Written by Ali Razavi

Most people are caught off guard the first time their attorney asks for arrest records. You came in about a car crash or a slip-and-fall, and suddenly you’re being asked about your criminal history. It feels disconnected, maybe even invasive. But there’s a precise reason attorneys — including our team at Razavi Law Group | Who Hurt You? — make this request early in a case, and understanding it will make you a better-prepared client.

This post covers that question directly, plus several others that come up constantly from injury victims across Bakersfield and the broader California Central Valley: what documents get filed in a personal injury claim, how to negotiate a settlement on your own, what questions to ask before you hire any attorney, and a few words on how personal injury law works outside California — specifically for readers asking about attorneys in Anchorage, Alaska.

Why Does a Personal Injury Attorney Ask for Arrest Records in Bakersfield?

The short answer: the defense attorney will find your arrest record anyway, and your attorney needs to know about it before they do.

In California civil litigation, defense counsel routinely runs background checks on plaintiffs. They are looking for anything they can use to undermine your credibility or reduce your damages. An arrest for fraud, drug possession, or DUI doesn’t automatically kill your personal injury claim, but if your own attorney discovers it the same moment opposing counsel raises it at deposition, you’ve lost valuable preparation time and your attorney looks blindsided.

There’s a more specific legal angle too. Under California Evidence Code § 788, prior felony convictions can be admitted to attack a witness’s credibility. If you have a prior felony, the defense can surface it during trial to suggest you’re not trustworthy. Your attorney needs to know this ahead of time so they can file motions in limine to limit or exclude that evidence, or at least prepare a narrative that puts the conviction in context.

Arrest records — as opposed to convictions — are a different matter. An arrest without a conviction generally cannot be used to impeach you under California law, but the defense may still try to introduce it through other avenues. I’ve seen defense teams in Kern County attempt to use arrest histories to support arguments about a plaintiff’s “lifestyle” in cases involving disputed liability. Knowing your record lets us shut that down fast.

There’s also the comparative fault issue. California follows pure comparative negligence (California Civil Code § 1714). If you were arrested in connection with the incident itself — say, a bar fight where you were also cited — the defense will argue your own conduct reduces your recovery. We need those facts on the table during case evaluation, not three weeks before trial.

Finally, some clients have prior civil judgments or outstanding warrants. These can affect how quickly a settlement check gets distributed, since liens may attach. The earlier we know, the earlier we can coordinate with the right parties.

So when a Bakersfield personal injury attorney asks for your arrest record, they’re doing their job. Be straight with them. Attorney-client privilege protects that conversation.

Personal Injury Attorneys in Anchorage, Alaska

Readers who land on this post from outside California — particularly those searching for attorneys in Anchorage — are dealing with a different legal environment, but many of the same principles apply.

Alaska personal injury law also follows a comparative fault system. Under Alaska Statute § 09.17.060, a plaintiff’s damages are reduced proportionally by their share of fault. Like California, Alaska gives you the right to file a personal injury claim within two years of the date of injury under AS § 09.10.070, though specific circumstances can shorten or extend that window.

What’s different in Alaska: the state is one of the few that still applies a modified contributory fault rule in some contexts, and its rules around expert witnesses and damages caps in certain cases diverge from California practice. If you’re in Anchorage, the American Bar Association’s lawyer referral resources are a reliable starting point for finding licensed Alaska personal injury counsel.

For California residents injured while traveling in Alaska, jurisdiction questions get complicated fast. In my experience, those cases are worth a direct consultation with a California attorney before you decide where to file. Our team handles California personal injury cases and can help you assess your options.

What to Ask Before You Hire a Personal Injury Attorney?

Hiring an attorney is not the same as hiring a contractor. The relationship is high-stakes, the timeline is long, and switching attorneys mid-case has real costs. Here are the questions that actually tell you something useful.

How many personal injury cases do you take to trial each year? Most cases settle, but an attorney who never litigates gets lower offers because insurance carriers know it. You want someone who files suit without hesitation when the offer is inadequate.

Who specifically will handle my case day-to-day? At many firms, the named partner signs the retainer and then hands your file to a junior associate or a paralegal. Ask directly. You deserve to know.

What is your assessment of my case’s weaknesses? A good attorney will tell you what the defense is likely to argue. If the attorney you’re interviewing only tells you what you want to hear, that’s a warning sign. I always walk potential clients through the hardest facts of their case upfront.

What is your contingency fee percentage, and does it change if we go to trial? Many attorneys charge 33% pre-litigation and 40% if the case goes to trial. Some charge more. California State Bar rules require a written fee agreement for contingency arrangements — FindLaw’s guide to contingency fees explains what that agreement should include.

How do you handle medical liens? In California, if you treated under MediCal, Medicare, or a health insurance plan, those entities have reimbursement rights. An experienced attorney manages those liens as part of maximizing your net recovery. Ask specifically what their process is.

Have you handled cases similar to mine? A car accident attorney and a truck accident attorney practice in the same broad area but deal with very different rules — federal trucking regulations, FMCSA compliance, multiple defendants. Case-type experience matters.

What Documents Are Filed for a Personal Injury Attorney Claim?

