When you file a personal injury claim in Kern County, you can expect a structured process that may involve settlement negotiations or, if necessary, a trial.
The overall timeline depends on the complexity of your case and whether it is resolved out of court or proceeds to litigation.
The process involves filing paperwork with insurance companies, negotiating compensation for your medical bills and lost wages, and potentially pursuing a lawsuit in Kern County Superior Court if fair settlement offers aren’t made.
Most cases settle outside of court, but understanding each stage helps you prepare for what lies ahead.
At Kuzyk Law Personal Injury & Car Accident Lawyers, we’ve guided thousands of Kern County residents through this process over our decades of practice, and we’re here to help you understand what to expect every step of the way.
A Guide to Personal Injury Claims in Kern County
A personal injury claim is the legal process for seeking compensation when you are hurt because of someone else’s negligence. This means you file paperwork with insurance companies or courts to obtain compensation for your medical bills, lost wages, and other related expenses.
It’s essential to understand the difference between a claim and a lawsuit.
A claim involves negotiations with an insurance company, while a lawsuit means filing your case in Kern County Superior Court. Most claims take three to six months to resolve, but lawsuits can last one to two years.
At Kuzyk Law Personal Injury & Car Accident Lawyers, we are committed to guiding clients through every step of the process and offering support in both English and Spanish. We work on a contingency fee basis, which means you pay nothing upfront and only owe us money if we win your case.
What Should You Do in the First 72 Hours After an Injury
Taking the proper steps protects your legal rights and preserves crucial evidence needed to secure fair compensation.
Get Medical Care and Document Everything
Your health comes first, so seek medical attention right away, even if you feel fine. Medical records create an official link between the accident and your injuries, which becomes essential evidence for your claim.
Keep every receipt, doctor’s note, discharge paper, and prescription you receive. These documents prove the extent of your injuries and the cost of your medical care.
Report the Incident and Secure Records
You must formally report the incident to the appropriate authorities. For car crashes, call the police and consider consulting with Lancaster car accident attorneys who understand local laws.
For slip and falls, notify the property manager or business owner immediately, as a Lancaster slip and fall attorney will need this documentation to establish liability.
Always request a copy of the official report. This document becomes a key piece of evidence that describes what happened from an official perspective.
Preserve Photos Video and Witnesses
Use your phone to take pictures and videos of the accident scene, your injuries, and any property damage. Take photos from multiple angles and get close-up shots of any hazards that caused your accident.
If there were witnesses, get their names and contact information before they leave. Their statements can be invaluable if the other party disputes what happened.
Avoid Recorded Statements and Social Posts
Insurance adjusters will ask for a recorded statement, but you are not required to provide one. These statements can be used against you later to minimize your claim or shift blame to you.
Stop posting on social media about the accident or your activities. Photos or comments can be taken out of context to challenge the severity of your injuries.
Contact a Kern County Injury Lawyer Early
Consulting with a personal injury attorney in Kern County soon after your injury helps you avoid common mistakes that could harm your case. We can file preservation letters to protect evidence and handle all communication with insurance companies.
Stages of a Kern County Personal Injury Claim
While every case has unique details, most personal injury claims follow a predictable path from injury to resolution. Understanding these stages helps you know what to expect as your case moves forward.
Initial Consultation and Case Evaluation
Your first step is meeting with an attorney to discuss your accident. During this free consultation, we review the details, evaluate your potential damages, and explain your legal options.
We’ll ask about how the accident happened, what injuries you suffered, and how the incident has affected your life. This information helps us determine if you have a strong case worth pursuing.
Investigation and Evidence Gathering
Once you hire us, our team begins a thorough investigation. We gather all critical evidence, including police reports, medical records, witness statements, and expert opinions, to build the strongest possible case.
We may also hire accident reconstruction experts, medical professionals, or other specialists to strengthen your claim, particularly in complex cases involving Lancaster brain injury claims where specialized neurological expertise is essential.
Ongoing Medical Treatment and Documentation
You’ll continue receiving medical care until you reach maximum medical improvement. This is the point where your doctor determines you’ve recovered as much as possible from your injuries.
We track all your medical treatment and expenses during this time. This documentation helps us understand the full extent of your injuries and calculate your total damages.
Settlement Demand and Insurance Negotiations
After gathering all evidence and calculating your total damages, we send a formal settlement demand letter to the insurance company. This letter outlines what happened, proves the insured’s fault, and demands fair compensation.
The insurance company’s first offer is almost always too low. We negotiate back and forth to secure a fair amount that covers all your losses.
Filing the Lawsuit in Kern County Superior Court
If negotiations stall or the insurance company refuses to offer fair compensation, we file a formal lawsuit. This happens at the Kern County Superior Court located at 1415 Truxtun Avenue in Bakersfield.
Filing a lawsuit involves paying court fees and officially serving the other party with legal papers. This step often motivates insurance companies to take your claim more seriously.
Discovery and Depositions
Discovery is the formal process where both sides exchange evidence and information.
