What Happens if I Reject an Insurance Company’s Settlement Offer?

by Staff | October 7th, 2024

If you suffer a personal injury due to another party’s negligence, you may be entitled to compensation in California. The negligent party’s insurance company may contact you with a lowball settlement offer. They do this to avoid paying out maximum compensation, hoping you will accept rather than seek damages in court. You have the right to refuse a settlement offer if you believe it’s not a fair amount.

Learn what happens when you reject an insurance company’s offer and why working with a skilled attorney can increase the compensation you receive.

Why Are You Receiving a Settlement Offer?

After an accident, each party files a report with their insurance company. As part of the process, each insurance company assesses the incident to determine three factors:

• Damages: The costs of the incurred damage
• Liability: Who is responsible for the incident
• Terms of the Insurance Policy: What is covered by the policy

Insurance companies only make settlement offers on claims where their policyholders are liable for accidents.

The Insurance Company’s Tactics Explained

Insurance companies often try several tactics to minimize payouts. Knowing these strategies can help you avoid settling for less than you deserve.

Lowball Settlement Offers

The first offer is usually lower than what you deserve, aimed at getting you to settle before you can fully assess your expenses.

Pressuring Victims to Settle Quickly

Adjusters may also push you to accept an offer before you complete medical treatment, claiming it’s in your best interest to settle early.

Using Recorded Statements Against You

Insurance companies may ask for a recorded statement to twist your words or find inconsistencies to reduce their liability.

Disputing Liability

Even when fault seems clear, insurance companies may try to shift blame to reduce their responsibility.

Delaying the Claims Process

Delays are common, as insurance companies know financial strain may push you to settle for less.

Undervaluing Non-Economic Damages

Adjusters often downplay pain, suffering, or emotional distress, focusing only on tangible costs like medical bills.

What Happens if You Accept the Offer?

When you accept an insurance settlement, you may be settling for a portion of what you’re entitled to through a personal injury lawsuit. Accepting a settlement offer closes off all other compensation options and terminates your rights to seek damages in the future.

After accepting the offer, your attorney receives the settlement funds and gives them to you after deducting their fee and other associated costs such as medical bills and case expenses.

What Happens if You Reject the Insurance Settlement?

If you reject the insurance settlement, you retain your right to seek full damages through the legal system. Rejecting the settlement protects your rights to maximum compensation under California personal injury law and allows you to fight for a fair settlement that covers your medical expenses. It can also compensate you for the psychological and emotional damages you incurred.

When you decide to reject the initial settlement offer, your attorney can respond with a demand letter. You’ll ask for more than the amount the company offered and wait for a response with an adjusted settlement offer.

When Should You Reject a Settlement?

Knowing whether to reject an insurance company settlement may be difficult. This decision is best made with the help of a team of skilled Sacramento personal injury lawyers. A lawyer can assess your case and determine if the settlement the insurance company is offering is fair or whether further negotiation or legal action is in your best interest.

An experienced personal injury attorney with Berg Injury Lawyers can help you better understand how much your claim is entitled to under California law. Damages in a personal injury case can include:

• Lost wages
• Medical expenses
• Property damage
• Lost benefits
• Pain and suffering
• Loss of enjoyment of life
• Loss of companionship or consortium

In California, there are no caps on economic or non-economic damages in personal injury cases. This means that you may be entitled to a much higher settlement than the insurance company is offering with the proper legal counsel.

How Pure Comparative Negligence Affects Your Settlement

A knowledgeable personal injury attorney at Berg Injury Lawyers can also help you navigate the complex legal terrain surrounding pure comparative negligence.

Pure comparative negligence allows you to receive compensation based on your percentage of responsibility in causing the accident. For example, you may receive 10% of possible damages if you are 90% responsible for an accident, or you can receive 99% of allowable damages if you are only 1% responsible.

When you work with a skilled attorney, they can navigate these complexities to hold the other party responsible and increase your awarded amount. Proving they are more at fault for the accident than you can mean a much higher settlement value for your case.

