typically work on a contingency fee basis. This means the attorney’s fee is a percentage of the settlement or verdict they obtain for the client. On average, the contingency fee ranges from 33% to 40% of the total recovery. For example, if you receive a $100,000 settlement, the attorney’s fee would be between $33,000 and $40,000. The specific percentage may depend on factors such as the complexity of the case and whether it goes to trial. Clients usually do not pay any fees upfront, and if the attorney does not win the case, they typically do not receive any payment.

The idea that personal injury claims are worth "twice the meds" refers to a general rule of thumb some people use, suggesting that a claim’s value might be twice the amount of medical expenses incurred. However, this is an oversimplification and not a standard formula in California or any other jurisdiction. The value of a personal injury claim in California is determined by several factors, including:

• Medical expenses: Actual costs of medical treatment.
• Lost wages: Income lost due to the injury.
• Pain and suffering: Compensation for physical pain and emotional distress.
• Future medical care: Costs for ongoing or future treatment.
• Impact on quality of life: How the injury affects your ability to enjoy life or perform daily activities. While medical expenses play a significant role in calculating damages, each case is unique, and the final settlement or verdict may be much more or less than twice the medical costs.

In California, the statute of limitations for filing a workers’ compensation claim is generally one year from the date of the injury. However, there are some exceptions:

• Delayed discovery: If you did not realize your injury was work-related until later, the one-year period begins from the date you became aware of the connection.
• Cumulative trauma injuries: For injuries that develop over time (like repetitive stress injuries), the statute of limitations may start from the last date of exposure to the work condition that caused the injury.
• Filing deadlines: Even if you miss the one-year filing deadline, you may still have a limited time to pursue certain benefits, but it becomes more challenging.