What Do I Do if I’m Injured on a Business’s Property?

by Staff Blogger | April 22nd, 2024

When you visit a business, whether it’s a retail store, office, or restaurant, an accident can happen that leads to you suffering injuries. These accidents range from slipping on slick surfaces and cutting yourself on exposed sharp objects, to being burned by hot surfaces and tripping over uneven flooring.

Understanding the steps to take following an injury on business premises is crucial. This knowledge can protect your legal rights and well-being. Our California property injury lawyers at Berg Injury Lawyers can guide you through what to do after an accident on a business’s property and help you get the compensation you need to recover.

Understanding Premises Liability

Premises liability refers to the legal responsibility of property owners, including businesses, for injuries occurring on their premises due to negligence or unsafe conditions. Businesses must maintain a safe environment for customers and visitors. This duty includes regularly inspecting the premises, promptly repairing hazards, and providing warnings for potential dangers.

When a business fails to uphold this duty, and someone is hurt, the injured party may have grounds to file a premises liability claim against the business. This typically involves negotiating a claim with the business’s commercial liability insurance or filing a personal injury lawsuit in court.

To win a premises liability claim, you must prove that the business had a duty of care toward you as a visitor, knew or should have known of the danger, and failed to take steps to address it. You must also show evidence, such as medical bills or witness testimony, demonstrating the damages you suffered from the accident.

Filing an Injury Claim

If you’re injured on a business’s property, you must take specific steps to protect your rights and file an adequate claim for compensation. Here’s what to do after your accident:

• Get Checked by a Medical Professional: Even if your injuries seem minor, get a medical evaluation as soon as possible. Some injuries may not be apparent right away but could worsen if left untreated.

Example: You slip on a wet floor in a coffee shop and initially feel fine, except for a minor ache in your ankle. However, when you visit a walk-in clinic for a check-up, the doctor discovers a sprain. This timely medical assessment provides essential documentation for your injury claim.

• Report the Injury: Immediately notify the business owner or management about the incident. Ask them to document the incident in their records and obtain a copy. This creates an official record of the accident, which can be valuable for your claim.

Example: Right after tripping over a loose tile in a bookstore, you find the manager and explain what happened. The manager writes an accident report, and you get a copy for your records, creating an official account of the incident, which you can use when filing your claim.

• Document the Details: Take detailed notes of the accident, including the date, time, and location, as well as the circumstances leading to the injury. If possible, take photographs of the hazardous condition or area where the incident occurred. Collect contact information from any witnesses who saw what happened.

Example: Immediately after slipping on an icy sidewalk outside a mall, you use your phone to capture pictures of the area, highlighting the absence of salt or sand. You make a note of the time, date, and which entrance you were near when you were injured. Before leaving the scene, you swap contact details with any bystanders who witnessed the fall or assisted you. These actions gather crucial evidence for your accident claim, allowing you to contact the witness for a statement during the filing process.

• Preserve Evidence: Keep physical evidence of the accident, like torn clothing, shoes, or damaged personal belongings. This evidence can support your claim and demonstrate the severity of your injuries.

Example: After snagging your sleeve on a sharp object in a clothing store, leading to a torn garment and a deep scratch on your arm, you keep the damaged clothing and document your injury with photographs. These pieces are tangible evidence of the occurrence and the direct injury inflicted, proving invaluable for substantiating your claim with insurance companies or in a legal setting.

The Role of Personal Injury Attorneys in Premises Liability Cases

Filing a premises liability claim can be complex, especially when dealing with insurance companies or pursuing legal action against a business. A personal injury attorney specializing in premises liability cases can help with several aspects of your case, helping you maximize compensation.

Our attorneys at Berg Injury Lawyers can use our 40+ years of legal experience to protect your rights and do the following:

• Evaluate your case and determine the strength of your claim
• Use all available evidence to calculate the full compensation you’re owed
• Negotiate with the business’s insurance company on your behalf to ensure you receive a fair recovery award
• Represent you in court if a settlement is not reached and litigation becomes necessary
• Handle all legal aspects of your case, allowing you to focus on your recovery

Get the Settlement You Deserve with Berg Injury Lawyers

Suffering harm on a business’s property can be a stressful and overwhelming experience. However, knowing how to respond and protect your rights is essential.

If you’ve been injured on a business’s property in California, contact us today for a free consultation. We can help you start a compensation claim and get your life back on track.

How to Handle a Personal Injury Claim That Involves a Minor

by Staff Blogger | April 15th, 2024

As with adults, children under the age of 18 can be victims of personal injury accidents, whether they’re car accidents, premises liability incidents, or dog bite attacks. When adults are injured due to others’ negligence, they can personally file injury claims or lawsuits against the liable parties and receive compensation for their damages.

While minors have the same rights, the legal process has different requirements. This typically involves the appointment of a guardian ad litem (GAL), a court-appointed advocate responsible for protecting the child’s best interests during legal proceedings.

