December 2nd, 2019|
Whether you picked it up from a pharmacy with a prescription, or bought it right off the supermarket shelf, you never expect a new medication to cause you to develop a serious illness or other dangerous complication. However, that’s the reality for countless people every year due to defective and dangerous drugs.
Drugs are supposed to be thoroughly tested via multiple rounds of clinical trials before they’re released to the general public. And yet, every year the U.S. Food and Drug Administration (FDA) publicizes recalls of medications that are potentially harmful to patients. There are three primary reasons why this occurs:
- Impurities—Recently, a drug designed to treat high blood pressure and one designed to treat acid reflux were recalled due to containing an impurity that’s linked to cancer. Impurities are often found in medications that are manufactured in non-sterile facilities or in facilities with lax oversight.
- Hidden side effects—Researching and developing a new medication can cost billions of dollars. That means drug companies are desperate to get their products on the market. To do so, they may hide side effects from the FDA to increase their chances of approval.
- Labeling errors—The safety of all medications is dose-dependent. When patients take too much or too little of a medication, they can experience severe complications. Labeling errors can result in patients taking incorrect doses, putting their health and their lives at risk.
At Berg Injury Lawyers, our California drug injury attorneys have helped many people get compensation after suffering medication-related injuries, and we want to help you, too. Contact us today if you or someone you love was harmed by a prescription or OTC medication.
November 25th, 2019|
People who serve in the U.S. Armed Forces are supposed to get a variety of important benefits, including disability benefits, if they suffer an injury or illness that makes them unable to perform their duties while serving their country. But receiving those benefits isn’t automatic by any means. The Veterans Administration (VA) is notorious for denying claims, and winning appeals is also difficult.
At Berg Injury Lawyers, our California veterans disability benefits lawyers have helped many former servicemembers who suffer from health problems that left them unable to complete their duties. If you or someone you love became disabled during military service, it’s important to speak with an experienced veterans disability lawyer about applying for benefits. There are many pitfalls during the application process, and we can help you avoid them.
In addition to building a strong claim for you from the get-go, we can also appeal your claim if it was denied by the VA. The VA denies what should be valid and strong claims all too often, and when that happens, it’s essential to have an experienced law firm on your side who can make a case for why your application should be approved.
Don’t leave the outcome of your initial application or appeal up to chance. The VA has a huge backlog of claims to work through, and getting information or status updates on your benefits can be difficult and time consuming. Our attorneys know how to expedite the process and maximize your chances of approval. Contact us today for a free consultation.
November 25th, 2019|
In recent years, deep frying the Thanksgiving turkey has become the most talked about cooking method, and for plenty of good reasons. Deep frying a turkey keeps the meat succulent and juicy while ensuring a perfectly crispy skin. It also cooks significantly faster than in the oven. However, deep frying a turkey can be extremely dangerous, and anyone who attempts it should always use extreme caution.
According to the U.S. Fire Administration (USFA), more than twice as many fires are started from cooking accidents on Thanksgiving than any other day of the year. Additionally, frying poses the highest risk of fire of any method of cooking.
Based on data gathered between 2014-2016, roughly 2,400 cooking fires occur on residential property every Thanksgiving, causing an average of 5 deaths, 25 injuries, and $19 million in property damage. But if you decide the taste is worth the danger, make sure to keep all potential sources of accident and injury in mind.
Dangers Associated with Deep Fryers
- Deep fryers can tip over and spill dangerously hot oil.
- Overfilling the cooking pot can cause the oil to overflow when the turkey is added.
- Any amount, even a drop, of cooking oil coming in contact with the burner can result in a fire.
- The pot, handle, and lid can become hot enough to cause severe burns.
- Without thermostat controls, deep fryers can overheat the oil and combust.
- Any water that hits the hot oil, even condensation, can cause a spray of flaming oil outward.
