Dec 30, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

I Loaned My Car and The Driver Had an Accident, Am I Liable?

You would not be the first person who loaned their vehicle to somebody and that vehicle was involved in a car accident. The question then is are you liable for the car accident? This will be the topic for discussion of this article. Generally in car accidents the driver owns the vehicle, so issues of liability and insurance are pretty straightforward. However, in the event the vehicle has been loaned to somebody else who is at the wheel, how does this work out? For legal advice on your unique case contact a car accident attorney in Bakersfield. Some common scenarios where a vehicle has been loaned and an accident happens include the following: ● Your employee behind the wheel – while you may not be physically behind the wheel and your employee holds their own driver’s license, unfortunately, as the employer, the law may hold you responsible for any negligent driving that is committed by your employee while undertaking the employment duties at the time of the accident. However, if the accident occurred outside working hours while the employee was not on duty, liability is less  likely to extend to the employer. ● Someone borrowed your car – it is not illegal to loan someone your vehicle so long as you have given them permission to drive it. However, before turning over the keys it is important to know whether or not your car insurance covers them in the event of an accident. If the individual is a family member who regularly borrows your vehicle, you might want to add their name on your policy as a driver allowing them to claim from your insurance company in the event of an accident. If the individual is a friend in need who has their own vehicle and their own insurance coverage, in the event of an accident, you will need to read the fine print of both the policies as to which policy will be applicable. It is of the utmost importance to read the fine print of your policy to know whether or not your insurance coverage applies in any of these situations ● Lending your vehicle to an incompetent or unfit driver – as noted by the term incompetent or unfit by giving permission to this individual and their negligent driving, if they have a car accident, the resultant injuries and damages will likely extend to you as the owner of the vehicle if you were negligent in your entrusting or lending your vehicle to someone you knew or should have known was unfit to drive. Such a case is referred to as negligent entrustment [Negligent Entrustment legal definition of Negligent Entrustment (thefreedictionary.com)]. However, the burden of proof is on the plaintiff to prove that as the car owner you knew or should have known that the driver was incompetent or unfit at the time that you gave permission for him or her to drive your vehicle. Negligent entrustment is committed when you lend your vehicle to the following type of driver: – a drunk individual or an individual who is likely to become drunk – a minor under the legal age to drive – inexperienced drivers driving without supervision – an elderly individual who is unfit to drive due to their age – a person with a history of reckless driving

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Dec 30, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury Lawyers

Claiming Lost Income Due to an Accident

If you have suffered injuries or losses as a result of someone else’s negligence in a car accident, you may be able to receive compensation for your losses by filing a personal injury case. It is not uncommon for an individual who has been injured in a car accident to miss work or opportunities to make income. This article will discuss claiming lost income in a personal injury case. A legal provision of damages that can be recovered in a personal injury case is that of lost income. According to Insuranceopedia [What is Loss of Income? – Definition from Insuranceopedia] loss of income is defined as a “situation in which a person’s source of money for expenses or lifestyle, such as salary from a job or income from a business, is terminated.” A common example is when you have suffered a physical injury that prevents you from doing your job. For example, a broken leg may result in a construction worker being unable to work on a construction site. In such circumstances, the individual is entitled to the wages they would have received had their leg not been broken and had they still been able to work. Even the loss of sick days or personal days may be compensable.  Therefore, if the individual was unable to work for two months, for example, they are entitled to receive compensation of the amount they would normally have been paid for those two months. In other circumstances, the injuries may be debilitating or disabling and may include psychological injuries such as mental anguish and distress. These may also be grounds for receiving loss of income. For your unique injuries speak to car accident lawyers in Bakersfield [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] for legal advice and representation. Other areas that may be compensated under the name of loss of income include the following: Loss of earning capacity – an individual is eligible for loss of earning capacity if the car accident results in permanent or long-term disability affecting them from being able to earn money. The length of such effects may be indefinite. This is applicable even if the individual can work but prevents the individual from getting a higher-paid job as compared to them being able to do so if they had not been disabled. Pre-existing injury aggravation – if the car accident made an injury that you already had worse so much so that you are now unable to work or you cannot work as well as you did before the accident, you may still be able to be compensated for the full amount of your lost wages and/or loss of earning capacity. It must be noted that in order to receive compensation for your loss of wages or earning capacity you need to prove you lost wages and/or have lost your earning capacity.  Proving lost wages is much easier as all it requires is for you to submit a pay stub before you suffered the injury, and proof that you missed work because of the accident.  If you are self-employed, it will likely be necessary to submit proof of what would normally constitute your earnings, such as invoices from the same period in the previous year. Loss of earning capacity is much trickier to prove and depends on your line of work and the severity and type of your injuries.