Schedule Your Free Consultation Today

After suffering a personal injury, seek legal counsel as soon as possible to avoid being taken advantage of by unfair insurance settlement offers. Work with Berg Injury Lawyers to protect your rights and fight for a fair settlement from the liable party. Our legal team can seek maximum compensation for your injuries so you can get back on your feet rather than settle for less than you deserve. Contact Berg Injury Lawyers today for a free consultation to review your case.

Originally published January 31st, 2022.

How Do Attorneys Prove Psychological Suffering?

by Staff | June 17th, 2024

Psychological trauma refers to the mental anguish that one party inflicts on another. There is usually no legal standing to file a lawsuit for causing exclusively psychological trauma, but it is often an important part of personal injury lawsuits. If you have suffered psychological trauma alongside injuries in an accident caused by someone else’s negligence, consider enlisting the services of lawyers to help you get compensation. 

WHAT IS PSYCHOLOGICAL SUFFERING?

Injuries can subject a victim to two types of pain: emotional pain and physical pain. Therefore, in a personal injury lawsuit, the negligent party can be liable for both mental and physical injury. While physical injuries are typically easy to prove and quantify, mental suffering can be more difficult. 

If you intend to file a case for psychological suffering, your lawyer must prove that the level of trauma meets the legal threshold for mental anguish. You need to provide sufficient evidence to show that you suffered severe mental trauma with lasting detrimental effects. 

California recognizes instances of mental anguish caused by a negligent party. The court awards damages for non-economic damages caused by the defendant willingly, unwillingly, or through negligence. In this case, non-economic damages refer to non-monetary losses such as emotional distress, humiliation, loss of society and companionship, mental suffering, pain, suffering, injury to reputation, and loss of consortium due to an accident and physical injury.  

HOW WILL AN ATTORNEY PROVE PSYCHOLOGICAL SUFFERING?

If you are considering filing for psychological trauma in a personal injury lawsuit, here are a few ways that your attorney can help prove your claim.

THE INTENSITY OF YOUR MENTAL TRAUMA

Your lawyer will gather evidence to prove to the court that your condition is severe. The severity of mental suffering is evident if it manifests in conditions like PTSD, depression, or acute anxiety. A record showing any of these conditions can help strengthen your case.

EVIDENCE OF TREATMENT BY A PHYSICIAN

If you have sought treatment for your condition from a licensed physician, your attorney can provide this evidence in court. The evidence of treatment strengthens your claim, and you are more likely to receive compensation. Provide your lawyer with medical records that show doctor visits, prescriptions, and any other appropriate documents showing medical intervention. If possible, your physician can provide testimony during a hearing to further support your claim. 

DURATION OF THE SYMPTOMS

The longer you suffer from the symptoms of mental distress, the more likely the court will consider your condition to be severe. You must provide your lawyer with all records of doctor visits from the time your psychological suffering began to reflect the extent of your condition.

PHYSICAL Symptoms

Your lawyer will provide evidence showing the physical manifestation of your mental trauma. A physical injury is a more tangible measure of your suffering for the jury to assess.

The lawyer may gather information from friends, family, and colleagues to ascertain any changes in your personality. Physical manifestations of mental trauma include insomnia, body aches, extreme alertness, edginess, social isolation and withdrawal, loss of memory, and disorientation. 

EVIDENCE COLLECTION FOR PSYCHOLOGICAL SUFFERING

There are several types of evidence your lawyer can present that support your claim, including expert witnesses, documentation, and physical evidence.

EXPERT WITNESS TESTIMONY

Psychologists and psychiatrists can provide professional opinions on the extent and impact of the accident victim’s mental anguish. They can evaluate the victim’s mental state through clinical assessments and diagnostic tools, and their testimony can lend significant weight to the case. They can explain complex psychological conditions to the court, making it easier for judges and juries to understand the severity and legitimacy of the victim’s suffering.

