Personal Injury
Understanding Personal Injury Laws in California
| June 2nd, 2023
Like other states, different laws apply to different types of personal injury. California victims may be wondering which provisions are available to them. While the laws apply to everyone, each case is unique. A personal injury attorney at Berg Injury Lawyers in Sacramento can guide victims who may be unsure about which laws are relevant to their potential claim and how to pursue the maximum compensation.
Personal injury victims can count on California’s legal system to hold responsible parties accountable for any damages they caused. For example, if someone assaults another person and injures them, the law provides a means for the victim to file a claim for compensation.
This article provides an overview of California’s personal injury laws. It also explains how some of these laws are unique to California. First, let’s look at a few types of personal injury claims.
Different Types of Personal Injury Claims
In California, personal injury claims involve physical and mental injuries sustained due to another person’s negligence. Causes of personal injury are varied. The type of claim or lawsuit a victim should file depends on the grounds of their damages.
For example, victims of a vehicle accident usually find themselves with unforeseen medical bills, lost wages, and several other expenses related to the injuries sustained in addition to vehicle repair costs.
Who should pay for all of these? The simple answer is that the at-fault driver should compensate the victim. However, it’s not always clear who is at fault and how much the claim is worth. If you live in Sacramento, California, or a surrounding area, the personal injury attorneys at Berg Injury Lawyers can help you determine whether you have a claim and how to recover damages from the responsible party.
Berg Injury Lawyers also represents victims with the following types of personal injury claims:
- Slip, trip and fall injuries
- Product liability
- Medical malpractice
- Premises liability
- Injuries at the workplace
- Wrongful death
- Dog bites
- Assault
Let’s look at some of the laws that apply.
Personal Injury Laws in California
Although some personal injury laws are applicable across multiple counties, many variations exist. Below are some of the laws that apply in Sacramento, California.
Proof of Negligence
In California, someone is guilty of negligence if they know or should have known about a hazard but failed to take the necessary action.
For example, slip, trip and fall hazards can be any of the following:
- Protruding tree roots
- Wet or slippery floors
- Inadequate lighting
- Damaged sidewalks
- Icy surfaces
To file a claim, you must be able to prove that the person you’ve identified as being responsible is the one at fault. You can claim compensation for damages such as hospital bills, lost income, and pain and suffering.
California Applies Pure Comparative Fault Law
The pure comparative fault law means that in California, victims can claim compensation even if they were partly to blame for their own injury.
The case you build against the defendant must prove that the defendant shares a percentage of the blame. That’s true, even if they’re 1% responsible. As long as they and their legal team can present the necessary evidence to proportion the blame, victims should proceed and file a claim.
Some states prevent victims from claiming damages if they are at least 50% to blame for their injuries. Others do not allow claims as long as the plaintiff played a part in the accident. These states apply the contributory negligence and the modified comparative negligence rule in contrast to California’s pure comparative law.
How Do You Know if You Have a Case?
In California, the laws are on your side, whether or not you had any part of responsibility in an accident. However, this does mean you have a higher chance of being counter-sued. Get legal advice from an experienced personal injury lawyer to determine if the benefits are worth filing a suit. Your case evaluation is free and confidential. Our No Fee Guarantee™ ensures that if you don’t win, you pay nothing.
Benefits of Hiring a Sacramento Personal Injury Attorney
Personal injury cases can be complex, involving multiple parties and big-name insurance companies that are determined to pay out as little as possible. Fighting these companies on your own can be exhausting and lead to waiting for you and your family when you need help the most.
An attorney that specializes in personal injury cases has the experience, the team, and the contacts to get things done. At Berg Injury Lawyers, we will treat you with compassion and respect, and get you the compensation you deserve for the expenses and hardship that you experience.
California law provides a way to claim compensation if you incur injuries due to someone else’s negligence or purposeful actions. Contact Berg Injury Lawyers Sacramento office for a free consultation.
5 Common Premises Liability Accidents and How to Prevent Them
| May 29th, 2023
Premises liability refers to the legal responsibility of property owners to ensure the safety of individuals on their premises. Premises liability accidents can happen anytime, anywhere, and to anyone. Knowing the five most common types of accidents and how to prevent them can minimize the risk of injury and limit your liability.