If you are interested in learning how to safely deep fry a turkey this year, we want to help. Follow our guide by clicking the image below for tips on how to avoid fires and burn injuries this Thanksgiving when frying a turkey.
Injured on Thanksgiving?
Sometimes accidents are unavoidable, but other times this isn’t true. If you’ve been injured in an accident because someone was behaving negligently and ignored safety measures, you may be eligible to get compensation for your medical expenses.
Even if you were injured at the home of a friend or family member during Thanksgiving dinner, don’t put aside the idea of contacting a lawyer––you still need to pay your bills, and in many cases, your loved one won’t be responsible for paying out of pocket. At Berg Injury Lawyers, our team of California personal injury attorneys work with the at-fault party’s insurance company to help injury victims get the compensation they deserve.
If you’ve been injured through no fault of your own, we want to help you. And when you reach out to us for assistance, your initial consultation is always free.
November 18th, 2019|
If you were bitten by a dog that wasn’t leashed in public or enclosed on private property, you may be eligible for compensation. That’s because cities throughout California have ordinances that require owners keep their dogs leashed or enclosed when others are around, including when they’re in public or when others, such as neighbors and guests, may be nearby. When they fail to do so, they can be held liable if their dogs bite.
Dog bites are serious injuries that can cause victims to suffer severe complications. Dogs have long, sharp teeth, and when they bite, they can puncture deep into the skin and muscle, causing victims to suffer severe wounds that can result in:
- Profuse bleeding—Dog bites can sever veins and arteries, resulting in potentially life-threatening bleeding
- Infection—Contrary to popular belief, dogs’ mouths are full of bacteria. When they bite, their teeth push bacteria into victims’ bloodstreams, creating a risk for local and systemic infection.
- Nerve damage—The size and shape of dogs’ teeth and their bite pressure means they’re capable of damaging skin, muscle, and even nerves when biting, which can result in disability.
At Berg Injury Lawyers, our California dog bite attorneys know how painful, expensive, and traumatic dog bites can be. If you or someone you love was attacked by a dog that wasn’t leashed or enclosed, we want to help you get the money you deserve. Contact us today for a free consultation. We’ve helped injured victims like you for many years, and we know what it takes to win.
November 18th, 2019|
There are endless reasons why you might need to rent a car. You might be traveling for business or on vacation and need a way to get around after you step off the plane. You may temporarily need more space or different features than your own car has, want to avoid adding additional mileage to your personal car on a road trip, or your own car may be in the shop.
Whatever the reason, road accidents are a risk every time you get behind the wheel of a car, even in a rental car. However, getting compensation after an accident in a rental vehicle can be complicated.
What Makes Rental Car Accidents Different?
In any collision, the at-fault party has liability. However, the rental agreement you sign when you rent a car means you are responsible for any damage to the rental car, even if you were not at fault. This is why it’s so important to carefully inspect your rental vehicle for scratches and dents before leaving the lot.
After an accident caused by someone else, you will be required to pay your insurance deductible directly to the rental company, and then your insurance company will go after the at-fault party for the remainder.
Additionally, you may be responsible for paying “loss of use” fees for every day the rental vehicle is being repaired to compensate the rental company for the profit they’ve lost.
Finally, the rental company may not wait until the insurance matter is settled and charge you for the damages right away. If this happens, you will need to deal with the at-fault party’s insurance directly to get reimbursed.
What Steps to Take After an Accident in a Rental Car
Many of the initial steps you will need to take after an accident in a rental car are the same as those you would take immediately after a car accident in your own car.
Follow these steps after a car accident:
- Exchange contact information with the other driver.
- Take pictures of the scene of the accident.
- Make a police report.
- Notify your insurance provider.
- Seek medical attention.
However, unlike in most auto accidents, compensation could come from several sources, or none at all, and not all of your expenses may be covered. That’s why two additional steps must be added to the checklist.
- Notify your rental company.
- Contact a lawyer.
Determine What Type of Coverage You Have
There are three main sources of insurance coverage available for rental car accident claims.