DOCUMENTATION

Detailed documentation is essential in proving psychological suffering. Victims should keep thorough records of their experiences, symptoms, and treatments. This documentation can include:

• Medical Records: Detailed records from mental health professionals—including diagnoses, treatment plans, therapy notes, and prescriptions—can show that the victim sought help and followed prescribed treatments. Medical exams can also highlight challenges the victim is facing, such as weight loss, insomnia, or other health issues.
• Personal Journals: Victims can keep personal journals where they record their daily emotional and psychological experiences. These journals can provide a firsthand account of the accident victim’s suffering and its impact on their life.
• Employer Statements: Statements from employers can back up claims of decreased work performance or inability to work due to psychological trauma. These statements can highlight changes in the victim’s behavior, work attendance, and overall job performance.
• Testimonies from Friends and Family: Testimonies from those close to the victim can offer additional perspectives on the changes in the victim’s mental state and behavior since the accident. Friends and family members can provide valuable insights into how the trauma has affected the victim’s relationships, daily activities, and overall well-being.

DO YOU NEED A PERSONAL INJURY LAWYER?

If you are considering filing a psychological trauma case, a personal injury lawyer can support you through the process. An attorney can help you put together the required proof and present it in court in an organized manner. Our team can talk to you about your rights and help you navigate the California legal system. If you are looking for a law firm to help you file a claim, contact Berg Injury Lawyers today for a free consultation regarding your case.

Originally published September 27th, 2021.

Can an Attorney Subpoena Text Messages in a Personal Injury Lawsuit?

by Staff | May 17th, 2024

Phone companies keep billing and call detail records. If evidence exists that these documents contain relevant information, your lawyer can subpoena these records during the discovery phase of a personal injury lawsuit. This information could prove, for example, whether a driver sent or received text messages at the time of the accident, violating California law about texting while driving.

Federal law requires phone companies to protect their users’ data, requiring subpoenas or court orders to release the information. You can’t obtain them otherwise. Hiring an attorney from Berg Injury Lawyers to request and review these records gives you the best chance to get the evidence you need to recover a fair settlement in a personal injury lawsuit.

WHAT ARE THE PHONE PRIVACY LAWS?

Due to data brokers’ fraudulent acquisition of phone users’ data, the federal government passed several laws regulating consumer privacy protection. These laws protect records held by mobile phone companies, including usage data.

The Telephone Records and Privacy Protection Act and the Communications Act require customer approval, a subpoena, or a court order to obtain this information.

Additionally, requests must be made to the service provider before they purge the records. This means if you wait too long to file your lawsuit, these records may no longer exist.

Companies differ in how long they retain records. Federal law requires carriers to retain billing information for 18 months, and the federal government also requires companies to preserve these records while awaiting court orders.

TYPES OF PHONE RECORDS

Call detail records, or CDR, have the following information:

• The time of the call or text
• The receiving or sending number
• Whether the call went to voicemail
• Duration of the conversation
• Location of the phone at the time

Phone bills only provide information on billable services, and call data times are not precise. Text messages and unanswered outgoing calls will not appear. This is why it’s important to request call detail records rather than billing details.

OBTAINING PHONE RECORDS

Several state court decisions have affected how to subpoena phone records in civil cases. In Ortiz v Amazon.com, a judge ordered the plaintiff to provide their cell phone records under a court order. However, the plaintiff failed to provide them since the cell phone account was under his wife’s name. The judge then ordered the plaintiff to submit their name and address for the defendant to subpoena the cell phone records from them.

Phone records and text message records must come from the service provider instead of a user’s cell phone. Depending on the phone company’s policy, these records may include the content of the messages or only the time, date, and location from which the messages were sent or received.

WHEN YOU SHOULD TALK TO AN ATTORNEY TO OBTAIN CELL PHONE RECORDS

An attorney can investigate cell phone records to help prove negligence in a crash. Your lawyer can take steps to ensure the phone company preserves the records you need and make test calls to determine the time difference between the device and the 9-1-1 reports.

To obtain the content of the text messages, your lawyer may request a different type of record if the company also keeps that information. Your attorney should request the driver’s text messages as soon as possible after the accident if they believe you need those records.

HOW CAN YOUR LAWYER USE PHONE RECORDS?

Cell phone data from the company that shows a driver sent or received a text at the time of an accident can help prove driver negligence. However, these records can’t prove the driver was holding their phone at the time to take a voice call, rather than using a hands-free function. This is where witness testimony may come in, if someone saw the other driver on their phone.

