Mar 7, 2022 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury Lawyer Bakersfield CA

How to Defend yourself in Auto Accident Claims

When facing your opponent, whether a plaintiff or a defendant, you should be well prepared in personal injury claims and trials. The facts and evidence of your situation may make a strong case, but you could end up losing if you’re not well prepared for trial. What does preparation entail? There’s no right or wrong approach here, but a good approach would involve not only hiring a lawyer but to hire competent Bakersfield auto accident lawyers for legal advice and guidance. When preparing for trial, you should at least familiarize yourself with the basics of personal injury law, including the common defenses cited, the damages you can recover, court protocol, and much more. We should inform you you can never understand personal injury law by reading about it. However, we can advise that involving Bakersfield auto accident lawyers will be rewarding in the long run. Car Accident Defenses in Car Accident Claims Establishing liability is arguably the most critical part of any trial and can significantly influence the final verdict. However, the success of a claim is not exclusive to establishing fault; it can be influenced by many other factors, such as statutes of limitation, negligence, the duty of care, causation and much more. The commonly cited defenses in auto accident claims are divided into legal and factual defenses. Legal Defenses Legal defenses can further be subdivided into statutes of limitations and lack of stating a claim. Statutes of Limitation The law provides a level playing field to all the parties involved in legal actions, meaning the accused has the right to defend themselves as much as the plaintiff is entitled to recover damages if their case is legitimate. The statute of limitations (a law limiting the time frame for filing legal actions) is a legal defense commonly cited by defendants in auto accident claims. In California the limit to file a case is currently two years, with some exceptions (minor children, government claims, etc). The statutes of limitation can be extended in some specific instances, even if it’s an acceptable defense in auto accident claims. Such instances include: When the plaintiff is disabled When the defendant is out of the country When  the plaintiff is a child Ambiguity in the Plaintiff’s Complaint Document Plaintiffs or their legal representatives must prove negligence, causation and damages, but even that’s not enough. If they file a legal complaint in court, the complaint must clearly state the claim of the plaintiff and provide enough information so the defendant can figure out why he or she is being sued.  A plaintiff’s complaint is a court document filed by plaintiffs stating the facts of a legal situation, including their claim and the legal grounds for their claim(usually negligence). Factual Defenses Factual defenses focus on the degree of responsibility of the defendant and plaintiff.  There are many different defenses, but some of the kore common ones are that the plaintiff contributed to his or her own harm, some  other person caused the accident, or plaintiff failed to take care of him ir herself after the accident and made their own injuries worse as a result. What Damages can you recover in Car Accident Lawsuits? Car accident survivors can recover the following damages in auto accident claims. Damages for past and future medical expenses. Damages for past and future lost wages. Emotional distress damages, past and future. Property damage compensation. The success of a claim depends on many factors, but the most crucial requirement is working with a competent legal team.

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

Slow Injuries and Your Claim

After a car accident it is not uncommon for some injuries to show up much later.  How might this affect your case? What is the best way to move forward? This article will discuss ways in which you should protect your health and your rights. It is not a generalization to say that the majority of car accidents are very traumatic. Something as simple as a fender bender to a far more serious accident with a lot of force in the collision with another vehicle or with a fixed object like a wall or building.  As a result, it is not uncommon for individuals involved in even minor accidents to not realize they have any injury symptoms immediately after the accident. This is for varying reasons. If you were involved in a car accident and would like to claim compensation for your injuries and losses contact car accident lawyers in Bakersfield CA at [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] today. When the body is undergoing some form of excitement it generates endorphins and adrenaline. These chemicals supercharge the body to the point that it can block out pain. When a car accident happens, it can result in the body becoming excited and generating these two chemicals, resulting in a burst of energy which results in many cases with a lack of any feelings of pain. It is because of this that people may feel fine after an accident.  However, once these chemicals begin to wear off the pain caused by the accident sets in. The most common type of injury suffered in car accidents is whiplash [Whiplash – Symptoms and causes – Mayo Clinic]; this is a soft tissue injury to the neck, head and back. Whiplash is due to the jolting back and forth which results from an immediate stop or an immediate acceleration. The result of suffering whiplash or soft tissue injury includes swelling, pain and a low range of mobility, and can also include mild to moderate brain injuries from the brain bouncing around inside the skull. However, such symptoms are not immediately manifest after the accident. Further, they may not show up on any type of imaging machinery; as a result, they are difficult to document, diagnose and  prove to a jury. Another injury that may take time to manifest is a concussion. A concussion is the result of the head hitting into or onto something or the violent movement of the body that results in the brain hitting on the sides of the skull. Most people fail to identify concussions because of the assumption that an individual must become unconscious if they suffer a concussion. However, it is not in all instances that a person who has suffered a concussion loses consciousness. Some symptoms of a concussion include: Disorientation Lack of the ability to concentrate Headaches Blurred vision Nausea Sleeping patterns that are abnormal, i.e. sleeping less or more than usual having problems remembering new information There may be other symptoms as well, and if you notice any physical or mental changes after an accident you may have suffered  some  level  of  brain injury.  It may take days, weeks or even months to identify these symptoms and be diagnosed with a concussion. It is of the utmost importance that you seek medical attention immediately after the accident even if you are not in pain, and tell  your doctor about all the issues you are having. Further, it is important not to settle your personal injury claim immediately before a full medical evaluation.