At Kuzyk Law Personal Injury & Car Accident Lawyers, we are committed to guiding clients through every step of this process. We understand the unique challenges of a personal injury case in Kern County and are here to fight for the compensation you deserve.
Contact us today for a free consultation. There’s no fee unless we win.
Mediation and Settlement Conferences
Before trial, Kern County courts often require both parties to attend mediation. A neutral third party helps facilitate discussions to see if a settlement can be reached without going to trial.
Most cases settle during mediation because both sides want to avoid the uncertainty and expense of a trial. If mediation fails, the case moves toward trial.
Trial and Verdict
If no settlement is reached, your case proceeds to trial before a judge or jury. Both sides present evidence and arguments, and the judge or jury delivers a final verdict.
Over 95% of personal injury cases settle before reaching trial. Trials are expensive, time-consuming, and unpredictable for both sides.
Laws and Deadlines That Apply in Kern County
California has specific laws that directly impact your personal injury case in Kern County. Missing important deadlines can prevent you from ever recovering compensation for your injuries.
California Statute of Limitations for Injury Claims
You have two years from the date of your injury to file a lawsuit under Section 335.1 of the California Code of Civil Procedure. This deadline is strict, and courts will almost certainly dismiss your case if you file even one day late.
The clock starts ticking on the day you were injured, not when you discovered the injury. In rare cases involving delayed discovery of injuries, the deadline may be extended, but you shouldn’t count on this exception.
Government Claims Against Kern County or Cities
If your injury was caused by a government entity, such as Kern County, the City of Bakersfield, or another public agency, you have only six months to file a formal claim. This is much shorter than the standard two-year deadline.
You must file this government claim before you can sue in court. If the government denies your claim or doesn’t respond within a certain time, then you can file a lawsuit.
Comparative Negligence and Fault Percentages
California follows a pure comparative negligence rule. This means you can still recover compensation even if you were partially at fault for the accident.
Your final award gets reduced by your percentage of fault. For example, if you’re found 20% at fault in a $100,000 case, you would receive $80,000.
Compensation You Can Recover
The goal of a personal injury claim is to recover money for all the losses you’ve suffered because of someone else’s negligence. These damages fall into three main categories.
| Damage Type | What It Covers | How It’s Proven |
| Economic | Medical bills, lost wages, property damage | Receipts, pay stubs, repair estimates |
| Non-Economic | Pain, suffering, emotional distress | Medical testimony, personal journals |
| Punitive | Punishment for extreme recklessness | Evidence of malice or gross negligence |
Medical Expenses Past and Future
You can recover all costs related to your medical care from the initial emergency room visit to ongoing physical therapy. This includes hospital bills, doctor visits, prescription medications, medical equipment, and rehabilitation services.
If you have permanent injuries, we may work with medical experts to create a life care plan. This plan calculates the cost of your future medical needs over your lifetime.
Lost Wages and Loss of Earning Capacity
You can recover income you lost while unable to work because of your injuries. This includes salary, wages, bonuses, and other employment benefits that you may have missed.
If your injuries prevent you from returning to your previous job or reduce your ability to earn money in the future, you can seek compensation for this loss of earning capacity. We often work with vocational experts to calculate these future losses.
Pain, Suffering, and Emotional Distress
These non-economic damages compensate you for the physical pain and emotional trauma caused by the accident. While harder to calculate than medical bills, they’re often the most significant part of your settlement.
We use medical testimony, personal journals, and testimony from family members to prove how the accident has impacted your quality of life. The more severe your injuries, the higher these damages typically are.
Property Damage and Out-of-Pocket Costs
This covers the cost to repair or replace personal property damaged in the accident, such as your vehicle, clothing, or electronics, with damages often being substantial in cases requiring Lancaster motorcycle accident attorneys due to extensive bike repairs or replacement.
If your injuries require modifications to your home, such as wheelchair ramps or bathroom renovations, these costs can be included in your claim.
What to Expect From Insurance Adjusters
Insurance adjusters work for the insurance company, not for you. Their job is to pay out as little money as possible while appearing helpful and concerned about your situation.
Insurance companies use several strategies to minimize what they pay on claims:
Quick settlement offers:
Insurance companies typically start with lowball offers that don’t come close to covering medical bills, lost wages, or long-term care needs.
Recorded statements:
They try to get you to say something that can be used to blame you for the accident
Surveillance:
They may monitor your social media or even conduct in-person surveillance of your activities
Delay tactics:
They drag out the process hoping you’ll become frustrated and accept less money
Steps That Protect Your Case
The best way to protect yourself is to let an experienced attorney handle all communication with the insurance company. Refer all calls to your personal injury lawyer and never sign any documents without legal review.
Continue following all your doctor’s medical advice and attend all appointments. Missing treatment can be used to argue that your injuries aren’t as serious as you claim.
What Mistakes Should You Avoid
Certain mistakes can seriously damage or even deny your personal injury claim. Avoiding these common errors helps protect your right to fair compensation.