If records show the driver was texting at the time of the accident, your attorney may ask for a negligence per se jury instruction. Negligence per se means the driver’s texting constitutes negligence because it violates laws designed to keep drivers safe.

Your lawyer might make test calls to account for any deviation between CDRs and the logs from the 9-1-1 system. These discrepancies could otherwise lead a jury to conclude that the messaging didn’t occur at the time of the wreck.

WHAT ARE THE CHALLENGES OF USING CDRS?

While CDRs show incoming and outgoing text messages, they don’t prove whether the user interacted with the phone at that time. Some smartphone applications can automatically respond to incoming texts while in the car. Your personal injury lawyer can hire experts to examine this data and help discover evidence of negligence.

HIRE AN EXPERIENCED CAR CRASH LAWYER

Our car accident lawyers at Berg Injury Lawyers can help prove negligence in your case by obtaining cell phone on your behalf. We can take steps to ensure we gather proper evidence, from cell phone records and more, during the discovery phase of your case. We fight vigorously for your right to fair compensation and have represented victims of negligence since 1981. Contact us to schedule a free case review today and let us help you establish your claim by subpoenaing phone records of the at-fault party.

Originally published July 11, 2022.

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.

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.

How are Pedestrian Accidents Handled in California?

by Staff Blogger | July 17th, 2023

California, home to sprawling cities and bustling traffic, has a high rate of pedestrian accidents. From 2020 to 2021, pedestrian fatalities increased by 9.4%, from 1,013 to 1,108. This is largely due to its heavy traffic, urban congestion, and the increasing interaction between vehicles and pedestrians.

Pedestrian deaths are most common at night in urban areas and on roads far from intersections, where vehicles often travel at higher speeds. These incidents are often due to hit-and-run accidents, incidents at crosswalks, and collisions caused by distracted or impaired driving.

Understanding how pedestrian accidents are handled in California and having an attorney from Berg Injury Lawyers on your side can help you protect your rights and receive restitution for your injuries.

Common Pedestrian Accident Injuries

Pedestrians often suffer life-altering injuries after an accident with a vehicle. Injuries can require surgery, rehabilitation services, and long-term assisted care. 

• Broken bones: Pedestrians in vehicle accidents can suffer fractures in limbs, hips, and pelvis due to the impact force. This can lead to pain, months-long recovery, and complications, such as permanent disfigurement or disability.
• Traumatic brain injuries (TBIs): Pedestrians struck by vehicles can experience severe head injuries. TBIs can result in cognitive impairments, memory loss, and negative impacts on relationships and quality of life.
• Spinal cord damage: Pedestrian accidents can cause spinal cord injuries (SCIs), leading to partial or complete paralysis. SCIs can result in ongoing medical treatment, assistive devices, and major lifestyle adjustments.

Role of Comparative Negligence in Pedestrian Accidents

In California, pedestrians have the right of way in most situations. Drivers are expected to exercise caution and yield to pedestrians at marked crosswalks and intersections. If a pedestrian is struck by a motor vehicle, the driver is usually deemed at fault.

However, under California’s pure comparative negligence doctrine, all parties may bear some responsibility in an accident. If pedestrians act recklessly or move against traffic signals, they may be partially liable for their injuries, impacting the compensation they receive.

California previously considered jaywalking a citable offense for pedestrians. While the newly passed Freedom to Walk Bill makes it legal for pedestrians to cross outside a marked crosswalk or intersection, it still requires them to use reasonable care.

If you are on your phone when crossing the street, which causes you to ignore traffic and abruptly step out in front of a car, you may be partially responsible for your injuries under pure comparative negligence. In this situation, you could still win compensation, but your percentage of fault will reduce your settlement.

Immediate Actions: What to Do After a Pedestrian Accident

If you are in a pedestrian accident, you can protect your rights by taking action. Receiving medical attention, reporting the incident, and documenting your injuries can provide evidence for your attorney to determine fault and support your compensation claim.

