After a car accident, getting fair payment depends on proving the other driver was at fault and showing how badly you were hurt. We handle this entire process so you can focus on getting better.
This includes dealing with the insurance adjuster, preserving evidence, filing paperwork, and meeting deadlines early. This is even more important for claims against government entities, whose deadlines can be as short as six months.
As trusted Bakersfield car accident lawyers, The Law Offices of Mickey Fine has years of experience handling these claims and knows how to protect your rights. Call us today for a free consultation at (661) 333-333.
What Does a Car Accident Lawyer Do Immediately After Being Hired?
The moments after you retain legal representation are when we lay the groundwork to protect your claim. Our first actions are designed to lift the burden from your shoulders and safeguard evidence before it disappears.
- We Handle All Communications: The first thing we do is notify all insurance companies that we represent you. This directs insurance adjusters to communicate solely with our office. It stops them from contacting you directly, which prevents them from taking a recorded statement that could be used against you later.
- We Initiate a Thorough Investigation: Evidence may be lost or compromised with time. We act fast to preserve it. Our investigative process includes dispatching investigators to photograph the accident scene, documenting road conditions, debris, and locating any nearby surveillance cameras from businesses. We also obtain the official police report and speak with the investigating officers.
- We Identify and Interview Witnesses: We move quickly to identify and contact anyone who witnessed the collision. Speaking with witnesses while their memories are still fresh is key to obtaining accurate and detailed accounts of what happened.
- We Help You Navigate Medical Treatment: We advise you on the importance of getting a full medical evaluation to diagnose all injuries, some of which may not be immediately apparent, like whiplash or concussions. We also ensure all medical care is properly documented, creating a clear link between the accident and your injuries.
- We Advise You on Key Deadlines: We immediately calendar the two-year statute of limitations for your personal injury claim and any separate, shorter deadlines, such as the six-month deadline for a government claim. This organization ensures no critical deadlines are missed.
How Do We Build a Strong Foundation for Your Claim?
Establishing Negligence
Negligence is the failure to use reasonable care to prevent harm. We demonstrate the other driver’s negligence by methodically analyzing the police report, witness statements, and physical evidence to show they were at fault through actions like speeding, distracted driving, or driving under the influence. In a city like Bakersfield, which has a high rate of accidents related to alcohol and speeding, this analysis is frequently a central part of our investigation.
Leveraging Reconstruction Professionals
For complex cases with disputed facts, we may collaborate with accident reconstructionists. These professionals use principles of physics and engineering to analyze crash data, vehicle damage, and scene evidence. Their scientific analysis determines factors like vehicle speed, impact angles, and driver actions, providing objective, authoritative evidence of how the crash occurred and who was at fault in the car accident.
Identifying All Liable Parties
The responsible party is not always just the other driver. A thorough investigation uncovers if other entities could share liability for your injuries. These may include:
- The driver’s employer, if the driver was on the clock at the time of the crash.
- A government entity responsible for dangerous road design or poor maintenance.
- A vehicle or parts manufacturer if a defect contributed to the accident.
Analyzing Insurance Coverage
We thoroughly review all applicable insurance policies—including your own, the at-fault driver’s, and any relevant umbrella policies—to identify all potential sources of recovery.
This is particularly important with California’s minimum liability insurance requirements increasing in 2025 to $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage. Our team identifies the full extent of coverage available to pursue the compensation you need.
How Do We Calculate the Full Value of Your Damages?
A primary function of how our car accident lawyers help you involves a comprehensive calculation of all your losses. Under California law, damages are the monetary compensation you may pursue for the harm you have suffered. These are broken into two main categories.
Economic Damages
These are your direct financial losses that have a clear monetary value.
- Past and Future Medical Bills: This includes every cost from the emergency room visit and initial hospitalization to surgery, physical therapy, medication, and any anticipated future medical care related to your injuries.
- Lost Wages: We calculate the income you lost while unable to work during your recovery period.
- Loss of Earning Capacity: If your injuries are severe enough to prevent you from returning to your former job or reduce your ability to earn an income in the future, we calculate this long-term financial loss.
- Property Damage: This covers the cost to repair or replace your vehicle and any other personal property that was damaged in the collision.
Non-Economic Damages
These are intangible losses related to the immense personal impact the accident has had on your life.
- Pain and Suffering: This compensates you for the physical pain and mental anguish you have endured because of your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, and daily routines that you previously enjoyed, you are entitled to compensation for this loss.
A Note on Emotional Distress and PTSD
Car accidents can be deeply traumatic events, sometimes leading to conditions like Post-Traumatic Stress Disorder (PTSD) and severe anxiety. In California, you may recover damages for this emotional trauma, but only if you have also sustained a physical injury in the accident. Our team understands how to properly document the connection between your physical injuries and the resulting emotional distress to ensure it is included as a valid component of your claim.