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Dec 30, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Gather Proof for Your Accident Injury Case

If you have suffered injuries and or other losses as a result of a car accident caused by someone else’s negligence, you may be eligible for compensation by way of a personal injury claim. In order for you to successfully receive compensation for your personal injury claim or lawsuit it is important you have the necessary proof as to who was at fault for the accident, and the type and severity of your damages. This article will discuss the list of some of the most important documents you will need to gather as proof for your personal injury case. According to one of the top Bakersfield auto accident lawyers [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] the success of a case lies in how much proof can be provided by the plaintiff. There are various amounts of proof a plaintiff can produce in order to prove their case with regards to fault and the nature and extent of their injuries and damages [Damages | Wex | US Law | LII / Legal Information Institute (cornell.edu)]. Some of the most important documents a plaintiff might have in their possession include the following: Police reports – a police report may be called an incident, traffic collision or accident report, and can be prepared at the scene or, more  commonly, some time afterwards by a police officer. The information included in a police report is the determinations with regards to whether or not a traffic law was violated, statements provided by witnesses, passengers and drivers and other observations made by the officer. Medical records – if you are injured in the accident or were examined as a precaution, ensure you receive all medical records and information with regards to billing linked to your medical treatment. The information in medical records should include the medical professional who attended to you, treatment received, any diagnosis made, recommended treatment, medicines prescribed and any other conclusions or opinions the health care provider offered. Depending on how severe your injuries were and information regarding your treatment you may need to find medical records for emergency medical services, that is, the ambulance or paramedic company who responded to the accident, emergency room treatment, hospital admissions, pharmacy prescriptions, physical therapy and other healthcare providers and specialists you may have seen. Proof of income – if the injuries you sustained as a result of the accident caused you to miss work, you may be eligible for compensation for any lost income. Proof of such lost income which can be includes paycheck stubs, tip records, direct deposit records,  profit and loss statements, and any other financial documentation which provides information about the amount of income you lost due to time you missed from work as a result of the accident. Proof of vehicle value and/or vehicle damage estimates – if your vehicle was damaged as a result of the accident, you are likely entitled to repairs being paid for as a part of your personal injury lawsuit or claim. To determine how much compensation you will need it is important to know how much repairs will cost. In other cases it might be important to find out the actual cash value of your vehicle before the accident, if the vehicle is worth less than what it would cost to repair. Accident or injury journal or diary – this is where you document the impact the accident has had on your day-to-day life.

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Dec 30, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