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Jul 2, 2021 | By Young Wooldridge, LLP | Read Time: 2 minutes | Personal Injury Lawyer Bakersfield CA

Do you have a witness to your accident?

If you have been involved in an accident and decide to make a personal injury claim, having a witness from the incident can be very valuable. This article will discuss the role witnesses can play in your personal injury claim. It must be noted that witnesses are an asset when you are making a personal injury claim. Because they stand to support your version of events and may even be able to provide new information that can be used to prove who was at fault. There are two different kinds of witnesses; there are those who saw the events as they unfolded and those who may have seen the immediate aftermath of the event. Both these types of witnesses are essential to your case. The one who saw the events as they unfolded can describe how they happened, while the one who saw the accident’s immediate aftermath can confirm how you appeared after the accident. That is, injured, delirious, confused, etc. However, as with all forms of evidence regarding witnesses, time is of the utmost importance. If you fail to contact a witness and have the information collected soon after the accident, this information may be lost. As with issues relating to time, memories might fade, and recollecting exact events can become a blur. When this happens, such information is not valid anymore. During a car accident, passersbys who saw the accident or anyone who lives or works nearby may be very useful when it comes to your claim. This is because they may be able to provide you with helpful information. For example, they may inform you about a dangerous condition that caused accidents previously in the exact location. Further, they can verify your version of events with regards to how the accident happened. To find witnesses, you need to return to the accident scene and speak to people who may live around the area or work in the line of sight of where the accident happened. Another good place to find witnesses is by looking at the police report. The police report provides witnesses by name, address and phone number. If you can find these witnesses and state who was at fault for the accident, it is essential to move quickly. Take note of the following steps: Get as much information as possible – firstly, gather all the details of the witness, their names, physical address, home, work and cell phone number. If they provide you with more information, the better; some may even be willing to throw in their email address. The point is that you need them for the case. Therefore, it is important not to scare or irritate them. Talk about what they saw – speak to the witness about precisely what they saw and where exactly they were when they saw it. This gives credibility[Credible legal definition of credible (thefreedictionary.com)] to the information they provide. If they are willing to, ask if it is ok to write what they told you and send it to them to check how accurate it is. Further, inform them that you may need a written statement from them. For legal advice and representation, speak to a car accident lawyer in Bakersfield [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/.

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Nov 21, 2018 | By Young Wooldridge | Read Time: 2 minutes | Personal Injury Attorney

Personal Injury Lawyer │ Thanksgiving Cooking Safety

Personal Injury Lawyer │ Thanksgiving is right around the corner, which means it is time again to join loved ones for a delicious home-cooked meal.  While entertaining family and friends during the holidays can be fun, it is important that we not forget about basic kitchen safety during the festivities. According to the National Fire Protection Association, cooking fires are three times more likely on Thanksgiving Day than on any other day of the year.  In 2016, U.S. fire departments responded to an estimated 1,570 home cooking fires on Thanksgiving. Here are a few safety tips to follow that will minimize your risk in the kitchen and ensure that your holiday feast is prepared as smoothly – and safely! – as possible. Before Cooking Begins Start the day off by making proper attire choices. Cooks should avoid loose clothing and dangling sleeves while preparing food. Test all smoke alarms in the home and replace batteries, if necessary. Smoke alarms should be located near the kitchen, on each level of the home, and near sleeping areas. Keep a fire extinguisher in the kitchen. Contact a local fire department to learn about the proper use of fire extinguishers. While in the Kitchen  Check food regularly and remain in the home while cooking. Use a timer as a reminder that the stove or oven is on. Be sure to stay in the kitchen if you are frying, grilling or broiling food. If you are simmering, baking roasting or broiling food, remain in the home. Keep all flammable items away from the stove, oven, or any other appliance in the kitchen that generates heat. This includes pot holders, oven mitts, wooden utensils, paper or plastic bags, food packaging, and towels or even curtains. Children should stay away from the cooking area. Enforce a “kid-free” zone and have kids stay at least three feet away from the stove After You’ve Finished Always check the kitchen before going to bed or leaving the home to make sure all stoves, ovens, and small appliances are turned off. Don’t forget to include these safety tips on your Thanksgiving menu to reduce the risk of injury to you and your loved ones. If an injury occurs due to the negligence of another or a faulty product, call to schedule a free initial consultation with a Personal Injury Lawyer at Young Wooldridge, LLP. From our family to yours, we wish you a Happy Thanksgiving with your loved ones.