- Your Personal Insurance: Nearly every state in the U.S. requires drivers to carry auto insurance in order to legally operate a vehicle, even if minimum coverage amounts vary. Most personal insurance policies will also cover accidents that take place in a rental car, but make sure to read the fine print. Some rentals may be excluded, such as exotics or trucks.
- Insurance Provided by Your Credit Card: Most major credit cards offer rental car insurance as a perk when you make the entire payment for the rental on the card. However, this is often collision insurance only, and won’t cover any medical expenses. Additionally, it may be secondary insurance, which means it only kicks in for what your personal insurance doesn’t pay, such as your deductible.
- Supplementary Insurance Provided by the Rental Company: When you rent a car, you will be offered additional insurance for purchase at the counter.
What Type of Coverage is Available from the Rental Company?
The most common type of supplementary insurance provided by the rental company is collision insurance, but there are four major types of insurance you can purchase at the time you make a rental.
- Collision Damage Waiver: This absolves the renter of responsibility for damage to or theft of the rental, except as the result of reckless driving or if the damage occurred while someone other than renter was driving.
- Liability Coverage: This covers property damage and medical expenses incurred by individuals other than the renter after a car accident in which the renter was at fault.
- Personal Accident Insurance: This covers medical expenses of the renter and any of the renter’s passengers.
- Personal Effects Coverage: This covers lost or damaged personal property kept in the rental vehicle.
What if I Was Hit By Someone Driving a Rental Car?
If you were hit by someone in a rental car, you will not be able to sue the rental company for any damage or medical expenses–federal law protects rental car companies from liability in situations like this.
Exchange information with the other driver and learn what insurance they may have. You may need to use your own insurance, through uninsured or underinsured coverage, to recover your medical expenses. A personal injury lawyer experienced with these types of cases will be best suited to help you learn what you need to do to get compensation.
Get Help Today
When there are multiple potential sources of compensation for an accident, filing a claim for your expenses after an accident that wasn’t your fault can be frustrating. Contact the car accident attorneys at Berg Injury Lawyers today for a free consultation on your case.
November 11th, 2019|
At Berg Injury Lawyers, it’s our goal to help people who have been injured because of other people’s or parties’ negligence. And while most of the claims we build are for people who suffered serious injuries, we also build claims for the surviving loved ones of victims of fatal accidents.
When someone dies as a result of others’ negligence, their family members can pursue compensation via a wrongful death claim—and it’s our job to provide them the legal representation they need.
There are many types of accidents and injuries that can result in wrongful deaths. However, our California wrongful death lawyers know that certain accident types are more likely to result in deaths than others, including:
- Auto accidents—Wrongful deaths can occur when drivers break the rules of the road. Whether they’re speeding, driving while impaired, driving while intoxicated, or running red lights, negligent drivers can cause serious and even fatal injuries to others.
- Motorcycle accidents—Motorcyclists are vulnerable on California’s roadways. Their only protection comes from their riding gear, and it’s not always enough to prevent serious injuries. When other drivers fail to look out for motorcyclists, they can cause fatal accidents.
- Truck accidents—The trucking industry is strictly regulated and governed in the U.S. The Federal Motor Carrier Safety Administration has its own bylaws that truck drivers, companies, and owners must abide by. When they fail to abide by those rules, fatal crashes can occur.
If your loved one was killed in an accident that wasn’t their fault, you may be eligible to get compensation for medical bills, lost wages, loss of companionship, and more. Contact us today for a free consultation.
November 11th, 2019|
Whether it’s due to their advanced age or health problems that can’t be managed without dedicated care, making the decision to move your loved one into a nursing home can be extremely difficult for both them and for you. They may be reluctant to give up their freedom and independence, while you may be worried about the level of care and attention they’ll receive. Sadly, the latter is a valid concern for many families when their loved ones move into nursing facilities—especially when those facilities value profits over resident safety and health.