How To Get The Best Settlement For Your Car Accident

Victims of car accidents need to be fully compensated for the injuries they incur. Unfortunately, most defense attorneys and insurance companies will always take any possible opportunity to pay as little compensation as possible regardless of how serious the injuries are. In this article, we’ll be taking you through essential tips on how to get the best settlement with the help of a car accident lawyer in Bakersfield, Ca. d  Getting The Best Settlement  If you have been involved in a car accident, and the injuries and property damage were as a result of someone else’s negligence, you may have a claim.  But, there are few tips to consider for your settlement. They include: Never be in a hurry: Immediately after your injury, insurance adjusters will offer you some small amount to settle your claim. In most cases, the extent of the losses or damages remains unknown for several months. Therefore, it is never advisable to accept any offer until you are sure what the future is in terms of your recovery. Never decide before consulting your car accident lawyer. Ensure you have proper documentation of economic losses and life impacts: No insurance company will take your word for any aspect of your claim. You need to have proper documentation. The pain, suffering, and impact on the quality of your life should form the most significant part of the claim. It is appropriate to keep a calendar or diary of how you feel daily after the injury.  Also, keep a record of all the missed activities or work. Make sure you inform your physician whenever you miss work. Again, never forget to keep receipts of out-of-pocket expenses like housekeeping, prescriptions, etc. All these will help in building your insurance claim. Promptly follow through with medical treatment recommendations. Victims have a duty of mitigating, or lessening, their own damages in personal injury law. That means one has to take responsibility for minimizing their losses and effects of an injury to the extent possible.  Whenever you fail to abide by any recommended medical treatments, the insurance firm can claim you worsened your own injuries by not following the doctors’ recommendations.  You may want to refuse atreatment recommended by the doctor if you feel it does not make sense to you, but if you do so it is best to seek out a second opinion from another doctor first.  Be sure the physician documents the choice you made by noting it in the medical record.  For example, if a doctor recommends surgery and you are simply not willing to go through with it, make sure you ask the doctor to document the recommendation and your choice not to get the surgery.  Your   choice may change one day in the future as things develop. Get an Attorney in Time  Although it is possible to negotiate a personal injury claim on your own, keeping track of all the things to be documented can be pretty demanding. Insurance companies will typically offer far less to someone who represents themselves.  You would likely be better off seeking help from a skilled car accident lawyer. Without an attorney, no insurance company will take you seriously when making a settlement offer. To ensure you increase your chances of getting the best settlement, you should hire a professional attorney. The attorney will be responsible for identifying and collecting all the evidence for your claim and helping to ensure you get the most compensation. It does not matter if your accident was caused by a motorcycle, car, truck, or a bike; a personal injury lawyer will always seek the best for you.

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Nov 24, 2021 | By Young Wooldridge, LLP | Read Time: 3 minutes | Business Law

How it works

There are a number of instances where an individual who is injured in a car accident is partly to blame for the accident. When this is the case, how does a person navigate receiving compensation for the injury or the damage to their vehicle? This article will discuss this subject. In a personal injury claim the person who is said to be at fault for the car accident is ultimately the person responsible for paying for any damage caused by the accident as a result of their negligence [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)]. But, in the event that it is difficult to determine who is at fault, or if there is more than one party at fault for the accident, fault may have to be apportioned or measured as between the negligent parties. If you need legal advice with regard to your car accident, speak to a Bakersfield car accident attorney at  today. The state of California uses pure comparative negligence laws when it comes to matters of fault. This basically means that even if a party is 99% negligent in an accident, he or she still has the right to receive compensation for their injuries or losses as damages. However, the question that comes next is who determines fault in a car accident? When filing a car accident insurance claim it is the insurance company that makes the first determination as to fault. They assign percentage of each party’s fault for the accident corresponding to the conduct of each driver, at least in their opinion. In order to determine who is at fault and their percentage of fault, the insurance claims adjuster bases the percentage of fault on the circumstances linked to the accident and state laws in order to come up with the determination of the driver that acted negligently in the car accident.  A   good lawyer representing you may be able to fight the insurance company’s determination of fault. There are a number of scenarios that may play out when it comes to the percentage of fault and the receipt of compensation. Some of them are: An insurance company will pay their insured’s amount of fault and the claimant’s insurance company pays the remainder, or The insurance company whose driver has the largest percentage of fault may pay the entire claim The determination of how much payment will be made as compensation depends on the insurance company’s policies in this regard, as well as on a lawyer’s ability to fight for the maximum amount of compensation. It is not uncommon for insurance adjusters to work together with their clients in order to determine the party’s percentage of fault. However, if the driver does not agree with the insurance adjuster with regards to the percentage of fault, the driver may choose to seek legal counsel and the matter may go to court to determine fault and the percentage of fault. There are a number of factors that affect the determination of fault. Some of these are: Negligence laws – the way the state views negligence are applied. For example, if the state has adopted pure comparative fault. Police reports and other evidence – a review of the police report gives an idea of the accident and any related evidence must be reviewed too.  Even of the police determine one party is at fault, a personal injury lawyer may be able to challenge that determination. Personal injury protection (PIP) – in some states, PIP pays out to a driver despite fault.  California, however, does not have PIP, but on other states a n injured person might be able to take advantage of PIP even if they are at fault.

