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Every year in Bakersfield, people are injured due to the recklessness or carelessness of another person or company. Whether your injuries were caused by a vehicle accident, a construction accident, an accidental fall, a defective product, a dog bite, sexual assault, or some other cause, if someone else was at fault for your accident, you deserve just compensation for your injury. Contact a skilled personal injury attorneys today at Gomez Trial Attorneys to review your case and discuss your recovery options.
If you have been injured, and it’s someone else’s fault, Gomez Trial Attorneys can help. We are an award-winning law firm and have recovered $500 million for personal injury victims over the past two decades. Our offices are right here in Bakersfield.
Our only focus is obtaining justice for people who have been injured or otherwise harmed through negligence or intentional misconduct. In the past year, for instance, we won a $16.2 million settlement for a slip and fall accident. While we cannot, of course, guarantee that any single personal injury case we take on will receive damage compensation that large, past results are a sign of how hard we fight for justice—and how hard we can fight for you. We seek the best outcome possible for every personal injury case.
We know that many hard-working people in Bakersfield may be hesitant to contact a personal injury attorney because they are anxious about payment. There is no need to worry: Our first consultation regarding your case is always free.
Personal injury law covers injury to the body, emotions, or mind that another party caused. The other party can be another person, a company, or an organization, such as a nursing home.
Three elements need to exist in a personal injury case. First, the other party must have been negligent. Negligence, in legal terms, is failure to show the duty of care a reasonably prudent person shows.
Duty of care is a legal concept as well, and while most people may not have heard the term, we do know that we are expected to go through life not causing harm. When we get behind the wheel of a car, we are expected to operate it safely and not drive recklessly. That’s a driver’s duty of care. Construction companies are expected to make sure working conditions are as safe as possible. Store owners and landlords are expected to keep their property in good repair for customers and tenants. Doctors and nursing homes should exercise good judgment in medical care and perform their duties properly.
When a reasonable duty of care has not been observed, the law refers to it as a breach in the duty of care. Such a breach is negligence. It can most vividly be seen in examples. A car driver who gets behind the wheel drunk has breached a duty of care to drive safely. A construction company that fails to provide safety equipment and requires work in dangerous conditions has breached a duty of care. A store owner who doesn’t clean up spilled liquid properly and a landlord who doesn’t repair faulty wiring both their breach duties of care.
To successfully bring a personal injury case, you must show that
A negligent party is likely liable for your injuries when all these conditions are met.
While these are just a few examples of personal injury cases, the range of potential personal injury cases is broad Personal injury cases might include the following:
Personal injury covers any type of injury or harm that can occur as a result of accidents such as the above, from traumatic brain injury (TBI) in a car accident to burns from an exploding e-cigarette (a type of product liability). Here is a quick summary of common types of injuries that can occur in personal injury cases.
Accidents involving cars, bicycles, pedestrians, motorcycles, and trucks can include:
Construction sites are some of the most dangerous workplaces in the United States. Serious and fatal accidents unfortunately occur often enough that the Occupational Safety and Health Administration (OSHA) terms the following injuries the Fatal Four:
Other types of construction accidents can result from a lack of duty of care, such as not maintaining safe working conditions on the site.
Dog bites can cause serious injury, especially if the dog is large and the person bitten smaller (such as a child). California law holds that a dog’s owner is strictly liable if their dog bites someone in a public place or a private place where the victim lawfully was (such as a private home). Strictly liable means the owner is responsible for the injury regardless of the duty of care observed or intent to harm. Dog bites can cause cuts, bruises, internal injuries, spinal cord injuries, infections, scars, and disfigurement. Blood loss from a dog bite can be fatal.
Owners of premises are responsible for keeping the areas safe. Store owners, for instance, must keep stores safe for the public, as must hotel owners, shopping mall owners, and so on. Landlords must keep their buildings and grounds safe for tenants.
Slipping and falling in any kind of building (or grounds) can result in cuts, bruises, sprains, broken bones, TBIs, spinal cord injuries, and internal injuries.
If products cause injuries or harm to those who use them, the makers of those products can be liable for injuries. The range of injuries in product liability cases is very broad, just because products themselves vary so widely.
Some toys are unsafe and explode when used, for example. Some children’s pajamas are flammable. E-cigarettes can catch fire in a user’s pockets. Some commonly prescribed drugs and medical devices are dangerous and cause septic shock, high blood pressure, stroke, and other conditions. Some car tires blow out far before the tire should even have worn tread.
Because of the multiplicity of potential harm products can do, they can cause almost every type of injury, from internal bleeding and broken bones to TBIs.
More and more, society is taking sexual abuse and assault seriously—and understanding how widespread these types of personal injuries are.
Sexual abuse and assault can cause physical injuries such as cuts, bruises, internal injuries, sexually transmitted diseases, and infections. If the assaults are severe, they can cause broken bones, TBIs, and spinal cord injuries.
Sexual abuse and assault can also cause mental and emotional trauma that can last for years.
We expect medical personnel and healthcare systems to heal us, not to do harm. But in fact, doctors and other practitioners can fail to exercise the proper duty of care in many ways. They may misdiagnose a condition, fail to read charts properly, choose an incorrect method of treatment or follow it improperly, and even leave surgical implements in a patient after surgery.
All these errors or failures constitute medical malpractice. People can fail to get better because of misdiagnosis or receiving the wrong treatment. They can suffer allergic reactions to the wrong type of drug. Failure to diagnose properly can prove fatal.
Nursing homes and assisted living facilities owe a duty to their residents to provide safe care and proper treatment for their conditions. But unfortunately, abuse of all types does occur in nursing homes.
Elder abuse is widespread in California and across the United States. The U.S. Centers for Disease Control and Prevention defines elder abuse as “an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult.”
Elder abuse includes the following:
Because these areas are so broad, elder abuse can cause a wide number of injuries.
Physical abuse, for example, can cause physical injuries, such as fractured bones or burns. Emotional abuse can cause mental anguish and cause the elderly to withdraw from all social interaction. Sexual abuse can result in sexually transmitted diseases and mental distress. Abandonment can be very dangerous to older adults, resulting in falls or illnesses caused by a lack of appropriate medication. Exploitation means using an older person’s money or access to them for personal gain (such as living in their house without an appropriate relationship or permission), so the injury can be emotional and financial.
Personal injury cases are designed to obtain economic justice for the harm an injury or other wrongdoing does.
While some personal injury cases, such as sexual abuse and assault or financial elder abuse, may also be crimes, a personal injury case does not attempt to convict the at-fault party for a crime. That is the responsibility of prosecutors and criminal courts. Personal injury lawyers operate in civil courts to bring claims on behalf of victims, for damage compensation.
If you or a loved one was been injured by a negligent party, you might seek compensation for both economic and non-economic damage, as follows:
In some cases, the court can award punitive damages if it considers the defendant’s behavior particularly harmful or egregious. As the term implies, the court hands down these damages to punish the defendant. A drug maker who knew a given medication was likely to cause harm but manufactured and sold the drug anyway while failing to warn either healthcare practitioners or patients, for example, may face punitive damages.
If you were injured or harmed by another party in Bakersville, let Gomez Trial Attorneys help. The first consultation to discuss your case is always free. We are paid only out of any settlement or judgment you receive, and if we cannot recover compensation in your case, you don’t owe us a thing. We are ready to fight to do justice on your behalf.
Call today to make an initial consultation appointment at (619) 237-3490, or contact us online.
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