The 5 Most Common Premises Liability Accidents
As a property owner, it’s essential to know the most common accidents that may occur on your property. Many premises liability cases involve the following types of accidents and damages:
Slips and falls are among the most common types of premises liability accidents, with around 800,000 people hospitalized across the U.S. annually due to a fall injury. They can occur due to wet or slippery floors, uneven surfaces, inadequate lighting, or obstacles in walkways. Injuries from slips and falls can range from minor bruises and cuts to serious head injuries, broken bones, and even death.
Trip and fall accidents can occur because of loose floorboards or rugs, uneven sidewalks or steps, and debris or clutter on the ground, causing you to lose balance and fall. You may sustain minor scrapes and bruises or more serious injuries like head trauma or broken bones.
Trips and falls can be especially dangerous for older adults or people with mobility issues; 95% of hip fractures (often fatal for seniors) are caused by falling sideways.
Accidents due to falling objects can occur when objects are improperly secured, shelves are overloaded, or due to construction work around a property. Injuries from falling objects can be severe, including head injuries, broken bones, and internal organ damage.
Swimming pool accidents often involve drowning or near-drowning incidents. Around 4,000 people fatally drown yearly in the U.S.; for every fatal drowning, another 10 people require hospitalization for nonfatal drowning injuries.
Common causes include inadequate fencing, slippery or wet surfaces, and faulty pool equipment. Injuries from swimming pool accidents include minor cuts and bruises to serious brain damage or death.
Elevator or escalator accidents can occur due to various reasons, such as mechanical failure, improper maintenance, or inadequate safety features. Injuries from these accidents can be severe, including broken bones, head injuries, and death.
Elevator accidents are more common in commercial or residential buildings with multiple floors, while escalator accidents often occur in shopping malls or transportation hubs.
Tips for Property Owners to Protect Visitors
As a property owner, there are practical steps you can take to prevent accidents and potential liability. Regular maintenance is crucial to ensure your property is in good condition and free of hazards. Take the following steps:
- Repair any broken steps, handrails, or loose floorboards
- Replace burnt-out light bulbs and ensure proper lighting
- Use proper signage to alert visitors to potential hazards
- Adhere to safety regulations, such as building codes and fire safety standards
- Promptly address potential hazards, such as spills, leaks, or ice
- Keep an open line of communication with visitors to report any safety concerns
You may face significant consequences if you are found liable for an accident on your property. This can include legal fees, medical expenses, and compensation for the injured party’s pain and suffering.
As a property owner, you likely have insurance to protect your interests in case of accidents that cause injuries to visitors. Your insurance should cover medical expenses, legal fees, and pain and suffering associated with a visitor’s or guest’s injury on your property.
However, if a person files a claim, it could increase your yearly premiums and multiple claims could cause you to lose coverage. If you don’t carry general liability insurance, you may have to pay the victim’s damages out-of-pocket.
Contact a Premises Liability Attorney to Review Your Case
Whether you’re a property owner or visitor, prioritize safety and proactively prevent premises liability accidents. At Berg Injury Lawyers, our California personal injury lawyers understand the devastating impact of premises liability accidents, and we can help if you’ve been injured due to someone else’s negligence.
Our experienced attorneys are dedicated to fighting for your rights and securing the compensation you deserve. Contact us today for a free consultation.
Bicycle Accidents: How to Protect Your Rights
| May 22nd, 2023
Bicyclists are some of the most vulnerable road users, with over 10,000 cyclists injured and 100 killed in accidents each year in California. Cyclists lack the protection afforded by a car’s metal frame and are often at risk of being overlooked by drivers.
If you’re a cyclist involved in an accident, you must know your legal rights and how to protect them so you can receive compensation to pay for your damages.