Knowing the role of a GAL and working with a California personal injury attorney can help you get your child the compensation they deserve.

The Role of a Guardian Ad Litem

In personal injury cases involving minors, a GAL focuses exclusively on the child’s welfare, providing an unbiased perspective necessary for the child’s best interests. The GAL’s responsibilities include:

• Assessing the Child’s Needs: In personal injury cases, the GAL evaluates the child’s circumstances by examining medical records, consulting with educators, and observing their daily environment. This assessment ensures the child’s specific needs are understood and addressed throughout the legal process.

• Making Court Recommendations: Based on their findings, the GAL proposes the most beneficial actions for the child’s welfare to the court. This might include specialized medical treatments or educational services to support the child’s recovery and development.

• Serving as the Child’s Voice: The GAL ensures that the child’s preferences and interests are communicated to the court. They advocate for the minor’s views on living arrangements, medical care, and other aspects of the case, giving the child a meaningful role in the proceedings.

• Liaising Between Parties: The GAL acts as a mediator between the child, their family, and all legal parties. This ensures a unified approach to addressing the child’s needs, facilitating clear and consistent communication.

• Monitoring Case Progress: The GAL monitors the progression of the personal injury case and the enforcement of court orders. Their oversight guarantees that the child’s welfare remains a focal point of the legal process, upholding their rights and well-being.

The GAL’s role differs from that of a personal injury attorney. The minor and their family may hire a personal injury lawyer to pursue compensation and handle legal claims. At Berg Injury Lawyers, we work closely with the appointed GAL in your child’s case to ensure that our legal strategies align with the minor’s needs.

Steps to Take After an Accident

After an accident involving a minor, it’s important to act quickly and decisively to protect their health and legal rights. Here’s what to do if your child is hurt in a personal injury accident:

• Seek Immediate Medical Attention: Seek prompt medical attention for the child to ensure proper diagnosis and treatment and to document their injuries. Delayed treatment could exacerbate injuries and weaken the claim.

• Report the Incident: Report the accident to the appropriate authorities, whether law enforcement, school officials, or other relevant parties. This creates an official incident record, which your attorney can use during the claims process.

• Document Details and Evidence: Thorough documentation is critical for building a strong case. Collect information such as witness statements, photographs of the accident scene, and medical records detailing the minor’s injuries and treatment for your child’s claim.

• Maintain Detailed Medical Records: Keep all records of your child’s medical expenses, treatment plans, and prognosis throughout their recovery. This documentation shows the long-term consequences of the injury on your child’s life and helps estimate appropriate damages.

• Seek Compensation: Work with a skilled personal injury attorney to help you through every stage of the claims process. Our team at Berg Injury Lawyers can help you gather evidence, assess medical records, and negotiate with insurers for fair compensation.

If the insurer won’t settle, we can take the case to court and partner with the GAL to protect your child’s interests in a lawsuit.

Accurate Compensation for Minors

Securing fair compensation for a minor in a personal injury lawsuit requires navigating complexities not present in adult cases. Lawyers need to consider the prolonged consequences, such as medical requirements, ongoing care, psychological suffering, and the implications on the child’s quality of life.

This process might involve detailed reviews of medical records, consultations with pediatric and other specialists, and collaboration with the child’s GAL to gather insights into the child’s health and well-being.

Additional compensation considerations include the following:

• Court Approval Requirement: Settlements for minors undergo court review to confirm they prioritize the child’s medical or educational needs. For example, a judge may scrutinize the settlement terms to ensure they adequately cover future medical treatments and rehabilitation costs.

• Preference for Structured Settlements: In safeguarding the minor’s financial well-being, judges often prefer structured payments instead of one-time lump sums. This arrangement may involve periodic disbursements designated for educational costs or continuous medical treatment, offering a steady economic base as the child matures.

Get Skilled Legal Representation for Your Child’s Injury Case

At Berg Injury Lawyers, we specialize in advocating for the rights of minors and their families, helping them receive the financial justice they deserve. We know the laws governing settlements for minors and know how to build a strong case.

If your child has been injured due to someone else’s negligence, contact us for a free, confidential case review to receive legal guidance and representation.

What to Do if You’re Injured on Public Transportation

by Staff Blogger | April 8th, 2024

Public transportation is a convenient and cost-effective way to travel for millions of people in California. The state’s monthly ridership was around 60 million in 2022, a rebound from lower numbers during 2020.

Despite the relative safety and convenience of public transportation, accidents can happen. In 2023, 14 people were injured when a transit bus crashed into a restaurant in Long Beach. That same year, a Metro bus rolled backward into a retaining wall, injuring three passengers.

Knowing how to respond if you’re in a public transportation accident is vital to your immediate well-being and potential legal implications. A California public transit injury lawyer from Berg Injury Lawyers can help you understand your rights and get fair compensation after a crash.

