Category Archives: Personal Injury

What Questions Should I Ask My Personal Injury Lawyer?

Wednesday, November 30, 2022

When you are hurt by another person, you have the right to file a personal injury lawsuit against the at-fault party. These claims can be very complex and sometimes difficult to navigate, which is why many people seek the help of a personal injury lawyer. These attorneys specialize in personal injury cases and can provide significant support and resources to recover fair compensation.

With so many options available, finding the right personal injury firm can be a challenge. By preparing a list of questions for your legal consultation, you can better vet potential options and find the attorney with the experience, resources, and knowledge necessary to handle your case. Below are some of the most important questions to ask a personal injury lawyer.

How Many Cases Like Mine Have You Handled?

You want to hire a lawyer who has experience handling similar cases like yours. An attorney with this knowledge and expertise will be better equipped to represent your best interests than a lawyer with no prior experience. 

If your lawyer is relatively new, don’t rule him or her out completely. Instead, ask about the resources available at the firm. Are there more experienced lawyers who will provide support during the case as well? Does the firm have a history of success handling similar cases to yours? These factors can contribute greatly to your outcome.

Do You Think I Have a Strong Case?

Your lawyer will not be able to predict the outcome of your case right away, but he or she should be able to provide an opinion about your situation. Ask the attorney whether he or she believes that you have a strong case or if there are any weaknesses and about your chances for compensation. This question will provide insight into the lawyer’s ability to provide an honest opinion about your case.

How Much Are Your Legal Fees?

Many California personal injury firms operate on a contingency fee basis. Under this arrangement, you will not pay any legal fees unless the attorney recovers financial compensation in your case. However, some attorneys do require you to cover costs like court fees or copying documents. To understand your potential financial obligation, ask the attorney about his or her legal fees.

What Results Have You Obtained for Your Clients?

If an attorney or firm has a strong track record of successful jury verdicts and settlements, that lawyer is more likely to obtain a successful outcome in your case. Ask the attorney about his or her case history and the results that he or she has obtained for clients. You may also want to ask how many cases the lawyer has won in court versus settled during negotiations.

Schedule a Free Consultation with a Lawyer Today

A personal injury attorney is essential when filing a lawsuit against a negligent party. With these questions, you can begin your search for the right lawyer to have by your side. Schedule a free consultation today with a California personal injury lawyer and learn more about what legal representation can do for you.

 

 

 

Posted by highrank at 6:18 pm

Can I Sue for Wildfire Damage?

Thursday, November 10, 2022

Wildfires are a serious risk in California, with thousands of acres suffering from fire damage every single year. These fires destroy property, displace people from homes, and cause devastating injuries and deaths. No one deserves to recover from a wildfire alone, and depending on your situation, you may be eligible to recover compensation for your losses.

If the wildfire was caused by the negligence of another person or an entity, you could file a lawsuit against the responsible party. In this situation, it is important to enlist the help of a wildfire injury attorney who can represent your case and hold the at-fault party liable for his or her dangerous actions.

How Do Wildfires Happen?

Wildfires form when three conditions are present: oxygen, a heat source, and some sort of fuel, like trees, grass, dry brush, and buildings. When a fire starts, it begins to gain momentum and spread as it burns more fuel sources and is spread by oxygen. Combined with dry, drought-stricken conditions, wildfires can cause devastating damage to thousands of acres.

These fires can be caused by several factors, some of which are caused by humans and some of which are caused by environmental conditions. Below are some of the most common contributors to wildfires:

  • Burning debris
  • Unattended campfires
  • Fireworks
  • Electrical lines
  • Lightning
  • Discarded cigarettes
  • Motor vehicle crashes
  • Intentional arson
  • Equipment malfunctions

When Can You File a Lawsuit After a Wildfire?

If someone else’s actions caused a wildfire, you have the right to file a lawsuit against an at-fault party in California civil court. In your claim, you can recover financial compensation to pay for any property damage, medical care, lost wages, or pain and suffering related to the fire. Multiple parties could be liable for a wildfire, including electrical companies, campers, motor vehicle drivers, and other individuals or entities.

However, you will need to show that negligence caused the wildfire. There are three elements of negligence:

  • The person or entity that caused the fire had a duty of care to the plaintiff.
  • The person or entity breached that duty of care, starting the fire.
  • As a result of the breach of duty, the person or entity caused the fire and the plaintiff suffered damages as a result.