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Nov 9, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Business Law

Foreseeability and Proximate Cause

The majority of personal injury cases determine who was at fault in an incident or accident through the question of negligence. The basic definition of negligence is where one fails to use reasonable care in a specific situation. While this is a straightforward definition proving negligence, on the other hand, requires the plaintiff to show that the person who caused the injury was the actual cause of the injury and the proximate cause of that injury. This article will discuss foreseeability and proximate cause in proving fault in a personal injury case. According to the Cornell Law School Legal Information Institute [Foreseeability | Wex | US Law | LII / Legal Information Institute (cornell.edu)] foreseeability is said to ask “how likely it was that a person could have anticipated the potential actual results of their actions.” Foreseeability is the legal concept used to find out the proximate cause of an accident. Proximate cause is defined [Proximate cause | Wex | US Law | LII / Legal Information Institute (cornell.edu)] as “an actual cause that is also legally sufficient to support liability.” Foreseeability and proximate cause are applicable in car accident cases, therefore, seek out a Bakersfield car accident attorney for legal advice in your case. The foreseeability test asks the question: should the person causing the injury have reasonably foreseen the likely results that would have come from their actions? Generally, the law limits the scope of liability through foreseeability by the type of harm and the way it was instilled but it does not focus on the extent of harm. Let us consider what these three elements mean. Unforeseeable type of harm – the person who causes an injury is not liable if the type of harm suffered does not foreseeably stem from their act of negligence. For example, if Daphne dropped a glass bottle on the floor and did not clean it up, she would be liable for injuries caused to anyone who cuts themselves from the glass. But if a freak fire results from sunlight hitting the broken glass at a specific angle and others are injured in the fire, Daphne is likely not liable for such injuries as this type of harm is not foreseeable by her negligent actions. Unforeseeable manner of harm – this is when a person who causes injury is not at fault for a superseding cause when such a cause was not foreseeable. The superseding cause breaks the chain of causation between the initial act of negligence and the injury. Some examples portraying superseding causes that are unforeseeable include: Acts of God – such as earthquakes, hurricanes, volcanoes, etc. Third-party criminal acts, such as burglary Third-party intentional tort, such as false imprisonment, assault Superseding causes that are generally considered to be foreseeable are: Rescuers who cause harm – passersby who may come to the aid of an injured person but may worsen the person’s injuries by moving him/her Healthcare provider negligence; that is doctors and nurses The weakened condition of the injured person may lead to subsequent injury or disease The unforeseeable extent of harm – this is whereby the person who causes injury is at fault for the full extent of whatever harm they have caused, whether or not the extent of harm was foreseeable.  

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Nov 9, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Value of a Knee Injury