Immediate Steps to Take After an Injury

Your actions after a crash involving public transportation in California can safeguard your right to potential legal actions. These cases involve governmental authorities, which can mean taking extra steps to preserve evidence and report the incident.

Here’s what you should do after a public transit collision:

Understanding Public Transportation and Liability

In a standard vehicle accident, victims in California can typically file for compensation against the party who caused the crash. This involves gathering evidence, submitting a claim with their liability insurance, and receiving a settlement.

In crashes involving government entities, liability can be more complex. California’s Tort Claims Act can make it more difficult to sue municipal or public-run programs or employees. In addition to requiring extra steps for filing a claim, it requires you to prove that your injuries resulted from negligence or misconduct by the government entity, such as speeding or failing to maintain bus equipment.

How a Personal Injury Lawyer Can Help

A personal injury lawyer with experience handling public transportation cases can help you seek a fair settlement for your injuries. Our team at Berg Injury Lawyers can do the following to help you get the recovery award you deserve:

• Investigate the Accident: We collect evidence such as surveillance footage, police reports, and witness statements to build a strong case. Our team can work with accident reconstruction experts to establish fault and liability.

• Handle All Communications: We deal with the transportation company, insurance adjusters, and other parties involved on your behalf to ensure your rights are protected.

• Navigate Legal and Regulatory Challenges: We understand and apply state laws governing public transportation accidents, protecting your right to sue for damages.

• Secure Fair Compensation: Our attorneys can calculate and negotiate settlements that cover medical expenses, lost wages, pain and suffering, and other damages.

• Represent You in Court: We can take your case to trial to fight for the compensation you deserve.

Contact Berg Injury Lawyers After a Public Transportation Accident

Injuries sustained on public transportation can have physical and legal consequences. Knowing the proper steps immediately after an incident is crucial for protecting your health and legal rights.

If you’re considering pursuing a personal injury claim, contact Berg Injury Lawyers today. Our experienced team can help you get the compensation you’re owed. Schedule a free consultation to discuss your case and learn how we can help you protect your right to compensation.

What Are Contingency Fees?

by Staff Blogger | February 26th, 2024

If you’re considering legal action in a personal injury case, you might encounter the concept of contingency fees. This arrangement means your personal injury lawyer only gets paid if your case is successfully resolved, earning a predetermined percentage of your final settlement amount.

This arrangement means you don’t need to worry about upfront legal fees. It’s a practical option if you’re concerned about the costs of legal representation, and it creates a shared-risk situation where your lawyer’s motivation is directly tied to your success in the case.

Learn more about how contingency fees work at Berg Injury Lawyers, helping you get skilled legal help for your personal injury case.

How Contingency Fees Work

Contingency fees are a sign-now, pay-later payment model for legal services. When you hire a lawyer with this arrangement, their fee includes their time and experience. This fee is a set percentage of your settlement or award, ensuring all necessary legal work is covered without upfront costs.

If your case is successful, these fees will be deducted from the final settlement or award. If not, you generally owe nothing. This makes it a low-risk option for those needing legal counsel but not immediately available funds.

Always ensure you understand the specific terms and percentage, as it may vary from one lawyer or firm to another.

Benefits and Considerations

There are several benefits to using an attorney who works on a contingency fee arrangement, including:

• Reduced financial risk. You do not need to pay upfront fees with a contingency agreement. This reduces the financial risk associated with pursuing a lawsuit. If the case is unsuccessful, you typically won’t owe attorney fees.

• Access to legal representation. Contingency fees provide access to experienced legal counsel for individuals who may not have the means to pay hourly rates or retain an attorney on a traditional fee basis. This is especially important in personal injury cases, where you may already be dealing with medical bills, lost wages, and pain and suffering.

• Motivated attorneys. Since they only get paid if you win your case, your attorneys are highly motivated to secure the best possible outcome. It also means they likely won’t take on your case if there isn’t a reasonable chance of a favorable settlement. This often means more dedicated and effective legal representation.

Despite these benefits, you may have concerns or misconceptions about contingency fees — for example, the possibility of hidden costs. Even under this arrangement, you may be responsible for court filing fees, document request fees, or postage and copying fees if your case is unsuccessful.

However, your attorney should provide you with a clear and transparent contract before you use their services. This contract outlines the specifics of the fee arrangement, including the percentage the attorney will take from any settlement or award if they win the case, as well as any potential costs or fees you might be responsible for if the case does not succeed.

Contingency Fees and Additional Charges in California

In California, contingency fees are subject to regulations and ethical guidelines set by the State Bar of California. The California State Bar mandates that attorneys may not charge unreasonable or excessive fees. It also outlines that any fees must reflect the services performed and require informed consent from the client before charging.

However, these percentages can vary based on the case’s complexity and other factors.

For instance, a straightforward car accident claim might be at the lower end of this range since it may not require extensive investigation or expert witnesses.