For example, say that the fire was caused by an unattended campfire. Anyone who is camping has a duty to practice fire safety and not start a fire at the campground. If a camper doesn’t properly snuff out his or her fire after camping, a single spark can cause a significant wildfire. In this situation, you could file a lawsuit against that camper.

In cases that do not involve negligence, you may protect your assets by investing in insurance coverage for wildfires. However, you will need to purchase this insurance before the wildfire occurs, or you won’t receive protection. 

Speak to a California Personal Injury Attorney Today

If you suffered property loss or burn injuries in a wildfire, you may qualify for financial compensation. In these situations, you need a lawyer who can advocate for your rights and gather enough evidence to prove the at-fault party’s liability. Contact a Bakersfield personal injury lawyer as soon as possible to discuss your case and plan your next steps.

Posted by highrank at 6:19 pm

Daniel Rodriguez Representing Arvin High School Special Needs Bullying Victim

Wednesday, November 2, 2022

Daniel Rodriguez, founding partner and president of Rodriguez & Associates, announced in a press conference on Wednesday, October 26, 2022, that his firm is representing a special needs student who was the victim of a bullying incident at Arvin High School.

The victim is a 16-year-old student who has significant learning disabilities. Mr. Rodriguez explained that it is difficult for special needs children to fit in and find acceptance and friends, making them a target for manipulation.

Recorded by student onlookers and posted across social media platforms including Twitter and TikTok, the video showed the student’s evident despair and frustration as a crowd of bystanders, which included at least one security guard, taunted and laughed at him as multiple students shaved his head.

The incident seemingly ended when another student came to the aid of the victim, helping him to a female security guard who carted him away from the situation. Danay Gonzales, an attorney with the firm, says the school never contacted the student’s mother, who learned of the incident from her sister who had seen it online. The school then attempted to blame the bullying on the student.

Arvin High School, which happens to be Mr. Rodriguez’s alma mater, is part of the Kern County School District. Rodriguez stated in the press conference that schools have a legal obligation and duty to protect all students, a standard that was not met considering the outcome of this incident.

“What is going on in the high school district? They all talk about having measures in place. [Bullying is] not just isolated to Arvin High School,” Rodriguez said. “We have a number of other cases.”

An outpouring of support for the victim and public outcry against the school administration was voiced in a protest last week as residents, students, alumni, and family members surrounded the school. School officials issued a statement, assuring the public that they were investigating the incident and that two staff members were placed on administrative leave.

Rodriguez said his office is also conducting a full investigation of the incident and intends to hold responsible both those directly involved and others who failed to protect the student. Since this particular case is against a government-funded public school, the firm must file a government tort claim prior to filing a lawsuit.

The team of award-winning attorneys at Rodriguez & Associates is known for handling complicated and sensitive issues involving minors affected by school bullying, violence, and other in-school incidents. They offer care and compassion for their clients while fighting intently for truth and justice.

About Rodriguez & Associates

Rodriguez & Associates is Kern County’s top personal injury law firm. The lawyers have more than 100 years of combined experience. They are an award-winning law firm known to deliver big firm results with small firm service.

Posted by Lorrie Ross at 4:06 pm

The Personal Injury Lawsuit Process

Tuesday, October 25, 2022

Personal injury covers a broad range of cases in which a person can bring a lawsuit against another person or entity for harm suffered due to negligence. Laws allow individuals who have been injured to claim damages for both physical and emotional injury, in order to obtain compensation for medical treatment and pain and suffering.

Due to the diversity in cases, the personal injury lawsuit process is complex. If you or a family member are injured due to another person’s negligence it is important to work with an experienced and trusted attorney who can help you seek maximum compensation for your injuries.

Bakersfield personal injury law firm Rodriguez & Associates has outlined the personal injury lawsuit process to help you understand the general development of a personal injury case, from the time of the incident through appeal.