Comparative Fault in California
California follows a “pure comparative negligence” rule. This means you may still recover damages even if you were partially at fault for the accident. Your final compensation amount is simply reduced by your percentage of fault. For example, if you are found to be 10% at fault, your total award would be reduced by 10%. We work to gather evidence that minimizes any claim of fault against you and protects your right to a fair recovery.
How Do We Handle Negotiations with the Insurance Company?
Dealing with insurance companies while you’re still recovering is a frustrating and demanding process. Our role is to act as your advocate and shield you from this pressure. We manage all negotiations with a composed, fact-based approach aimed at securing a fair outcome.
- Preparing and Submitting a Demand Letter: Once your medical treatment has stabilized and we have a clear picture of your long-term prognosis, we compile all evidence into a comprehensive demand letter. This formal document outlines the legal basis for your claim, details your damages, and demands a specific settlement amount from the insurer.
- Managing the Negotiation Process: We handle all subsequent communications with the insurance adjuster. Adjusters are trained to protect their company’s bottom line and may try to devalue your claim. We counter their arguments with facts, medical records, and legal precedent, consistently advocating for the full compensation you are entitled to under the law.
- Protecting You from Lowball Offers: Insurers frequently make quick, low settlement offers, hoping that financial pressure will compel you to accept less than your claim is worth. We have the experience to assess these offers and provide you with a clear-eyed analysis of whether they represent fair value or if we should continue negotiating for a better result.
- Keeping You Informed: Throughout the negotiation process, we provide you with regular updates and explain every offer received. The final decision to accept a settlement is always yours. Our job is to give you the information and professional advice you need to make the best decision for yourself and your family.
What Happens if a Fair Settlement Cannot Be Reached?
While the vast majority of car accident cases are resolved through a settlement, we are always prepared to take a case to court if an insurance company refuses to offer fair compensation. When negotiations break down, accident litigation becomes a necessary step to protect your rights and pursue the full value of your claim. Filing a lawsuit is a logical progression in the process, not a first resort, and our team handles every aspect of litigation with thorough preparation.
- Filing a Lawsuit: If negotiations fail, we will file a formal lawsuit on your behalf. This initiates the litigation phase, where we adhere to all court rules and procedures to move your case forward.
- The Discovery Process: After a lawsuit is filed, both sides engage in a process called “discovery.” This is a formal phase of information exchange where we gather further evidence to strengthen your case. This may include:
- Depositions: Questioning the other driver, witnesses, and other relevant parties under oath.
- Written Interrogatories: Sending and responding to formal written questions.
- Requests for Documents: Formally requesting key evidence, such as cell phone records or vehicle maintenance logs.
- Representation in Court: If the case ultimately proceeds to trial, we will represent you before a judge and jury. Our team manages every aspect of the trial, from selecting a jury and making opening statements to presenting evidence, cross-examining witnesses, and delivering a compelling closing argument aimed at pursuing the maximum compensation available.
FAQ for “How Our Car Accident Lawyers Can Help You”
How much does it cost to hire the Law Offices of Mickey Fine?
We handle car accident cases on a contingency fee basis. This means you pay no upfront costs, and we only collect a fee if we successfully recover compensation for you through a settlement or verdict.
How long will my car accident case take?
The timeline varies greatly depending on the complexity of the case. A straightforward claim with clear liability might settle in a few months, whereas a case involving severe injuries or a dispute over fault that goes to trial could take over a year, depending on how long car accident claims typically take to resolve. Our focus is on achieving the best possible result, not the fastest one.
What if the driver who hit me has no insurance or not enough insurance?
We will immediately investigate whether you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto insurance policy. This is valuable coverage that is designed to protect you in exactly this type of situation. Starting in 2025, insurers in California must offer UM/UIM limits that match your liability coverage.
Should I talk to the other driver’s insurance company?
No, we strongly advise against it. You should politely decline to provide a recorded statement and refer them to our office. The goal of the other driver’s insurer is to get you to say something that could be used to undermine your claim, especially when insurance adjusters are determining who is at fault in a car accident. Their interests don’t align with yours, and what you say could reduce the compensation you’re entitled to.
Do I still need a lawyer if the accident was minor?
Even accidents that seem minor at first can result in delayed injuries, like soft tissue damage, that lead to significant medical bills. An initial consultation with our firm is free, so it is always worthwhile to understand your legal rights and options before you agree to any settlement with an insurer.
Secure Your Recovery with the Law Offices of Mickey Fine
After a Bakersfield car accident, let our team of personal injury attorneys handle the legal process so you can dedicate your energy to healing. We are ready to put our experience to work for you.
For a free, no-obligation consultation, call the Law Offices of Mickey Fine today at (661) 333-333.