Complex medical malpractice cases may warrant a greater percentage of contingency fees. This increase reflects the complexity of the case and the necessity for additional resources such as medical experts, extensive records retrieval, and thorough research.

This variability ensures that the fee structure is adaptable to the unique demands of each case.

Find Affordable Legal Representation

Contingency fees make legal representation accessible to all personal injury victims, especially those facing financial hardship after an accident. If you’re concerned about legal fees, speak with our experienced team at Berg Injury Lawyers.

Our personal injury lawyers are committed to providing transparent and compassionate representation. Contact us today for a free consultation. We can explain our contingency fee structure and help you get started on your case.

The 5 Most Common Types of Bicycle Injuries (and How to Avoid Them)

by cjadmin | February 12th, 2024

With the increasing popularity of cycling for transportation and as a recreational activity, riders need to be aware of its potential risks. California, in particular, has seen a surge in cycling enthusiasts, but with it, an increase in accidents.

Our detailed guide offers insights into common bicycle injuries and their causes, along with strategies for accident prevention. If you are injured in a bicycle accident, contact a California bike accident lawyer to help you recover damages.

Common Bicycle Injuries

Cycling can lead to many injuries, with 38,886 bicyclists hurt in 2020 in the United States according to data from the NHTSA. As the fourth most bike-friendly state, California accounts for many of these injuries.

Here are the most common bicycle injuries, their causes and risk factors, and common scenarios you might encounter:

Importance of Safety Gear and Equipment

Always wear the appropriate gear when riding a bicycle in California, and ensure your bike has the right safety equipment. This includes the following:

• Helmets. Mandated by state law for those under 18, all bicyclists should wear a helmet to protect their heads when riding. The helmet should meet the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) standards, per CA Vehicle Code 21212(a).

• Padded gloves. Wear padded gloves to improve your grip, cushion your hands during long rides, and offer protection in case of falls.

• Padded cycling shorts. Consider padded cycling shorts for increased comfort on the saddle. They help reduce friction and prevent chafing, especially on longer journeys.

• High-visibility clothing. Wear bright or reflective clothing to make yourself more visible to motorists, especially at dawn, dusk, or night, to improve your safety on the road.

• Appropriate eyewear. Use sunglasses or clear protective lenses to shield your eyes from the sun’s glare, wind, and airborne debris.

• Elbow and knee pads. Elbow and knee pads can prevent serious injuries during falls, especially in areas with rough concrete or uneven surfaces.

• Proper footwear. Wear closed-toe shoes with a firm sole for better pedal grip and better control and to protect your feet from injuries.

• Brake, handlebars, lights. Per CA Vehicle Code 21201, your bike needs a skid-capable brake and handlebars at a safe height. For night riding, it needs a front white light visible from 300 feet, rear red reflector or light visible from 500 feet, pedal reflectors visible from 200 feet, and side reflectors or reflectorized tires.

General Tips: Responsible Biking Practices

Cyclists can minimize their risk by practicing road awareness and responsible biking practices. This includes the following:

• Always ride in the same direction as the traffic flow.
• Use hand signals to indicate turns and stops.
• Stay alert and avoid distractions like headphones or phones.
• Yield the right-of-way when required and be courteous to other road users.
• Use designated bicycle lanes if available.
• Give yourself enough distance from parked cars to avoid dooring.
• Attend bicycle safety courses to improve riding skills.

Consult an Attorney if You’re Hurt in a Bicycle Accident

If you’ve been injured in a bicycle accident, don’t wait to get the help you need. Reach out to our experienced attorneys today to protect your rights and start your journey toward recovery.

We can use all that we’ve learned in our more than 40 years of experience to review your case and help you get a fair settlement to pay for your damages. Contact us today for a free consultation.

Alcohol-Related Injuries at Parties: Can the Hosts be Held Accountable?

by Staff Blogger | February 7th, 2024

Many states have laws that hold party hosts responsible for accidents resulting from the consumption of alcohol. California is different. The host is generally not liable for the actions of an intoxicated party guest as long as they are of the legal drinking age. Also, in the US, hosts of social events are typically governed by more lenient laws than commercial establishments.

There are, however, exceptions where a host may be liable for first and third-party injuries. One major caveat to these exceptions is that the victim must be able to prove that the host’s actions were the primary cause of their injuries. Only a seasoned lawyer can fight for victims when the system works against them. You can find an experienced Modesto personal injury attorney at Berg Injury Lawyers.

This article explains California laws regarding alcohol-related injuries and will help point victims in the right direction.

What Does California Law Say About Alcohol-Related Injuries? 

Victims of alcohol-related accidents may feel helpless when they have to make an unwilling host own up to their negligence.

For one, California law generally protects hosts of private social gatherings. The law states that everyone is responsible for their “own actions.” Put simply, if a drunk person causes an injury, the victim may only be able to pursue legal action against that person and not the person who served them alcohol. It is very common for event hosts to deny responsibility based on this argument.