  1. Seek Medical Treatment
    If you are injured in an accident, your priority is to ensure you receive any necessary medical attention immediately. Quick and proper care can help you treat injuries most effectively as well as provide you with documentation provided by doctors, nurses, therapists, and other providers that can help validate your claim.
  2. Find a Personal Injury Lawyer
    It is recommended that you discuss your personal injury claim with an experienced attorney, especially if your situation is complex. Always research potential attorneys to ensure they have demonstrated experience in the practice area of your case, resources available to conduct thorough investigations, and the ability to take your case to trial and appeal if need be.Rodriguez & Associates is an award-winning personal injury firm in Kern County that has built the reputation of prioritizing client needs while pursuing exceptional results in a variety of practice areas including trucking accidents, workplace accidents, and oil field accidents, among others.
  3. Investigation
    It is important to share all details of your case, injuries, medical records, and medical treatments with your attorney so your team has an accurate and pragmatic understanding of your case and can best provide you with clarity and expectations. Each personal injury case is unique and may present challenges related to statutes of limitations, evidence, or testimonies. Keeping accurate records of treatment payments, bills, and other financial information that demonstrate your injuries and recovery will be helpful for your attorney as they fully investigate your situation and determine potential damages.
  4. Demands and Negotiation
    It is not uncommon for a personal injury claim to reach a settlement without ever going to trial. Settlements are determined at this time when your attorney contacts the defendant to demonstrate your intent to file and requests full reparations.Prior to contacting the defendant, your attorney will typically wait until you have reached maximum medical improvement (MMI), meaning your injuries have healed to completion of your medical plan. Waiting for MMI will allow your attorney to better determine the complete damages of your case, and the full extent of settlement demands.If the plaintiff and the defendant are unable to reach a settlement agreement, the case will move forward toward litigation and a trial.
  5. A Lawsuit is Filed
    Litigation begins when your attorney files a lawsuit on your behalf. In California, a personal injury claim must be filed within two years of the date the accident occurred. The California statute of limitations does not require that your case be completed within that time frame, but according to the law, your case must be filed within two years from the time the injury occurred. There are exceptions to the personal injury statute of limitations as well, including medical malpractice cases, cases brought against a government entity, as well as cases in which the injury was not immediately discoverable. Working with an experienced personal injury attorney will ensure that your lawsuit is filed in accordance with the law.
  6. The Discovery Phase
    During the discovery phase, your attorney and the defendant’s attorney will review and investigate both sides of the case, measuring evidence, testimonies, and defenses against each other. Both the plaintiff’s side and the defense will communicate openly, ask questions, share documents, and take depositions from both sides to establish a complete explanation of what occurred, who was at fault, and where liability falls.
  7. Mediation and Negotiation
    After case materials have been reviewed, lawyers may enter a renegotiation of damages toward a settlement. If they are unable to find a resolution, a neutral, third-party mediator can be asked to assist in the negotiation.
  8. Trial
    If mediation is not an option or does not reach a resolution, the case may enter into trial. Trials can be time-consuming and expensive processes for both parties, requiring extensive resources and preparation. Trials will culminate in a decision reached by a judge or a jury. The team at Rodriguez & Associates are well-versed trial lawyers who do not back down from the challenge of taking a case to trial if necessary.
  9. Appeal
    If either party disagrees with the judgment made at trial, they may appeal the decision to a higher court. In this process, the court will review the details of the case and how the determination was made by the lower court. An appellate court can either uphold the original judgment or, in the event it is decided there was not enough evidence to make a decision, return the case to its initial stages. To read about one of our recent verdicts upheld on appeal, click here.

While the majority of personal injury cases will not reach trial, it is important to work with a legal team that possesses the resources and capability to help you reach a successful trial verdict, and have that verdict upheld on appeal, if need be. The experienced team of personal injury attorneys at Rodriguez & Associates holds records for some of the largest settlements and verdicts in Kern County.

If you have been injured due to the negligence of another person, the attorneys at Rodriguez & Associates will make sure that all needs of your case are met while you focus on recovery. Contact our Bakersfield, CA office today for a free evaluation of your case.

Posted by Lorrie Ross at 8:39 pm

My Child Was Injured at School – Who Is Liable?

Friday, October 14, 2022

In California, schools must protect the children who attend their institutions. This obligation requires schools to provide adequate supervision and ensure that their facilities are safe. Unfortunately, many children are injured at school every year.