• Seek immediate medical care: Contact emergency services or visit the nearest hospital immediately after the accident. Even minor injuries can worsen without treatment; seeing a medical provider allows you to receive appropriate care to prevent complications. It also provides documentation of your injuries, such as medical records, diagnoses, prescriptions, and receipts for medical expenses for your claim.
• Report the incident to police: Contact the local police department to report the accident. Provide them with accurate and detailed information about the incident, including the date, time, and location. This provides an official record of the incident, which you and your attorney can request a copy to use as evidence for your case.
• Document the incident: Take photographs of the accident scene from different angles, capturing the position of the vehicle involved and the apparent damage. Document your injuries, including cuts, bruises, and any visible marks. Obtain contact information from witnesses who saw the accident and share it with your attorney, who can contact them for an official statement.

The Value of Legal Representation in Pedestrian Accidents

In cases involving accidents between pedestrians and vehicles, the role of a personal injury attorney is crucial. A skilled attorney specializing in pedestrian accident cases can uphold your rights and help you receive the compensation you deserve.

Our California personal injury lawyers have the experience and resources to navigate the state’s pure comparative fault doctrine and prove that a negligent driver is liable for your injuries. We will investigate the accident thoroughly, gather evidence, and negotiate with insurance companies to get you a fair settlement.

If you were injured in a pedestrian accident in California, contact our skilled legal team today to schedule a free consultation. We can review your case and help you get started on your claim.

How Earthquakes Can Impact Personal Injury Claims in California

by Staff Blogger | July 3rd, 2023

California experiences two to three earthquakes of a magnitude of 5.5 or above every year, damaging buildings and causing injuries. If you are hurt in an earthquake due to a property owner’s negligence, you may be able to seek compensation to help you pay for your related expenses.

At Berg Injury Lawyers, our California earthquake damage lawyers can review the circumstances of your case and help you determine if you can file for compensation for your injuries.

Earthquakes and Personal Injury Law: A Shaky Relationship

In California, a property owner isn’t liable for damages caused by natural disasters and what insurance companies call “Acts of God.” However, building owners are still responsible for ensuring the safety of their properties and taking necessary precautions to minimize the risk of harm during these events.

When a property owner fails to update their premises or install standard earthquake prevention measures, they can be liable for injuries that result. For example, in the years following the 1971 San Fernando earthquake, California passed several earthquake building codes to regulate the construction of homes and commercial buildings near active fault zones.

For instance, a property owner must post earthquake-risk notices if their building has unreinforced load-bearing masonry walls and is in Zone 4, an area prone to earthquakes. They also have five years to address the vulnerabilities in the masonry walls of their buildings.

However, many business owners fail to maintain compliance with retrofitting older structures according to seismic building codes. Code violations and poor construction can result in deaths and injuries from earthquakes.

In a 2010 appeal, building owners were found negligent in the deaths of two salespeople attempting to leave the building during an earthquake. An inspection report revealed deficiencies in the building, but the owners failed to complete seismic retrofitting before the quake.

What Are the Possible Injuries During an Earthquake?

Many people suffer severe emotional and physical injuries from earthquakes. Most injuries result from building collapses, fires, debris, and chemical spills. These injuries range from minor cuts and bruises to severe fractures, crush injuries, and burns.

Earthquake survivors may suffer from airway blockages and suffocation due to the dust and debris generated by building collapses. They may also experience post-traumatic stress syndrome and major depression from emotional distress during the earthquake.

An attorney from Berg Injury Lawyers can help establish liability if you believe a building owner’s wrongful actions caused your injuries. We can investigate building code violations and inadequate safety measures through maintenance reports and understand if their negligence contributed to your injuries. Our team can also help you explore your legal options, including filing a lawsuit against the owner.

Can You File a Claim With the Property Owner’s Earthquake Insurance Coverage?

Earthquake insurance covers repairing or rebuilding damaged structures and replacing damaged belongings resulting from earthquakes. It helps policyholders recover financially from the physical damage caused by seismic events. It also pays for additional living expenses, including temporary housing, incurred during repairs or relocation.