Also, “furnishing” alcohol is rarely considered the primary cause of an injury. Instead, it’s usually the consumption of the alcohol that matters.

In the case of drunk driving accidents, for example, a victim wishing to file an injury claim against the host would have to prove the host negligently over-served an already visibly intoxicated party guest. Even then, the host may argue that controlling someone else’s actions was not their responsibility. As we’ve already mentioned, however, there are some exceptions to these laws that only an attorney can work through.

Which Arguments Can Your Personal Injury Attorney Use? 

The advantage of having an attorney represent victims during settlement negotiations and litigation is that lawyers know their way around the legal system. With a skilled lawyer,injured victims may still be able to receive damages, even in cases where the odds of success seem low.

Was the Drunk Person a Minor?

The law mentioned above has one huge caveat. Responsibility shifts when the drunk person who caused injury to another is under 21 years old (California Civil Code 1714). Victims can, therefore, hold a host liable who knowingly furnished alcoholic beverages to an underage guest or family member.

Your lawyer must demonstrate that the host knowingly provided alcohol to the underage individual. The court will consider whether the host knew or should have known that the person was not of drinking age and if they failed to supervise them to prevent alcohol consumption.

Did the Social Host Charge an Entry Fee?

If your lawyer can prove that a host’s actions negate their social host immunity, you may have a case under the state’s Dram Shop Liability laws.

Although California generally does not hold bars and restaurants that serve alcohol liable for a drunk adult’s actions, they can be liable if the intoxicated person is a minor or if the person was visibly intoxicated before they decided to serve them more alcohol.

Can Premises Liability Come to the Victim’s Aid? 

If another hazard, other than alcohol, was to blame for the accident, victims may be entitled to compensation.

Picture the following scenario: A visibly intoxicated party guest loses their footing and knocks you to the ground, causing injury to you both. On the surface, the guest may appear liable. But what if, upon closer examination, you find out that the drunk guest slipped and fell because the floor was wet and slippery? In this scenario, the host may be liable.

California premises liability law requires that homeowners ensure the reasonable safety of their visitors. In a case like this, your attorney can make the homeowner pay for their failure to keep their property safe for you and other guests. Even if the homeowner believes the intoxicated guest was partially responsible for their own injury, the homeowner may still be liable for damages proportional to their contribution to the guest’s injury.

When Should Injured Victims Contact an Attorney for Alcohol-Related Injuries at Parties? 

Contacting a Modesto personal injury attorney as soon as possible after an accident can make a huge difference in the outcome of a victim’s claim.

Early consultation means victims still have a clear recollection of the events surrounding the accident. Witness statements are likely more reliable at the time. In addition, the evidence is fresh, and the defendant has had limited time to alter the accident scene.

It’s important to let an experienced lawyer review your case as soon as possible after your injury. You will not pay for a consultation or case review with Berg Injury Lawyers.

It can be tricky for alcohol-related injury victims to convince party hosts’ homeowners insurance companies or juries that the host’s negligence caused their injuries. But by building a solid case, it is possible.

Victims should not give up on their cases before contacting us. We offer a No Fee Guarantee®, meaning our clients will not be charged a fee for our services unless they receive compensation. Contact us today for a free consultation.

California’s Accident Reporting System: How to Report Your Injury Accident?

by Staff Blogger | January 8th, 2024

When you’re hurt in a personal injury accident in California, reporting the incident is often a legal obligation. While the process ensures compliance with legal responsibilities, it can also protect your rights to financial support for your hospital bills, lost wages, and other losses.

Learn the various reporting procedures for personal injury accidents in California and how our California car accident attorneys at Berg Injury Lawyers can help you with your claim.

Introduction to Accident Reporting

If you’re involved in an accident, whether in a car crash, a slip and fall, or another type of incident, you must report it to the relevant authorities. Here’s why this step is important to your well-being and legal rights:

• Legal compliance. Promptly reporting accidents ensures compliance with state laws and regulations. This action fulfills your legal responsibilities and adheres to important reporting deadlines.

• Emergency response. Reporting accidents facilitates a swift response from emergency services, ensuring that those injured can receive immediate medical care.

• Determining responsibility. Your report accurately describes the incident, helping lawyers and insurers determine fault. This is essential for any legal action or insurance claims that may follow.

• Insurance and claims. You can start the insurance claim process by reporting your accident right away. This quickens the reimbursement for damages, medical bills, and other related expenses incurred due to an injury.

• Workplace safety. In workplace accidents, your report contributes to maintaining a safer environment. It helps identify potential hazards and implement measures to prevent similar incidents in the future.

• Evidence preservation. Prompt reporting helps preserve important evidence while it’s still fresh and relevant. This can help ensure the evidence remains valid and admissible in legal proceedings.

• Community safety. Reporting accidents contributes to the safety of the entire community. It helps authorities identify potential risks and promote a safer environment for everyone.

