Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
The best personal injury lawyers in Bakersfield have a strong handle on the ins and outs of California law and statutes and have a solid record of success in the courtroom. Though Bakersfield isn’t the biggest city by a long shot—its population is just over 400,000—it is home to many respected personal injury lawyers.
To help you find the legal assistance you need, we have scrupulously researched the best personal injury attorneys in Bakersfield and gathered information about the state’s personal injury laws as well.
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Best Personal Injury Attorneys in Bakersfield
Compare Top Personal Injury Attorneys
Other California Personal Injury Lawyers
Personal Injury Laws in Bakersfield
When it comes to personal injury laws, keeping tabs on the latest updates in California is important. The Golden State often sets legal precedent that other states follow in the future. Here are a few of the most important personal injury laws and ideas:
California Statute of Limitations
A statute of limitations is a deadline for filing a lawsuit after an incident has occurred. If you do not file your lawsuit within the applicable time period, there is a good chance it will be rejected—with some exceptions.
In the state of California, the deadline for filing a personal injury lawsuit is two years from the date of injury. However, there are some nuances to be aware of.
- Delayed discovery. If the injury was not discovered for some time after the accident, then the deadline is one year from the date of discovery.
- Suing government bodies. If you are suing a government body or agency that harmed you, then the deadline is reduced to six months from the date of accident. An example of this type of lawsuit would be if you had a slip and fall on state property, resulting in a broken arm.
- Medical malpractice. If your injury was a result of a medical professional’s negligence, you have three years from the incident date to file your claim.
Determining Fault in California
Each state has its own way of determining fault in personal injury cases. In California, a pure comparative negligence framework is used for lawsuits. Essentially, even if you were partially at fault for an injury, you are still able to sue based on how much fault you bore.
For example, if you were rear-ended in a car accident and you suffered $50,000 in damages and you are found to be 20% at fault and the other driver is 80% at fault.=, this means that while you can still sue, you will only be able to claim 80% of your total damages—or $40,000.
Other personal injury laws in California
- Medical malpractice damage caps. For medical malpractice cases, the most you can receive in non-economic damages (e.g. emotional distress, pain and suffering) is capped at $350,000. Note that other forms of damages, such as the cost of treatment, are uncapped.
- No one-bite rule. Breaking away from other states, California does not follow the one-bite rule when it comes to dog bites. This means that no matter if an owner’s dog bites someone for the first or second time, the owner is still strictly liable. Other states do not follow this rule, and instead give dogs a benefit of the doubt—assuming they are not known to bite others until they do.
- No non-economic damages for uninsured drivers. Generally speaking, since insurance is required in California, any driver who is injured while driving without insurance cannot claim non-economic damages (e.g. pain and suffering). This holds true even if the other driver is entirely at fault. But, there are two exceptions to this rule:
- If the negligent driver was driving under the influence
- If the driver was convicted of a DUI that is in connection with the accident
How to Find the Best Personal Injury Lawyer in Bakersfield, California
Personal injury law covers a large array of claims, ranging from car accidents to dog bites. Finding the best lawyer for your case means digging into details to ensure they can represent you well. While that task may seem overwhelming, here are some general points of advice to get you started.
- Look for specific experience. Because of how vast the umbrella of personal injury is, it will not benefit you to simply hire a general personal injury attorney. Each type of claim has its own laws and statutes to follow and be aware of, including different statute of limitations deadlines. Finding a lawyer who has direct experience with highly similar cases is key. The best attorney will also have extensive litigation experience. While only a small amount of personal injury claims do go to trial, having someone on your side who can argue efficiently in court is a boon.
- Ask those around you. Referrals are one of the best ways to find a competent personal injury lawyer in your area. If you know someone who has used a personal injury lawyer recently, ask them what their experience was like. How were they treated? How did the attorney handle the nuances of their case? What kind of timeline were they looking at? Questions like these can help you get to the heart of their experience—and reveal what you could expect, too.
- Ask about fees. Most personal injury attorneys operate on a contingency fee basis. They won’t charge you unless you are compensated through a settlement or verdict. However, while the lack of upfront fees is a plus, be prepared to lose 30 to 40% of your award to your attorney. Make sure you clearly understand what you will be charged and why.
- Check your intuition. Because of the sensitive or sometimes embarrassing nature of personal injuries, you want to be with a lawyer you can trust. While referrals—especially personal ones—are a great source of insight into a person, having a consultation with them to see how you react is important. If you do not feel heard or comfortable with them one-on-one, they probably are not a good fit for your matter.
Methodology
To come up with the Best Personal Injury Lawyers in Bakersfield in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is a personal injury claim in California?
In the state of California, a personal injury claim is defined as a type of civil lawsuit that is filed as a result of harm or loss. A key point of this definition is that the loss or harm the victim suffers must be from physical, emotional or psychological injuries—or a combination of all three.
In California, any person can be held liable for injuries to another, whether they were caused by negligence or intention. Note that just because a personal injury claim is a civil one, does not mean that criminal charges cannot accompany the lawsuit. A person who struck another individual can be sued for civil personal injury and charged with assault and battery, for example.
Do I have to pay taxes on a personal injury settlement in California?
Generally speaking, damages awarded based on physical injuries or property damage are considered non-taxable. This includes wages lost from your job, compensation received for pain and suffering and any medical expenses incurred. But, there are some caveats to be aware of—such as paying taxes due to Medicare and Social Security for lost wages. Talk to your personal injury lawyer to ensure you know exactly what’s coming up during tax season after you received a personal injury settlement.
How long does it take for a settlement to be paid in California?
Typically, compensation is paid within six weeks to five months. But this can vary depending on whether the case went to trial or if it is delayed by other factors—such as an appeal. On the other hand, it could take much less time to receive a settlement if your case is a simple one. It’s best to discuss settlement payout options with your attorney.