If your child was hurt at school, you may wonder who is liable. In the event that the school’s negligence caused your child’s injuries, you could hold the institution accountable for his or her damages. In these situations, it is best to consult with a Bakersfield personal injury attorney to discuss your legal options.

Common Causes of Injuries at School

We often think of schools as safe places where children can learn and grow their skills. However, there are many hazardous conditions and dangerous situations that a child can encounter at school. An accident at school can lead to serious injuries and potentially lifelong complications, which can affect your child for years to come.

Below are some of the common causes of school injuries:

  • Poorly maintained buses and school vehicles
  • Dangerous property conditions like cracked pavement and loose flooring
  • Poorly maintained playgrounds and recreational equipment
  • Failure to use proper food safety techniques and sanitary procedures when preparing meals
  • Lack of adequate supervision during recess, mealtimes, and extracurricular activities
  • Failure to have an adequate plan for emergencies like natural disasters or school shootings
  • Failure to properly supervise and maintain children’s safety during sports, physical education, and other recreational activities

In some cases, school injuries are not caused by unintentional accidents, but by mistreatment, assault, and abuse. Teachers, caregivers, and other people in positions of authority can intentionally harm children in very serious and painful ways. 

Filing a Lawsuit Against a School for a Child Injury

If your child is hurt at school, you have the right to file a lawsuit against the person or entity who was responsible for the incident. Your options for compensation will depend on the circumstances surrounding your child’s injuries. 

Depending on the cause of the injury, any of the following parties could be liable if your child is hurt at school:

  • School Employees: If an employee of the school’s negligent or intentional actions caused your child to get hurt, you can file a claim against that employee. For example, if a school bus driver causes an accident, you can name him in your lawsuit. If a teacher fails to provide adequate supervision, you could file a claim against that teacher.
  • The School and the School District: If an employee of the school causes an accident, you can name the school and/or the school district in your lawsuit. You can also file a lawsuit against the school or district directly if the entity’s negligence caused your child’s injury.
  • The Government: If the school is a public institution, it is considered a governmental entity. You could file a lawsuit against the government agency responsible for the school as well.
  • A Non-Profit or Religious Organization: If your child attends a private school, you could file a lawsuit against the non-profit or religious organization that oversees the institution.

Discuss Your Legal Options with a School Injury Attorney

When your child is hurt at school, it is easy to feel scared and overwhelmed. In these situations, it is important to seek the help of a California personal injury lawyer who can support you and your family during the legal process. Contact an attorney as soon as possible to discuss your child’s options.

Posted by highrank at 9:37 pm

What To Do if You Are Hurt in an Oilfield Accident

Wednesday, September 28, 2022

The types of accidents that occur in an oilfield are often unexpected and catastrophic. Understanding the best way to handle an emergency and seek both physical and legal help is essential to your well-being and future.

Daniel Rodriguez, founder and president of Rodriguez & Associates, has firsthand experience working in the oilfield of Kern County and understands the unique and dangerous nature of oilfield jobs. He and his team work to protect the rights of oilfield workers who have been injured on the job due to negligence. Daniel’s guide below can help you understand the process of a personal injury claim if you are injured due to an oilfield accident.

Follow Protocols

Dangerous situations in an oilfield are volatile and unpredictable, often leading to a chain reaction of events such as fires, explosions, and falling equipment. It is important to follow any evacuation and safety protocols to minimize additional hazards. Employers should be notified immediately of any incidents, accidents, or injuries.

Seek Medical Attention

Your health and safety are your priority after an accident. Seek medical treatment immediately if you are hurt to ensure timely treatment. Many oilfield accidents can result in internal injuries that may not be noticeable right away. Even if you believe your injuries to be minor, seek medical care as soon as possible. Medical care will provide you with proper treatment as well as documentation of your injuries.

Document the Accident

Make a written account of what occurred, what led up to the accident, and anything you remember about the location and environment. Document the names and contact information of witnesses, and include photos if you can of the scene as well as your injuries.

Contact an Experienced Personal Injury Attorney

To ensure your rights are protected, contact a personal injury attorney with experience handling oilfield accident cases and negotiating against oilfield companies and large insurance companies. When complicated cases include multiple companies, defective machinery, or other third parties, an attorney can help you understand worker’s compensation rights and choose the best path for your financial recovery.