Elder abuse and neglect are more common than you might think, especially in nursing homes. Furthermore, they’re often underreported. An alert issued by the Office of Inspector General at the Department of Health and Human Services in August 2017 indicated than more than a quarter of serious nursing home abuse cases aren’t reported to police. Many victims are either unable to report the abuse they suffer, or they’re intimidated into remaining silent by their abusers.
What Are The Most Common Types of Nursing Home Abuse and Neglect?
Although nursing home residents can be abused or neglected in many different ways, there are a few common types that are often seen among victims:
Common types of abuse
- Physical abuse—Just as the phrase implies, physical abuse involves residents being physically harmed by nursing home staff members or even other residents. It can include physical contact such as hitting, shoving, biting, slapping, shaking, burning, the use of physical restraints, and even forced feeding. Signs of physical abuse may include bruising, bleeding, open wounds, broken bones, burns, and more.
- Sexual abuse—Nursing home residents also may be at risk of sexual abuse, including unwanted touching, sexual assault, and rape. Signs of sexual assault include unexplained sexually transmitted diseases, bruises on or around the genitals, bleeding, and torn, soiled, or stained underwear and clothing.
- Emotional and psychological abuse—Residents don’t have to be physically touched or harmed to be abused. Types of emotional and psychological abuse include residents being yelled at, insulted, threatened, humiliated, or made to feel unwanted. When nursing homes residents are emotionally abused, they may become withdrawn, anxious, depressed, or even develop dementia-like symptoms.
- Financial abuse—Whether it’s personal property that’s stored in their rooms, or personal assets stored in bank accounts, stock portfolios, or real estate investments, nursing home residents may have their possessions taken from them by staff. Examples include petty theft of personal possessions, using residents’ debit and credit cards, forging residents’ signatures, or forcing residents to sign unwanted contracts.
Common types of neglect
- Lack of access to basic requirements—Nursing home residents should have easy and convenient access to water, food, clothing, shelter, medication, hygiene products, baths, and a bed. When any of those requirements are restricted or taken away, it can result in serious physical and mental health problems, including malnutrition, dehydration, worsening of health problems, contraction of illnesses, and more.
- Abandonment—Many nursing home residents depend on caretakers for most, if not all, of their daily tasks. When the staff members or caretakers who are in charge of their wellbeing leave them on their own, whether it’s in the nursing home, hospital, or a public place, they are considered victims of abandonment, which can be life threatening—especially for residents who require close monitoring and frequent medication dosages.
Suspect Your Loved One is Being Abused or Neglected? Call Today.
When it comes to detecting nursing home abuse and neglect, it’s important to trust your instincts and to check on your loved one frequently. Abuse and neglect aren’t always obvious, but there can be tell-tale signs when residents aren’t being treated properly while living in nursing homes. If you suspect abuse or neglect, contact the team at Berg Injury Lawyers right away.
A California nursing home abuse lawyer can collect evidence that proves your loved one’s rights were violated by the nursing home, as well as determine how much money your family is owed for what you’ve been through. Potential compensation can include everything from lost assets and medical bills to relocation costs and compensation for pain and suffering.
The sooner you contact a lawyer about your loved one’s mistreatment at their nursing home, the better. It’s our goal to help victims of negligence get successful resolution, and that means doing everything in our power to help you get the resources you need to put this difficult time behind you. Contact our firm today for a free consultation. We’re available to speak with you about your claim 24 hours a day, 7 days a week.
November 4th, 2019|
Whether it’s a medical device that was surgically implanted into your body, or a consumer product you purchased at the supermarket, you expect items manufactured by big corporations to be safe and thoroughly tested before going on sale for use by the public. However, that’s not always the case. To protect their profits and their sales, some product manufacturers have lax testing procedures, or they hide known flaws to get or keep their products on the market.