Steps to Report an Accident in California

Depending on your personal injury accident, you may need to follow different reporting guidelines in California. Here’s how to report various types of accidents:

Tips for a Smooth Reporting Process

You can take proactive steps to ensure a smooth reporting process. Here are some suggestions for efficient reporting:

• Initiate reporting promptly. Act quickly to meet deadlines and ensure accurate documentation.

• Verify information accuracy. Double-check all details before submission to prevent potential discrepancies.

• Organize your records. Maintain a comprehensive record, including reports, witness statements, and supporting documents.

• Consult legal professionals. Seek guidance to understand specific reporting requirements and potential legal implications.

• Capture photographic evidence. Document the incident visually whenever possible and keep multiple copies of evidence.

• Maintain open communication. Stay in regular contact with relevant parties and provide additional information as needed.

• Understand reporting channels. Familiarize yourself with appropriate reporting channels, ensuring you use the correct methods for your situation.

Secure Your Deserved Compensation After an Injury Accident

Accurate reporting is essential for addressing the aftermath of personal injury accidents. At Berg Injury Lawyers, we can help you through these complex guidelines to help you report your accident accurately and protect your right to compensation.

Contact us today for a free review of your personal injury case. We can review the evidence and help you determine your next steps.

How California’s Abandoned Property Laws Can Lead to Personal Injury Claims

by Staff Blogger | December 26th, 2023

Abandoned properties in California have become a prevalent issue, causing concerns for public safety. Due to lack of maintenance, these buildings often deteriorate, leading to unsafe conditions like unstable flooring, exposed sharp objects, and fall hazards.

Even though these buildings are abandoned, the owners still have a responsibility to prevent harm to visitors. If you are hurt in an abandoned property, you can work with a California premises law attorney from Berg Injury Lawyers to seek compensation for your injuries.

Abandoned Properties in California

As of the most recently available data from 2018, California’s expansive terrain boasted around 1.2 million empty homes. The state’s overall vacancy rate is 8.68%, which makes the high number of vacant homes more concerning.

This issue is particularly evident in a 5-mile stretch of homes that extends from East Los Angeles through Pasadena and South Pasadena. This area has 115 deserted homes, which were purchased by the state’s highway authority for a proposed road expansion that never occurred.

This situation highlights the housing challenges in California. Curiosity or the search for shelter often draws people into these vacant properties. However, dilapidated conditions, potential structural issues, and unforeseen hazards make it dangerous for those who venture inside.

Basics of California’s Premises Liability

Premises liability refers to the legal principle where property owners can be held liable for injuries sustained on their property due to negligence or failure to maintain safe conditions.

Under California law, property owners are accountable for injuries caused to another due to a lack of ordinary care in managing their property. If you suffer a premises liability accident because a property owner didn’t maintain a safe environment, you could hold the owner responsible.

Typically, this can be done through a personal injury claim, in which the victim can seek damages like medical costs, lost wages, and pain and suffering related to their injuries.

Property Owner Duty of Care for Abandoned Properties

A property owner’s duty of care extends to abandoned properties. This legal obligation requires owners to take reasonable steps to ensure that their property, whether in use or not, doesn’t pose foreseeable risks to others.

To fulfill their duty of care, property owners of abandoned properties should take safety precautions such as:

• Conduct regular safety inspections. Property owners should inspect their property to detect and rectify potential hazards. It ensures the space remains as safe as possible.

• Enhance lighting around the premises. Installing lighting can deter trespassers and reduce accidents caused by low visibility.

• Place visible warning signs. Although property owners don’t owe the same duty of care to trespassers as visitors, they cannot know or maliciously harm a trespasser. Marking hazardous zones provides clear warnings to any visitor or trespasser, altering them of the danger.

• Barricade all unsafe structures. Owners should block off unstable or risky areas with fencing or screening to prevent access and potential harm.

• Secure open pits and depressions. Open pits present a fall hazard; they should be covered or fenced to ensure safety.

• Safely remove or store hazardous materials. Dangerous substances on the property should be either safely removed or securely stored away.

• Display “No Trespassing” signs prominently. These signs act as a deterrent, warning potential intruders to stay away.

Seeking Compensation After an Injury in an Abandoned Property

Injuries in abandoned properties can lead to unexpected medical expenses, time off work, and emotional distress. The legal aspects of premises liability can be complex, especially when determining the responsibility of the owner of an abandoned building.

To help with your case, speak with a skilled attorney from Berg Injury Lawyers. We have experience in this area and can evaluate your case, compile crucial evidence, and represent your interests. We can help you prove that the property owner was negligent so you receive a fair settlement for your injuries.

Hold Negligent Property Owners Accountable in California

California’s abandoned properties are a serious issue in the Golden State. If you suffered injuries on an abandoned property, get the legal representation you deserve.

Our experienced team can accurately assess your damages and help you hold the property owner responsible for their failure to keep the property safe. Reach out to us today for a free consultation and learn your legal options for recovering compensation.