If you are injured as a result of someone else’s negligence you may be eligible for compensation by way of a personal injury case. The whole point of a personal injury claim is to receive compensation for whatever damages and losses you suffer as a result of the injury you sustained due to an accident or incident. Therefore, it is not unreasonable to want to know the value of your claim. This article will focus on factors that play a part in deciding the value of a knee injury personal injury claim.https: When it comes to valuing any personal injury case the truth of the matter is it entails basically coming up with the best likely guess of what a plaintiff may be awarded by a judge or jury. Therefore, you will need the help of a car accident lawyer in Bakersfield CA  as it takes two main issues into consideration using these as a yardstick: What the defendant would likely be willing to pay What the plaintiff would likely be willing to accept a settlement No matter whether it is the plaintiff or the defendant trying to calculate the compensation two factors stand out when it comes to valuing injury cases, these are: How bad was the plaintiff’s injuries and how much are his or her losses? The likelihood of a jury finding the defendant liable for the accident or incident that led to the knee injury. When considering the extent of the plaintiff’s injuries the nature, severity and duration of the knee injury take precedence as determining elements. According to Orthoinfo [Common Knee Injuries – OrthoInfo – AAOS] a ‘knee is a very complex joint made up of many components, as a result, it is vulnerable to a number of injuries. Knees are made up of bone, cartilage, tendons and ligaments’. Common knee injuries that may be suffered include dislocations, sprains, fractures, meniscus tears, joint or bone damage and tears to the ligament. Typically, the higher the severity and long-lasting the knee injury, the higher the compensation for settlement or jury verdict to be expected. In addition, injuries such as fractured bones often lead to larger settlements in comparison to soft tissue injuries; and any injury that can be proven by way of an MRI or x-ray are likely to be taken more seriously, as compared to ones that do not appear on imaging evidence. Further, more weight is assigned to injuries that require treatment by physicians rather than physical therapists or chiropractors. It must be noted that trying to accurately determine how much compensation will be received by a plaintiff is difficult and almost impossible. This is because if the matter goes to trial the jury ultimately makes the final decision as to how much money the defendant must pay the plaintiff. However, some aspects are easier to predict such

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Nov 9, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Business Law

Valuing Your Case: Lawyers

If you were involved in an accident that resulted in causing injury due to someone else’s negligence you may be eligible for compensation through a personal injury claim. Such claims can be facilitated by a personal injury lawyer who will provide representation and advice to a plaintiff during the process of filing and litigating the case. This article will discuss how personal injury lawyers value a personal injury case. The key reason why anyone would hire a personal injury lawyer is in order for them to work at getting you, the injured individual, a fair amount of compensation for the injury or loss you have sustained. As such, it is important for the lawyer to value your case in order to be able to identify what a fair amount of compensation would be. Car accident lawyers in Bakersfield CA  and most personal injury lawyers identify that an out-of-court settlement is a preferred option as compared to going to court. It must be noted that, in personal injury law damages [Damages | Wex | US Law | LII / Legal Information Institute (cornell.edu)]; that is the injuries you sustain and any losses (property, medical expenses) are what is used to calculate the money for your compensation. There are three types of damages; economic, non-economic and punitive. Punitive damages are designed to punish a grossly negligent person and are only used in specific cases, however, they typically do not form part of the compensation calculations. Economic damages are those financial losses that are suffered as a direct result of the injury and the accident. They are relatively easy to calculate and include medical bills and lost wages. Non-economic damages are losses that are difficult to calculate as they do not come with a dollar figure attached to them. They are often referred to as the “pain and suffering damages”. They are often associated with mental anguish, loss of consortium, stress and anxiety, pain and suffering, etc. An experienced attorney will know how specific insurance companies operate and will likely have an idea of how much money is available. When it comes to cases that go to court, the experienced attorney will need to do some research in order to determine what juries award in cases similar to yours. The attorney will also do an honest assessment of the value of your case and what you consider to be fair and this will inform the settlement amount the attorney will demand on your behalf. The truth of the matter is that only you, the injured individual, knows the true value of your case. However, when determining a settlement value for a claim it is of the utmost importance to keep in mind that the goal is to recover compensation and in order to recover such compensation, a form of compromise is necessary. That being said, where the plaintiff has a strong case with indisputable facts and the liability is clear, it is likely that the case is a high-value one and can be settled for a high value amount. Speak to your attorney for his or her honest opinion on the value of your case and work towards receipt of compensation.