At Berg Injury Lawyers, our California defective product attorneys know that some products can be dangerous to the people who use them—especially when they aren’t properly tested. Defective products can range from toys contaminated with lead to exploding e-cigarettes to improperly designed medical implants and joint replacements that break down inside the body.
If you or someone you love suffered serious injuries because of a defective product, it’s important to get an experienced law firm on your side as soon as possible. Product manufacturers are reluctant to admit fault when their products cause harm to innocent people, and they often have big legal teams to intimidate victims into silence. But our lawyers know their tricks, and we know how to beat them at their own game.
You shouldn’t have to suffer because a multi-billion-dollar corporation valued profits over safety. Instead, you should get paid for your medical bills, lost wages, and pain and suffering—and it’s our goal to help you get the compensation you deserve. Contact us today for a free consultation.
November 4th, 2019|
Football season is in full swing, and that means the renewal of friendly sports rivalries, and plenty of tailgating. And while tailgating before a game is a great way to spend time with friends, family, and fellow fans, it can turn dangerous if you’re not prepared for potential emergencies.
At Berg Injury Lawyers, we’re all too familiar with unforeseen accidents and injuries. And while we’re dedicated to helping victims of accidents get the legal representation they deserve, we’re firm believers that preventing accidents in the first place whenever possible is the best way to go.
Check out the infographic below to find out how you can protect yourself, your tailgate guests, and others around you this football season.
Injured at a Tailgate? You May Be Eligible for Compensation.
Unfortunately, not everyone is always safety conscious when tailgating outside the stadium. When other tailgaters are negligent, they can put you and your guests in danger. Injury-causing accidents include everything from pedestrian accidents and vehicle crashes to grill fires and even explosions.
The injuries associated with tailgate accidents can be devastating, and victims often need expensive medical care, including emergency surgery, prolonged stays in the hospital, and long periods of physical rehabilitation. To make matters worse, they may be unable to work while they’re recovering from their injuries.
Getting compensation after a tailgate accident isn’t easy. It can be difficult to prove who was at fault and determining that a specific person or multiple parties were negligent often requires significant proof. Having a lawyer on your side can help you build a claim that maximizes your chances of getting compensation.
Our Legal Team Is on Your Side
At Berg Injury Lawyers, our California personal injury attorneys help people who have been hurt through no fault of their own—including at tailgate parties. Your injuries are serious, and the last thing you want to deal with is an uncooperative fellow tailgater and their insurance company denying responsibility. You need time to recover and focus on your family—not dealing with an endless back and forth with a claims adjuster.
That’s where we come in. We have decades of experience fighting for the rights of injured Californians, and we know what it takes to win all types of injury cases. Contact us today for a free consultation of your claim. There’s no obligation, and we’re available to take your call 24/7. Best of all, our No Fee Guarantee® means you don’t owe us anything unless we get money for you!
October 28th, 2019|
Throughout your career, you’ve likely had a significant amount of money taken from your paychecks by the Social Security Administration (SSA). That money is supposed to be reserved for retirement or if you suffer an illness or injury that prevents you from working. And while getting retirement benefits is often a straightforward process, getting Social Security Disability benefits is not.
The SSA has strict criteria for the disability benefits claims it reviews, and many are denied. The administration denies claims for many reasons, including waiting too long to apply, submitting incomplete or missing paperwork, not following doctor’s orders, and more. The application process is time consuming, and denials only add to the amount of time that injured victims must wait for the money they need to get by.
At Berg Injury Lawyers, our California Social Security Disability lawyers know how important these benefits are for people who have been injured or developed illnesses that prevent them from working. Not having a steady income can be disastrous for you and your loved ones, and we believe that you shouldn’t have to worry about your future because of the SSA’s confusing and strict processes.
Don’t let your claim get denied because of a small mistake or oversight. When you contact our legal team, we’ll review and submit your application while ensuring that it’s accurate, complete, and fulfills all the SSA’s requirements. Contact us today for a free consultation.