The Role of Surveillance Footage in Personal Injury Cases

by Staff Blogger | November 27th, 2023

If you’ve recently suffered a personal injury in a car collision, slip and fall, or a workplace accident due to another’s negligence, you might wonder about the evidence needed to support your claim. In addition to medical records and police reports, surveillance footage can support your case.

With traffic and surveillance cameras on many streets and properties in California, this footage can corroborate testimonies, determine liability, and provide objective proof in court.

If you plan to file a claim after a personal injury accident, our California personal injury lawyers can help you obtain and use these recordings to ensure you receive maximum compensation.

Benefits of Surveillance Footage in Personal Injury Claims

Surveillance footage offers an impartial, unfiltered view of accidents, helping your attorney investigate your claim and prove negligence.

• Authenticity. Surveillance footage captures events as they unfold, with timestamps and metadata proving when and where the incident occurred. Camera footage is an objective and unedited account of events that can stand up in court.

• Corroboration of testimony. When memories fade or witnesses have conflicting accounts, video evidence can set the record straight, supporting or contradicting verbal testimonies.

• Determination of fault. By visually presenting a sequence of events, surveillance footage makes it easier for attorneys and insurance companies to determine who’s at fault and accurately assign liability.

• Preservation of real-time reactions. A video can vividly illustrate the immediate pain, shock, or distress of personal injury victims, making it harder to dispute the victim’s damages and suffering.
• Facilitation of settlements. Solid visual evidence can make a quick settlement more likely. This reduces the chances of a prolonged legal battle and helps victims receive fair compensation.

For example, surveillance video can help prove the severity of a car accident and can be vital evidence in facilitating settlement through the at-fault driver’s insurance or a damage award in a personal injury lawsuit.

Types of Personal Injury Cases Where Surveillance Footage is Critical

Surveillance video helps back up a personal injury claim, especially when stories about what happened don’t align. Here are some everyday personal injury situations where this kind of footage can help:

• Slip and fall accidents. In places like shopping malls or public areas, cameras can show the presence (or absence) of hazard warnings, wet floors, or clutter. This footage can prove negligence and reveal the impact and severity of the fall on the victim.

• Car accidents. Traffic and dashcam recordings can illustrate the events leading up to a collision, pinpointing reckless behaviors or determining right-of-way violations. The immediate aftermath captured can give insights into the gravity of injuries, helping validate medical claims and treatments.

• Workplace injuries. In work environments, surveillance video can capture unsafe practices, equipment malfunctions, or the failure to use safety gear. It can show the nature of the injury and the victim’s immediate response, showing the severity of the damage. 

• Pedestrian or bicycle accidents. Surveillance footage can show fault when a pedestrian or bicyclist is struck by a vehicle at crosswalks, intersections, or roads. Video may clarify if the pedestrian had the right of way, if the driver was distracted, or if the bicyclist followed traffic rules, establishing liability and the depth of damage caused.

• Negligent security claims. In places like bars, hotels, or parking lots, surveillance footage can demonstrate inadequate security measures, like poor lighting, broken gates, or the absence of security personnel. If a victim is harmed, video can prove the property owner’s negligence, helping the victim receive compensation in a premises liability claim. 

Privacy Concerns and Legal Considerations

While surveillance footage can be powerful evidence in personal injury cases, there are legal hurdles to navigate. Here are some factors that could complicate the process of getting or using this footage in court:

• Privacy issues. Even if there’s footage, it doesn’t automatically grant permission to use it; privacy rights vary based on whether the event took place in a public or private setting. Given the specifics of the incident, your lawyer might need to work through these legal intricacies to get the video.

• Admissibility. Just because a video records the incident doesn’t mean it’s automatically valid in court. For it to be admissible, it must be authentic and relevant.

To prove authenticity, maintain a clear chain of command for custody of the footage, including where it originated, who has access to the video, who has viewed it, and a record of any copies made.

• Accessibility. Accessing and preserving footage can be challenging. Many cameras come with limited storage, and private and public entities frequently erase content after a set period.

Working with an experienced attorney immediately after your accident can enable them to secure surveillance footage for your case quickly. This might involve issuing a preservation letter to the party or entity in possession of the footage.

Get Skilled Legal Representation with Berg Injury Lawyers

Surveillance footage can strengthen your case, but managing this evidence correctly is essential. At Berg Injury Lawyers, we know how to obtain and use this footage to strengthen your case.

We will thoroughly investigate your personal injury incident to find all relevant evidence. This can include traffic, surveillance, or dash camera footage to help determine fault and help you win your claim.

Contact us today for a free consultation and to learn about our no fee guarantee — a simple promise that if you don’t win, you pay nothing.