Delaying Care or Missing Appointments
Gaps in your medical treatment suggest to insurance companies that your injuries aren’t serious. If you miss appointments or delay getting care, adjusters will argue that you must not be in much pain.
Follow all your doctor’s orders and attend every scheduled appointment. If you need to reschedule, do so as soon as possible and document the reason.
Posting on Social Media About the Case
Insurance companies regularly monitor social media accounts of people making claims. Photos of you looking happy or engaging in physical activities can be used to argue that you’re not really injured.
Agreeing to a Recorded Statement
California law doesn’t require you to give a recorded statement to the other party’s insurance company. These statements are rarely helpful to your case and often hurt your claim.
Adjusters are skilled at asking questions that can trap you into saying something that hurts your case. Let your attorney handle all communication with insurance companies.
Ignoring Doctor Orders or Return to Work Restrictions
If your doctor advises you to avoid work or has physical restrictions, follow their orders exactly. Returning to work early or ignoring restrictions can be used to argue that you’re not really injured.
Your medical records become evidence in your case. If they show you’re not following treatment recommendations, it damages your credibility.
Do Most Kern County Claims Settle or Go to Trial
Approximately 95% of personal injury cases are settled before trial. Both sides often prefer to settle because it avoids the time, expense, and uncertainty of a trial while providing a guaranteed outcome.
Settlements also allow both parties to keep the terms confidential, which many prefer over a public trial. The certainty of a settlement is often more appealing than the risk of losing at trial.
Sometimes insurance companies refuse to offer fair settlements hoping you’ll give up or accept less money, particularly in devastating cases where Lancaster wrongful death lawyers must fight for grieving families seeking justice.
How Long a Case Takes in Kern County
The timeline varies significantly depending on the complexity of your case and whether it settles or goes to trial:
Simple cases:
3-6 months if they settle quickly
Complex cases:
1-2 years for cases involving serious injuries or disputed fault
Trial cases:
2-3 years or more, especially with current court backlogs
The Kern County Superior Court system has experienced delays, which can extend these timeframes. However, most cases settle long before reaching trial.
Why Choose Kuzyk Law Personal Injury and Car Accident Lawyers
When you’re facing the stress and uncertainty of a personal injury claim, choosing the right legal team makes all the difference in your outcome. Our firm combines decades of experience with a genuine commitment to fighting for our clients.
Local Experience in Bakersfield and Kern County Courts
Our attorneys have decades of experience working within the Kern County court system. We have established relationships with local judges, understand court procedures, and are part of the local legal community, which gives our clients a distinct advantage.
This local knowledge helps us navigate your case more efficiently and effectively. We understand how Kern County juries think and what arguments resonate in our local courts.
Contingency Fees and No Upfront Costs
We handle all personal injury cases on a contingency fee basis. This means you don’t pay any attorney’s fees unless we successfully recover compensation for you.
You won’t pay anything up front for our services. We only get paid if we win your case, and our fee comes as a percentage of your settlement or verdict.
Bilingual Team and 24/7 Support
Everyone deserves access to justice regardless of language barriers. Our team provides full support in both English and Spanish to serve Kern County’s diverse population.
Our 24/7 availability means we’re always here to answer your questions and address your concerns. You’ll never feel alone during this difficult time.
Track Record of Verdicts and Settlements
Our firm has a long history of securing successful outcomes for clients throughout Kern County. We’ve recovered millions of dollars in compensation for people injured in accidents.
We fight aggressively for every client and aren’t afraid to take cases to trial when insurance companies won’t offer fair settlements. Our reputation for thorough preparation and skilled advocacy often leads to better settlement offers.
Act Fast: Deadlines Apply to Injury Claims
Time is not on your side after an accident. California’s statute of limitations gives you only two years to file a lawsuit, and critical evidence can disappear quickly if you don’t act.
Witness memories fade, surveillance videos get deleted, and physical evidence can be lost or destroyed. The sooner you contact an attorney, the better your chances of building a strong case will be.
At Kuzyk Law Personal Injury & Car Accident Lawyers, we’re ready to act immediately to protect your rights. We can file preservation letters to safeguard evidence and begin investigating your case right away.
Don’t wait to get the legal help you need. Every day you delay could hurt your chances of recovering fair compensation for your injuries.
Kern County Personal Injury Claim FAQs
Can I Still File a Claim if the Accident Was Partially My Fault?
Yes, California’s comparative negligence law allows you to recover compensation even if you were partially at fault for the accident. Your percentage of fault will reduce your settlement, but you can still recover money for your injuries.
How Long Do I Have to Accept or Reject a Settlement Offer?
Settlement offers don’t have automatic expiration dates unless the insurance company sets one explicitly. However, you should respond promptly because delays can sometimes be interpreted as a lack of interest in settling.
What Happens if the At-Fault Driver Is Uninsured?
You may still have options for recovery through your own uninsured motorist coverage or by pursuing the at-fault driver’s personal assets, which is why consulting a Lancaster uninsured motorist accident lawyer can help identify all available compensation sources.