Earthquake insurance primarily covers property damage but does not typically cover injuries to individuals or others due to earthquakes. However, if the owner caused your injury through their negligence in caring for their building, you can file a personal injury claim against them.

Special Considerations for Earthquake-Related Injury Claims

When pursuing a personal injury claim related to an earthquake, an experienced attorney familiar with these cases assesses fault based on factors like the property owner’s lack of compliance with maintenance standards. They will also consider California’s pure comparative fault system, which assigns fault percentages to all parties involved, including the injured party.

Even if you are primarily responsible for your injuries, you are entitled to compensation caused by someone else’s negligence. For instance, if you are 20% responsible for your earthquake-related injuries, you can recover 80% of the damages.

A skilled attorney with Berg Injury Lawyers can present a strong case on your behalf. We will investigate your earthquake injuries and seek compensation for medical expenses, pain and suffering, lost wages, and other damages.

Explore Compensation Options for Your Earthquake-Related Injuries

Property owners should prioritize building safety and retrofitting in case of a devastating earthquake. California earthquake damage lawyers at Berg Injury Lawyers understand the impact earthquakes can have on your well-being and can help you seek damages if a negligent property owner contributed to your injuries.

We have a proven track record of successfully recovering millions of dollars for our clients over the past four decades. Contact our law office today for a free consultation and learn your rights and options after an earthquake-related personal injury.

Understanding the Duty of Care for Pool Owners in California

by Staff Blogger | June 26th, 2023

Swimming pools are a popular feature in many California homes and commercial establishments, offering a refreshing and enjoyable way to escape the heat. However, owning a pool comes with responsibilities, particularly in ensuring the safety of those who use it.

When pool owners fail to inspect, identify, and fix potential hazards or warn of them, they can be held responsible for damages in a premises liability claim. Understanding your responsibilities as a pool owner can keep your guests safe and avoid costly financial and legal repercussions.

Premises Liability for Pool Owners

In California, pool owners are subject to premises liability laws. These laws hold property owners responsible for ensuring the safety of anyone who enters their property. For pool owners, this means taking reasonable precautions to prevent accidents and injuries in and around the pool area, including the following:

• Installing and Maintaining Safety Barriers

One of the primary ways pool owners can fulfill their duty of care is by installing and maintaining safety barriers around the pool. This includes fencing at least 60” high, with self-closing and self-latching gates for residential pools. These barriers should be designed to prevent small children from accessing the pool unsupervised, reducing the risk of drowning accidents.

• Removing Hazards From the Pool and Surrounding Area

Pool owners should also remove any hazards in the pool area that could cause injuries. This includes ensuring the pool deck is free of slippery surfaces or objects that could cause someone to trip and fall. Owners should also have properly installed and maintained electrical equipment, such as pool lights or pumps, to prevent electrocution hazards.

• Providing Appropriate Safety Equipment

Pool owners should provide appropriate safety equipment for visitors to use while swimming. This can include life preservers such as vests, flotation devices, and rescue equipment like poles and hooks. For public pools, this can also include providing adequately trained staff to administer first aid, cardiopulmonary resuscitation, and swimmer supervision.

Consequences of Not Maintaining Pool Safety for Visitors

Failing to maintain a safe pool environment can have serious consequences for pool owners. These include civil liability for injury or death to pool visitors, potential fines, and criminal charges.

• Liability for Injuries

If a guest is injured due to the pool owner’s negligence, the owner may be held legally responsible for any damages. This can include medical bills, lost wages, and pain and suffering. For example, if a pool guest suffers a slip and fall injury due to an uneven surface, they can file a compensation claim against the owner. Pool owners may also be liable for wrongful death claims if a visitor drowns or suffers a fatal injury due to unsafe pool conditions.

• Potential Fines and Criminal Charges

In addition to civil liability, pool owners who do not maintain a safe environment may face fines or criminal charges under gross or criminal negligence. This can occur if the pool owner knowingly violates safety regulations or their negligence leads to serious injury or death.