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Nov 9, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury

Residual Injuries and Compensation

After being involved in an accident that has left you with injuries, sometimes it is hard to determine how long those injuries will last. There are what is referred to as residual injuries or long lasting injuries, which can be sustained in a car accident. It is important to understand how such residual injuries may affect the compensation value of your claim. This article will discuss the effects that residual injuries have on your personal injury case value. The term residual injury is used in reference to permanent or long-lasting injuries that are suffered by an accident victim. Speak to a car accident attorney in Bakersfield  to know more about the residual injury damages in your case. Residual injuries include: Scarring – a common and permanent residual injury is scarring. This can be either from the original injury suffered by the individual or as a result of the needed medical treatment they underwent. When scarring is extensive and or prominent it often means that the plaintiff will receive a large value for damages. Such a large value can be attributed to cosmetic reasons as well as the fact that scar tissue results in the area where it is on the flesh to be less flexible. When scarring is found on joints or areas of the body that flex it may result in permanent, while slight, loss of movement. As such, it gives reason for a higher value in damages. Disfigurement[Disfigurement Definition | Law Insider] – it is often the case that any compensation with regards to the disfigurement of an individual has a high monetary value only when the scarring and disfigured area is visible to the public. For disfigured areas that are found underneath clothes or can be covered by clothes these generally do not attract a high value for damages. Further, while there is no written social bias it is likely that a woman who has permanent scarring and disfigurement is considered to be more affected as compared to a man who may have the exact same scar on the exact same place of the body. Even aspects of ageism come into play, as well as social standing. For example, a young single woman is more likely to be compensated more for her scars as compared to an older married woman. Joint or back injuries – some injuries related to joints and back leave permanent or long-lasting effects after one is involved in an accident. This is especially so in accidents that cause spine disc injuries displacement, damage or narrowing to the vertebra cartilage, dislocation or ligament injury to any joints While it may be true that the pain subsides or the injury resolves or stabilizes, it is likely that the injured individual will suffer some form of discomfort, pain or a lack of mobility as they age. As a result, such injuries attract a higher compensation value. The truth is that no matter how small the residual injury, disability or disfigurement is, it can have a large and long-lasting effect on your life for a long time. And when an injury has a serious effect on our lives it has a direct impact on the value of our personal injury case.

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Nov 9, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Safety

Gaps in Treatment and Compensation

If you have suffered injury as a result of someone else’s negligence then you may be eligible for compensation by way of a personal injury claim. This article will discuss how gaps in your medical treatment can affect the value of your claim. After an individual is injured in an accident then they are likely to make some visits to the doctor. It may be that such visits are carried out often in the first few months and then decrease as time goes by. Such doctor visits may include tests and follow-up visits, all these are designed to track your injuries and determine your healing progresses. It must be noted that keeping up with your appointments is of the utmost importance as this greatly benefits you and has a strong deciding factor in a personal injury claim that you may file. Any gaps in your treatment are likely to devalue [Devalue Definition & Meaning | Dictionary.com] your claim and compensation amount. Speak to car accident lawyers in Bakersfield  for more information on getting compensation in your personal injury claim There are two noted gaps in personal injury claims: (1) between the occurrence of the accident and when you start getting treated for the injuries sustained from the accident, and (2) when you see a doctor for injuries and then allow a few months to go by before seeing the doctor again. It is important to note that the insurance adjuster dealing with your case is looking for any way to devalue your claim. As a result, if the insurance adjuster sees any gap in your medical treatment it will be used as evidence that your injuries are not as bad as you say they are. For example, if there is a six-month gap between the time you had a car accident and then sought medical treatment it likely will be used as evidence that your injuries were not severe at all. Hence the need and importance to visit your doctor after the accident. In addition, work at keeping a journal documenting your doctor visits, symptoms and pain. It must be noted that there are times where there is a good reason for the existence of gaps in treatment. A presence of a gap does not necessarily mean that an individual is not injured; it is likely that the individual was not experiencing any pain or problems. Thus, it is impossible to avoid a gap in such cases. In other circumstances, it may be that the individual was sick and unable to make the appointment or they were out of town for whatever reasons and thus could not make the appointment. It is important though that the individual informs their attorney about such gaps and the reasoning for them so the gaps cannot be used against the plaintiff. While gaps may be an issue, it is of the utmost importance that the injured individual follows the doctor’s orders. Not only is this important for the individual to achieve full recovery, but that may be the deciding factor as to whether an injury heals or becomes a permanent problem. Therefore, it is in your best interests to follow the treatment provided by your doctor.

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