While each oilfield accident case involves unique factors, the experienced team of attorneys at Rodriguez & Associates has decades of experience handling complicated personal injury matters including obtaining $4.5 million for a defective oilfield derrick and $3.5 million for a worker who sustained injuries after an oilfield crane dropped on him. Matched with our ties to Kern County and industry experience, we understand the concerns and frustrations that working families face when an earner is no longer able to work due to injury.

Contact us at 661-323-1400 or 800-585-9262 to schedule a free consultation with one of our Bakersfield oil field accident attorneys today.

Posted by Lorrie Ross at 3:37 pm

5 Types of Brain Injuries Sustained in Car Accidents

Wednesday, September 21, 2022

When a car accident happens, it is common for the vehicle occupants to suffer forceful blows, jolts, or bumps to the head. This trauma can cause serious damage to the brain and lead to painful, sometimes life-altering effects like persistent headaches, loss of function, or even a coma.

Brain damage can range in severity and can lead to significant financial, physical, and emotional hardships. There are many types of brain injuries that a person could sustain in a car accident, including concussions, skull fractures, and contusions.

#1: Concussion

Concussions are one of the most common types of brain injuries in traumatic accidents. This injury is typically caused by a blow to the head and results in symptoms like nausea, headache, vomiting, blurred vision, and ringing in the ears.

Concussions are relatively mild, but some injuries can lead to dangerous complications and long-lasting effects. Some patients experience a temporary change in mental function and could suffer compounded symptoms if they have another concussion before the first one is healed.

#2: Skull Fracture

During a car accident, the skull surrounding your brain can fracture or crack. Because they can happen any time that you hit your head, skull fractures usually occur in addition to other injuries like concussions. Symptoms of this condition include bruising, swelling, severe head pain, and bleeding from the ears or nose.

#3: Coup-Contrecoup Injury

A coup-contrecoup injury occurs when your brain is injured in two places. During a car accident, you could suffer a blow to the head that severely injures the brain at the site of impact. However, the force can be so great that it causes your brain to slide to the other side of your skull and suffer an injury on the opposite end. Coup-contrecoup injuries can be very painful and lead to bleeding, swelling, and bruising.

#4: Brain Contusion

Contusion is another word for bruise. When the brain suffers a violent jolt or blow during a car accident, it is very common for contusions to develop. In some cases, brain contusions heal without major medical intervention. However, these injuries can lead to extremely dangerous complications like blood clots and bleeding.

#5: Diffuse Axonal Injuries

Axons are cables that connect different neurons in the brain together, allowing electrical impulses to travel from cell to cell. Extreme forces exerted during a car accident can cause the axons to tear or shear, leading to a diffuse axonal injury. This type of brain injury is extremely severe and often results in devastating injuries, comas, or death.

Contact a California Brain Injury Attorney

If your brain was damaged in a motor vehicle collision, you deserve fair compensation for the harm that you suffered. By filing a brain injury lawsuit or car insurance claim, you could secure a settlement to help pay for medical care, property damage, disability accommodations, and other losses.

If you have suffered a brain injury in California, you should retain the services of an attorney who will fight for the full value of your compensation. Your brain injury lawyer can help you navigate the legal process and work to protect your rights and best interests.

Get in touch with an attorney as soon as possible after your car accident to initiate an insurance claim or lawsuit. Your lawyer will evaluate your case and help you begin the process of obtaining the settlement you deserve.

Posted by highrank at 8:53 pm

Determining Liability in Your Truck Accident Case

Thursday, September 8, 2022

Walking away from a truck accident as an uninjured driver or passenger of a standard-sized vehicle is rare simply due to the sheer size and force of a moving truck. The injuries that occur in a truck accident are generally severe, often including head trauma, internal bleeding, and back and neck injuries.  

Yet, seeking compensation for medical bills, ongoing treatment, wages, and even wrongful death in a truck accident is extremely challenging and tedious. Large trucking companies are prepared with legal teams and massive insurance policies that have the goal of protecting their company, their manufacturers, and their drivers from a large payout. 

Working with a truck accident attorney who has experience handling claims against trucking companies, drivers, and manufacturers, as well as aggressive insurance companies, is crucial to the success of your case and your peace of mind while you heal.