California personal injury litigation follows a predictable sequence of documents. Understanding what gets filed, and when, gives you realistic expectations.

Demand Letter: Before any court filing, your attorney typically sends a demand letter to the at-fault party or their insurer. This document lays out liability, your injuries, your medical expenses, lost wages, and a settlement demand. It’s not filed with the court but is often the foundation of pre-suit negotiations.

Complaint: If negotiations fail, your attorney files a civil complaint in the appropriate California Superior Court — in Kern County, that’s the Kern County Superior Court at 1415 Truxtun Avenue in Bakersfield. The complaint identifies the parties, describes the facts of the incident, states the legal theories of liability, and demands damages.

Summons: Filed alongside the complaint, this formally notifies the defendant that a lawsuit has been initiated and sets a deadline to respond.

Proof of Service: Once the defendant is served, the process server files this document confirming service was completed properly.

Discovery Documents: Interrogatories, requests for production, and requests for admissions are exchanged between parties. These aren’t all filed with the court, but your attorney manages them carefully. Responses are due within 30 days under California Code of Civil Procedure § 2030.260.

Medical Records and Billing Authorizations: These are exchanged in discovery. Your attorney will authorize release of relevant records. Be aware that authorizing records opens your medical history to the defense — another reason they need complete information from you upfront.

Expert Designations: In cases involving serious injuries, accident reconstruction, or disputed medical causation, both sides designate expert witnesses. These designations are filed by court deadline.

Settlement Agreement and Release: If the case settles, a written release is signed. This document permanently waives your right to bring future claims related to the incident. Read it carefully before signing. Cornell Law School’s overview of releases in civil cases provides useful context on what these documents cover.

—

How to Negotiate a Personal Injury Settlement without an Attorney?

I’ll give you straight advice here: for minor injuries with clear liability and medical bills under $5,000, self-negotiation is feasible. For anything more serious, the risk of leaving significant money on the table is real. That said, here’s how to do it competently if you choose to.

Document everything obsessively. Photographs of the scene, your injuries, property damage. Every medical bill, prescription receipt, and pharmacy record. A written log of missed work days and corresponding pay stubs. The stronger your documentation, the less room the insurer has to minimize your claim. Justia’s resources on personal injury documentation outline what evidence matters most.

Get the full picture of your injuries before settling. Never accept a settlement before your doctor has declared you at maximum medical improvement (MMI). Once you sign a release, that’s final. If a back injury turns into a disc herniation six months later, you can’t go back.

Calculate your damages accurately. Medical expenses plus lost wages is the floor. California law also allows recovery for pain and suffering. A common multiplier method applies 1.5x to 3x your economic damages for pain and suffering on moderate injuries, though this is just a starting framework — serious injuries command significantly more.

Counter every low offer in writing. Insurers open with low offers. Respond with a written counter that itemizes exactly why the offer is inadequate, citing specific bills and documented losses. Keep the exchange written. Phone calls are for rapport; real positions belong in email or letter form.

Know your deadline. California’s statute of limitations for personal injury claims is generally two years from the date of injury under California Code of Civil Procedure § 335.1. If negotiations drag past that point without a signed agreement, you lose the right to sue. Don’t let an insurer stall you past the deadline.

If you hit a wall, consulting with a California personal injury attorney before accepting a final offer costs you nothing on a contingency basis and may reveal that you’ve undervalued your claim.

How to Choose a Personal Injury Attorney?

We’ve already covered what to ask — but choosing comes down to a few factors that go beyond the Q&A.

Track record in your case type. A firm that handles motorcycle accidents, bicycle accidents, dog bites, and wrongful death claims has seen enough variety to know when a case has hidden value and when a settlement offer is genuinely fair. Specialization within personal injury matters.

Local knowledge. This gets underestimated. An attorney who knows Kern County Superior Court judges, local insurance defense firms, and the quirks of how juries in the Central Valley assess damages is genuinely more effective than one parachuting in from elsewhere. Knowing which adjusters settle quickly and which ones need to be pushed into litigation is real, usable knowledge.

Communication standards. You should be able to reach your attorney or get a same-day callback from their team. If the intake process was slow or disorganized, the case management will likely reflect that.

A fee structure you understand. No hidden costs. Ask specifically whether case expenses — filing fees, expert fees, deposition costs — are deducted before or after the attorney’s percentage is calculated. The difference on a $300,000 settlement can be tens of thousands of dollars.

Trust your read on the person. You’re handing someone significant control over a consequential part of your life. If something feels off in the consultation, it usually is.

Ready to Talk to a Bakersfield Personal Injury Attorney?

If you have questions about your injury claim — or you’re not sure whether what happened to you qualifies as a viable case — contact us for a free consultation. There’s no obligation, and we work on contingency, meaning you pay nothing unless we recover for you.

Razavi Law Group | Who Hurt You? serves injury victims throughout Kern County and across California.

Visit our Bakersfield office at 2601 Oswell St suite 206, Bakersfield, CA 93306, United States.

Call us today at (949)-694-3760.

Written by Ali Razavi. Ali is the founding attorney at Razavi Law Group | Who Hurt You?, representing personal injury clients throughout California. Read more about the author.