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Nov 10, 2018 | By Young Wooldridge | Read Time: 2 minutes | Personal Injury

Personal Injury Attorney | Drowsy Driving Prevention

Bakersfield Personal Injury Attorney helping drivers reduce their risk on the road when it comes to drowsy driving. Personal Injury Attorney | Drowsy drivers are a dangerous addition to America’s roads. With nearly one-quarter of American adults saying that they know someone who has fallen asleep at the wheel, it’s no wonder that drowsy driving has become an increasingly concerning issue on our nation’s roads. From 2011 to 2015, 4,121 lives were claimed due to car accidents related to drowsy driving. The National Safety Council warns against these symptoms of drowsy driving: Frequent yawning or difficulty keeping your eyes open “Nodding off” or having trouble keeping your head up Inability to remember driving the last few miles Missing road signs or turns Difficulty maintaining your speed Drifting out of your lane One staggering statistic from the American Sleep Foundation tells us that more than half of all U.S. drivers admit to consistently operating a vehicle while feeling drowsy. Drowsy driving can be hazardous to you, your passengers and other motorists around you. Driving when fatigued affects awareness and attention behind the wheel and greatly reduces the driver’s reaction time. Our team of Personal Injury Attorneys advise you to follow these safety tips to prevent drowsy driving and reduce your risk on the road.   Remember the following tips and help put an end to tragic drowsy driving accidents. If you’ve been awake for 24 hours or more, do not drive. It isn’t safe. Travel during times you are normally awake. If you feel fatigued, stop and drink something with caffeine. Make sure you are not fatigued by any medications you might be taking. If you are, use public transportation instead. On long road trips, make a pit stop every 100 miles (or every two hours) to stretch, get something to eat or drink and break up the monotony of the road. If you simply cannot shake your exhaustion, stop and nap in a safe place. Adults need seven to nine hours of sleep every night. For many of us, stress, responsibility and distractions make it hard to get this recommended amount. That means that many of us are susceptible to drowsy driving much of the time. Statistics show us that men are slightly more at risk for fatigued driving as are people between the ages of 18 and 25. Most fall asleep accidents happen at high speeds, on long road trips or rural highways. Armed with this knowledge and the above warning signs and safety tips, you can help to reduce the number of drowsy drivers on the road. If you have suffered a personal injury due to drowsy driving, contact The Personal Injury Department at Young Wooldridge, LLP. A personal injury attorney at Young Wooldridge, LLP can inform you of legal options you may not know you have.

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Oct 15, 2018 | By Young Wooldridge | Read Time: 2 minutes | Personal Injury

Personal Injury Lawyer | Basic School Bus Safety

An experienced Personal Injury Lawyer can inform you of your rights if your child is injured on a school bus due to negligence.  Personal Injury Lawyer | School buses are the safest form of travel for children going to school. By taking an average of 36 cars off the road per bus, school buses aren’t only decreasing car accidents for children, they’re decreasing traffic and subsequent accidents, in general. However, as with any motor vehicle, school bus accidents do occur. According to the National Highway Traffic Safety Administration, four to six school-age children die each year and about 17,000 children are treated in hospital emergency rooms for injuries associated with school buses. School bus injuries can occur when children are riding the bus, getting on or off the bus, or just standing near the bus. Understandably, some parents can be apprehensive about putting their children on school buses each day. To help dissuade some of their concerns, parents can follow and talk about some recommended practical safety measures with their school-aged children before sending them off to ride the bus. To limit risk and ensure the safest ride to school for your child, teach them to practice these safety guidelines: When Riding the Bus: If seat belts are available on the bus, buckle up. Stay in your seat. Wait until the bus has come to a complete stop before exiting. Don’t yell, speak loudly or make abrupt noises that may distract the driver. Keep your hands, arms, and heads inside the bus at all times. Getting On and Off the Bus: Stand away from the street as the bus approaches. When crossing the street before boarding or after exiting, teach kids to make sure the bus driver indicates it is safe to cross. Children should always walk in front of a school bus. Teach them to look left, right and left again before crossing. Bus Stop Safety: Walk children to the bus stop and wait with them until the bus arrives. Make sure that your bus stop and the children waiting are highly visible to other neighborhood drivers. Drivers should always exercise extreme caution around school buses. Although motorists are required, by law, to stop and wait for a school bus and exiting or boarding children, more school-aged pedestrians are killed in the hour before and after school than any other time of day. Every motorist should expect that children boarding or exiting the bus are not paying attention to other vehicles as they cross the street. If you or someone you love has suffered a personal injury involving a school bus, contact the Personal Injury Department at Young Wooldridge, LLP. A personal injury lawyer at Young Wooldridge, LLP can inform you of legal options you may not know you have.

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