Tips for Maintaining a Safe Environment for Pool Visitors

To minimize the risk of accidents and legal liability, pool owners can take the following steps:

• Implementing Safety Policies and Procedures

Establishing clear safety policies and procedures for pool use can help prevent accidents and create a safer environment for all visitors. Owners should develop rules and guidelines regarding pool access, children’s supervision, and safety equipment use.

• Conducting Regular Safety Inspections

Conduct regular inspections of the pool area to identify and address potential hazards. Check the integrity of safety barriers, ensure proper electrical equipment functioning, and assess the pool deck’s condition.

• Providing Proper Training to Pool Staff

If the pool is part of a commercial establishment, all staff members must receive proper training in pool safety and emergency response. This can help prevent accidents and ensure staff are prepared to handle emergency medical situations.

Get Legal Help if You Were Injured in a Pool Accident

If you or someone you know has been injured in a pool-related accident, speak with an attorney from Berg Injury Lawyers to help you understand your options for compensation. Our California pool accident lawyers can investigate the incident to determine if a pool owner failed to maintain their duty of care, resulting in your injuries. We can hold an irresponsible pool owner liable for your damages and get a fair settlement to help you recover. Contact our team today for a free consultation.

How Long Does It Take to Get a Settlement Check?

by Staff | May 17th, 2023

Originally published June 21, 2021.

If your legal team has finally reached a settlement regarding your personal injury case, you are probably eager to receive the funds, pay your bills, and move on with your life. It may have taken a while for the defendant’s insurance company to agree to the settlement amount, so the idea of waiting any more time is unappealing.

Here’s what you need to know about the settlement process.

THE SETTLEMENT PROCESS

How long does it take to get a settlement check? The answer depends on the various processing steps and payments (such as liens) required, but in most cases, you can expect to receive your funds in about six weeks. Knowing the steps that go into processing your settlement check can help you understand why it takes so long to receive it.

SIGNING RELEASE FORMS

The first step in receiving your settlement is to sign the appropriate release documents. These documents release the defendant and their insurance company from any further lawsuits or legal action in the case.

Depending on the terms of your settlement, your release forms may be simple or full of conditions. Go over them carefully with your lawyer to make sure you agree to all stipulations. In some cases, your legal team may wish to negotiate further on the settlement before releasing the claim. This can delay your payment further. However, it’s better to wait a little longer than to accept terms you disagree with.

INSURANCE COMPANY PROCESSING

The next step is for the defendant’s insurance company to receive your release papers and sign them. Then, the insurance company processes your payment. Payment processing does not typically take too long, but with larger settlements, the insurance company may drag out the process. Once the check is issued, the insurance company sends it to your attorney.

TRUST ACCOUNT AND PAYMENT OF LIENS

Once your lawyer receives the check from the insurance company, they are required to deposit it into a trust account. Your attorney also pays off any liens or outstanding bills at this stage. This often refers to medical liens but can refer to other creditors that need to be paid. If you paid these expenses yourself, you may receive reimbursement during this stage.

ATTORNEY FEES

Many personal injury attorneys offer to work on your case with the understanding that they don’t receive payment until you get paid. This is helpful because you don’t have to worry about money upfront to hire a lawyer to get compensation for your injuries.

At this point in the settlement process, your attorney deducts their fees from your settlement amount. Their fee will be a previously agreed on percentage of your settlement, rather than being based on an hourly rate.  It may also include fees for court costs, taxes, expert testimony, and other legal expenses, as detailed in your contract.

You can ask your attorney to send you an invoice of their legal fees so you know exactly how the funds were used. Once your legal team has received their payment, you are on your way to receiving yours.

VICTIM COMPENSATION

The last step in processing your settlement is when you receive the funds. After paying all debts and fees, your attorney sends you the funds. You may opt to have the check sent in the mail or pick it up in your lawyer’s office. This last step can take several weeks as law offices handle many cases at one time, so there is no need to be concerned by any delay. Always call your lawyer if you have specific questions about your settlement’s processing time.

LEGAL COUNSEL AND THE SETTLEMENT PROCESS

Due to the complicated nature of personal injury cases, you stand the best chance of protecting your rights and receiving appropriate compensation if you work with an experienced personal injury lawyer. An experienced attorney can ensure that the defendant’s insurance company doesn’t take advantage of you by offering a quick and easy settlement that is a fraction of what you may be entitled to.  