Thanksgiving Burn Accidents and Liability: Understanding Your Legal Options 

by Staff Blogger | November 21st, 2023

When we celebrate Thanksgiving with family and friends, we enliven the values of warmth, thankfulness, and sharing a delicious meal between loved ones. However, with Thanksgiving always comes the risk of burns and other cooking-related mishaps. Safety is a critical prerequisite of enjoying your holiday.

Burn injury accidents can cast a serious pall over the holiday season, whether caused by a scorching oven, a scalding pot of gravy, or an unexpected deep-fryer accident. Get the help you need to navigate these thorny legal situations by working with an experienced burn injury lawyer.

Common Causes of Thanksgiving Burn Accidents

Thanksgiving celebrations can sometimes end in accidents and injuries. The following are some of the most common causes of burn accidents on Thanksgiving:

Burn Injuries from Fires

Every Thanksgiving, according to the U.S. Fire Administration, there are more than 2,400 fires in residential buildings, resulting in scores of burn injuries and millions of dollars of damage. These fires are often caused by careless cooking and improper use of dangerous equipment, such as deep fryers. On Thanksgiving Day, try to keep the kitchen occupied only by individuals who are actively cooking to lessen the risk of burn injuries or home fires.

Oil Burns

Accidents involving deep fryers can result in deadly fires, burn injuries, and fatalities. When heated oil drips over the burner, turkey fryers can start fires.

Cooking Burns

Touching something hot, such as an electric coil on the stove, or failing to remove your skin from contact with a hot surface right away might result in second-degree burns.

Burns Brought on by Alcohol

Alcohol abuse can result in all manner of accidental injuries, including burns. Impaired judgment and coordination increases the likelihood of an accident occurring in the kitchen or near open flames.

How to Prove Liability for Various Burn Injury Types

Because each type of burn injury is unique, there are various ways to determine who is at fault. This is where the skills of a Sacramento injury lawyer can be critical, as they can review your case, identify the root cause of the injuries, and what may be needed to establish liability.

The Value of Consulting a Lawyer to Prove Liability

Liability for a burn injury can be challenging to establish. While a jury trial decides on some of these cases, many disputed injury claims are decided through motion practice before a judge. Some lawsuits are settled in arbitration or mediation. All of these conflict resolution techniques require that the injured party has the support of an experienced attorney aware of the kinds of evidence that will help the case and the kinds of legal arguments that should be laid out in court.

Legal Recourse for Thanksgiving Burn Accidents

If you or a loved one has experienced burn injuries during a Thanksgiving celebration, you might be interested in what legal options are available to you. Here are just a few of the possible legal remedies that may be available to you:

Legal Action for a Personal Injury

If someone else’s carelessness caused your burn injury, you can file an injury claim to pursue compensation for damages. This claim will allow you to pursue compensation for your suffering, missed pay, and medical costs.

Claim for Product Liability

If a deep fryer malfunctioned and caused your burn injury, you may be able to launch a product responsibility claim against the seller or manufacturer.

Demand for Premises Liability

A premises liability lawsuit can be lodged against a property owner if your burn injury happened on someone else’s property, such as in a house fire caused by a careless homeowner.

Gathering Evidence and Documenting Injuries

• Get medical attention immediately, even for minor injuries.
• Keep a symptom notebook and record of all injuries.
• Attend follow-up appointments and abide by your doctor’s orders.
• To gather evidence, take pictures of the accident area and get contact information from any witnesses.
• Keep records of all your medical costs and expenses.
• Hire a skilled personal injury lawyer to learn more about your legal rights and choices.

Seeking Compensation for Damages

You are eligible for compensation if you sustained losses due to a Thanksgiving burn accident caused by someone else’s carelessness. The following types of damages can be pursued:

1. Medical expenses incurred due to the burn injury, such as hospital costs, transportation expenses, and ongoing medical expenses.
2. Lost wages resulting from the burn injury, considering time away from work for healing and medical care.
3. Pain and suffering, such as missed income and medical expenses, long-term effects, and the impact of severe wounds on a person’s psychological and physical wellbeing.
4. Property damage resulting from the burn accident, such as to a home or other personal property.
5. Loss of earning capacity for any future loss of earning potential brought on by the burn injury, i.e., the possibility that the victim won’t return to their old employment or earning potential.

The Benefits of Engaging a Lawyer

Working with an Injury lawyer in Sacramento can prove especially helpful if you have experienced burn injuries. Some of the benefits of hiring a personal injury lawyer include:

• Setting up consultations with expert witnesses, especially those in the medical industry or an accident reconstructionist, to provide information that supports your case.
• Negotiating with insurance companies to secure you fair compensation.
• Representing you in court, if necessary.
• Providing objective opinions on the strength of your case and sharing their extensive legal expertise.
• Providing emotional support by increasing the likelihood that victims will receive fair compensation.

If you have been injured by a burn during a holiday get-together, it is vital that you understand your legal options. Contact us and schedule a time to meet with one of our knowledgeable personal injury attorneys and get the legal guidance you need and the compensation you deserve.