Crash Investigation

Attorneys can determine the cause of an accident through an extensive and in-depth investigation that will involve visits to the crash site, a review of the driver’s black box, driver log, and other factors including police reports, weather conditions, and eyewitness reports. Attorneys will address the potential for multiple parties involved by reviewing the trucking company’s history of accidents, manufacturing issues, or other logistical concerns. A detailed investigation can take months to review critical evidence in a truck accident. 

Multiple Parties

Layers of trucking laws, specific investigative procedures, and multiple involved parties can make a successful truck accident lawsuit seem out of reach. Unlike a typical car accident, truck accidents can possibly involve multiple negligent parties in addition to the driver. It is crucial for you and your attorney to understand the connection between various parties including the trucking company, manufacturer, and even cargo loaders. Determining which parties were negligent and should be held liable for injuries and damages is an essential part of your truck accident claim. 

Who Can be Held Liable in a Truck Accident?

The trucking industry has so many interconnected roles that negligence, as early in the process as manufacturing, can create potential harm for anyone on the road. Truck drivers, manufacturing companies, truck owners, and trucking companies, among others, can potentially hold responsibility for an accident.

Truck Drivers

The most common defendant in a trucking accident, the negligent behaviors of a truck driver can have tremendous consequences for others on the road. Common negligent actions among truck drivers include:

  • Distracted driving
  • Driving impaired
  • Failing to follow state or federal laws
  • Drowsy driving
  • Failing to maintain driver’s log

Truck Companies/Truck Owners

The truck’s owner, whether an individual, a company, or a leasing firm, is responsible for ensuring the truck is completely safe and roadworthy. If the truck’s owner fails to properly maintain the truck, and that lack of maintenance causes an accident, the owner can be held liable for any damages. In addition, companies are responsible for hiring fully licensed and experienced drivers and ensuring those drivers comply with trucking laws. Common negligence among truck companies and owners includes:

  • Poor truck maintenance
  • Hiring unqualified drivers
  • Insufficient training of employees
  • Encouraging their drivers to violate hour and sleep restrictions

Truck Manufacturer

Manufacturing errors are significant factors in truck accidents. Recorded data from 2021 showed that about 30% of all truck-related accidents are caused by tire defects. Even when warnings and recalls are in place, the truck manufacturer can still potentially be held liable for damages. 

Cargo Loaders

The companies that hire trucking companies to transport their materials and products can potentially be held liable if their materials are not securely fastened and come loose. Over-loading, improper balance or the use of unsafe straps, levers, or other securing devices are all common factors in trucking hazards.

How We Can Help

California remains among the top states with the highest fatal trucking accidents. According to the National Highway Traffic and Safety Patrol’s 2019 statistics, 7.7% of California truck drivers were involved in fatal crashes during that year. 

Truck accidents are complex and require an experienced eye. Our Bakersfield trucking accident attorneys of Rodriguez & Associates have handled hundreds of truck accidents. Founder and senior attorney Daniel Rodriguez, along with attorneys Chantal Trujillo and Danay Gonzalez, obtained the highest personal injury verdict in Kern County history of over $70 million for a truck vs SUV case. Our firm is familiar with truck engineering, truckers’ fatigue, and other issues that lead to catastrophic accidents.

If you or someone you love has been the victim of a truck accident, contact us today for a free consultation to discuss your case and possible legal options.

Posted by Lorrie Ross at 8:54 pm

Filing a Claim for a California Skull Fracture Injury

Wednesday, September 7, 2022

A skull fracture happens when the skull bone is broken or cracked, usually due to serious and forceful trauma. When this serious injury occurs, the victim can sustain serious brain damage that leads to lifelong complications.

If you suffered a skull fracture because of another person’s actions, you may be eligible for a lawsuit or insurance claim against the negligent party. By filing a claim for a skull fracture injury, you could recover financial compensation to pay for medical care, lost wages, and other damages that you experienced.

The Dangers of Skull Fractures

The brain is one of the most important organs in the human body, helping to control functions like movement, speech, feeling, memory, and more. The skull is responsible for protecting the brain from harm.

Car accidents, slip and falls, and many other incidents can cause the skull to fracture and break, leading to serious brain injuries. It is common for skull fractures to cause permanent disabilities and life-threatening complications, such as bleeding, infections, seizures, or coma.