CONTACT THE TEAM AT BERG INJURY LAWYERS TODAY

If you or a loved one is considering filing a personal injury claim, contact the experienced attorneys with Berg Injury Lawyers for a free consultation. Our San Francisco personal injury lawyers can walk you through what to expect in your personal injury case and see you through the settlement process.

With 40 years of experience, Berg Injury Lawyers are ready to assess your claim and represent your interests so that you win the compensation you deserve.

The Importance of Proper Lighting in Establishing Fault in Premises Liability Cases

by Staff Blogger | May 15th, 2023

If you were injured on someone else’s property due to poor lighting, you might be able to pursue compensation for your damages. Property owners can be held responsible for injuries resulting from their negligence.

The California premises lawyers at Berg Injury Lawyers can help you understand the importance of proper lighting in your premises liability case and seek compensation from the negligent property owner who caused your injuries.

What Is Premises Liability?

Premises liability is a legal doctrine that holds property owners responsible for damages that occur on their property, such as slip and fall incidents and assaults. In California, property owners and managers are legally obligated to maintain safe conditions on their premises and warn visitors of any known hazards.

Proper lighting is an essential aspect of maintaining safe conditions on a property. Property owners must ensure their premises are adequately lit to prevent accidents and injuries. For example, installing lighting in hallways, staircases, and parking lots and maintaining the lighting in areas such as swimming pools or where there are uneven surfaces.

The Risks of Inadequate Lighting

Adequate lighting plays a pivotal role in preventing injuries on a property. Improper lighting can seriously affect a visitor’s or resident’s safety.

Poor lighting can make it difficult to see hazards on the floor, such as spills or wet surfaces, increasing the risk of losing footing and slipping. It can also lead to trips caused by obstacles like steps or buckled carpeting.

Visitors may not see where they are going in poor lighting, leading to serious falls from elevated surfaces, like stairs or balconies. Collisions can occur due to improper lighting, making it hard to see other people or objects in areas like parking lots or hallways.

Poor lighting can also lead to negligent security in areas that require surveillance, such as parking lots or walkways. Criminals can hide more easily or move undetected, increasing the risk of assaults or robberies that could be prevented with proper illumination.

Establishing Fault in Premises Liability

Inadequate lighting can establish fault in a premises liability case by demonstrating negligence on the property owner’s part. Property owners can be held liable for any injuries or damages resulting from their negligence if they fail to provide adequate lighting.

When evaluating the adequacy of lighting, courts consider factors such as the area’s location, purpose, and conditions. For example, if you slip and fall on a dimly lit staircase, the court will consider whether the staircase is in a frequently used area, if it’s intended to be a thoroughfare or isolated space, and if there were any contributing factors, like an obstacle in the stairwell or a slippery surface.

If it’s determined that the lighting was inadequate and contributed to the accident, the property owner may be required to compensate you for your medical expenses, lost wages, and other damages.

Steps to Follow After an Accident Due to Poor Lighting

If you believe that inadequate lighting played a role in your accident, take the following steps to improve your chances of successfully pursuing a claim for damages:

• Document the scene, including the lighting fixtures and any obstacles or hazards that may have contributed to the incident.
• Gather evidence, such as photographs of the location, hazards, or obstacles that may have contributed to the incident, witness statements, medical records, and correspondence with the property owner or manager.
• Report the incident to the property owner or manager and request a copy of the incident report.
• Seek medical attention immediately, even if the injuries seem minor. This ensures that injuries are properly documented, which can strengthen your case.
• Consult with a premises liability attorney to assess the strength of your case, help you collect evidence, negotiate with the insurance company, and represent you in court if necessary.

Get Fair Compensation for Your Injuries

If you are a victim of an accident caused by poor lighting, the California premises lawyers at Berg Injury Lawyers can help you secure compensation for your injuries, including medical expenses, lost wages, and pain and suffering.

Contact our law firm for a free case review. Our experienced legal team at Berg Injury Lawyers will help you get the settlement you deserve.