To protect yourself from these dangerous consequences, you should seek medical attention as soon as possible to check for signs of this injury. Below are some of the most common symptoms of a skull fracture:

  • Headache
  • Extreme fatigue
  • Loss of consciousness
  • Confusion and disorientation
  • Loss of memory
  • Nausea and vomiting

Recovering Compensation for a Skull Fracture Injury in California

Skull fracture injuries can have a major impact on your life, from your finances to your physical and mental well-being. If someone else’s actions caused your injury, you deserve justice. Filing a claim for a California skull fracture injury provides a pathway to the financial compensation that you need to recover from these devastating effects.

Depending on the cause of your injury, you could pursue an insurance claim or a personal injury lawsuit against the liable party. Motor vehicle drivers, property owners, corporations, and even government agencies are a few examples of defendants in these legal claims. An attorney can evaluate your claim and help you identify your optimal path to recovery.

How to Prove a Skull Fracture Claim

To secure compensation for a skull fracture injury, you will generally need to show that the at-fault party caused your accident. Specifically, you will need to gather evidence to prove the following facts:

  • The at-fault party owed you a duty of care at the time of your accident
  • The at-fault party breached his or her duty of care in some way.
  • The at-fault party’s breach of duty caused your skull fracture injury.
  • You sustained damages that you can collect in your lawsuit, such as medical expenses, lost wages, property damage, and pain and suffering.

There are several documents that you could leverage to prove these facts. Your medical records, surveillance footage from the scene of the accident, witness statements, and testimony from experts are a few powerful examples.

Speak to an Attorney about Your Skull Fracture Claim

If you suffered a skull fracture injury and want to pursue a legal claim, you need a lawyer on your side. A California brain injury attorney has the resources, knowledge, and experience necessary to guide you through the litigation process and fight for your right to maximum compensation.

As soon as possible following your injury, schedule a legal consultation to learn more about the process and initiate your claim.

Posted by highrank at 8:47 pm

What is a Shared Fault Law and How Can it Affect Your Personal Injury Claim?

Wednesday, August 10, 2022

Personal injury accidents are not always cut and dry. In California, shared fault laws can affect the outcome of your case. Aggressive insurance companies will use shared fault to their advantage, to minimize their client’s responsibility and damages payout. If you have been injured and are pursuing a personal injury claim, working with a highly experienced personal injury attorney at a reputable personal injury law firm can help you navigate the complexities of shared fault to ensure that you find justice in your case.

What is Shared Fault?

Shared Fault, or comparative negligence, is a law that allows for both the plaintiff and the defendant to be held partially liable for damages. In a situation where both parties were negligent, the court can issue percentages of fault, requiring each party to pay damages to the other, or mitigating the liability of the defendant. Comparative negligence follows the general understanding that the plaintiff does not have the right to recover what they contributed to the accident.

California is among the few states that abide by a “Pure” comparative fault rule which allows the defendant to recover some damages even if they are mostly at fault for the incident.

When Can Shared Fault Occur?

Shared fault can be found in many types of California personal injury cases. While most commonly seen in car accident claims, other common shared fault cases include:

Who Decides Percentages of Fault?

If you were injured in an accident that was caused by a drunk driver, but you were also driving distracted and did not see the other car, how much of the fault is placed on you versus the defendant must be decided. Typically, it is the judge or a jury who reviews the facts and makes an informed decision about the role each party played in the accident.

When your case goes to settlement or trial, your attorney will be able to negotiate the percentages of fault for your case. It may be found that the drunk driver in the example above was 80% at fault for the accident, and you were 20% at fault for driving distracted. The damages you receive would be reduced by the amount of 20%.

Every personal injury accident is unique and there is no absolute method to appropriating fault. With many factors that can influence comparative negligence in a case, it is important to have the support of a legal team who has the ability to advocate for you against large insurance agencies and big companies.

How We Can Help

If you have been injured by the negligence of another person in California, contact Rodriguez & Associates today at (661) 323-1400 or by filling out this online form. Our team of Bakersfield, California personal injury lawyers is skilled at handling all types of personal injury claims including those that involve shared fault, with the goal of securing the most possible damages for you as you recover.

Posted by Lorrie Ross at 7:51 pm