Bicycle riders in California have the same rights and responsibilities as motorists. Cyclists and drivers must follow traffic laws to ensure safety and avoid accidents. Common causes of bicycle accidents include:
- Driver negligence: Failure to yield the right-of-way to cyclists, making unsafe turns, or opening a car door without checking for approaching bicycles can injure a cyclist. Motorists must exercise caution around cyclists and respect their right to share the road.
- Poor road conditions: Hazards like potholes, debris, and uneven surfaces can lead to accidents when cyclists are forced to swerve or lose control of their bicycles. Local authorities are responsible for maintaining safe road conditions for all users, including cyclists.
- Faulty equipment: Malfunctioning bicycle components such as brakes or tires can cause accidents. Cyclists must regularly inspect and maintain their bikes to ensure safe operation and prevent accidents.
Taking immediate action after an accident can help protect your rights and strengthen your case. The following steps can ensure you get the medical care you need and preserve your right to compensation through a bicycle accident claim:
- Seek immediate medical attention: Even if your injuries appear minor, seek prompt medical attention. Internal injuries such as TBIs or bleeding can take hours or days to show symptoms. Getting medical care prioritizes your health and provides a medical record that your attorney can use as evidence.
- Gather evidence from the scene: Collect as much information as possible, including photographs of your injuries and damage to your bicycle. Speak with witnesses and ask for their contact information. These details can be invaluable when pursuing compensation for your injuries and proving your claim.
- File a police report: Contact the police and file an accident report. This official record notes the facts of the incident and is a critical tool for strengthening your case with insurance companies. Be sure to obtain a copy of the report for your records.
A California bike accident lawyer from Berg Injury Lawyers can provide invaluable assistance if you’ve been injured in a bike accident. Our personal injury attorneys can help you navigate the complex claims system, protect your rights, and help you get compensation for your damages, such as medical bills and lost wages.
Tips to Prevent Serious Injuries While Biking
To minimize the risk of accidents and protect yourself on the road, consider the following preventative measures:
- Wear a helmet: Wearing a helmet is one of the simplest and most effective ways to prevent serious head injuries. It is required in California for all bicycle riders under 18 on public roads. Ensure your helmet fits properly and meets safety standards.
- Use lights and reflectors: California requires cyclists to equip their bikes with a front lamp emitting a white light visible from 300 feet away and a rear red reflector or light visible from 500 feet. Pedals or shoes must have white or yellow reflectors visible from 200 feet, and bikes should have reflectorized tires or reflectors on the wheels to enhance visibility.
- Stay vigilant: Be aware of your surroundings and anticipate potential hazards. Scan the road ahead, maintain a safe distance from vehicles, and be prepared for unexpected situations. Use appropriate hand signals when changing lanes and keep one hand on the handlebars to maintain control of your bike.
- Choose safe routes: Opt for designated bike lanes or less-congested streets whenever possible. Plan your route to avoid high-risk areas.
Protect Your Rights with Berg Injury Lawyers
As a cyclist, protecting your rights on the road is essential. If you’ve been involved in a bicycle accident, our personal injury attorneys at Berg Injury Lawyers can help you understand your rights as a bicycle accident victim in California. We will help you seek fair compensation for your damages to help you recover from injuries you sustained in the accident.
Contact our California bike accident lawyers for a free consultation to safeguard your rights.
How Long Does It Take to Get a Settlement Check?
| 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
| 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.
The Role of Expert Witnesses in Personal Injury Cases
| April 17th, 2023
Personal injury cases involve complex legal issues and require the testimony of experts to prove liability and damages. Expert witnesses play a crucial role in personal injury cases. They can provide specialized knowledge and insight into various aspects of the case to help the jury or judge make an informed decision.
Understanding the role of an expert witness in your personal injury case can help you and your attorney select experts to support your claim. Berg Injury Lawyers has a broad network of expert witnesses we can use to prove your damages and win you compensation in court.
What Is an Expert Witness?
An expert witness in a personal injury case is a professional with specialized knowledge, training, and experience in a particular field related to the injury or accident. They are called upon to provide testimony in a legal proceeding to help the court understand the facts and issues of the case.
The role of an expert witness is to provide unbiased and objective opinions based on their expertise. For example, your attorney may call a medical expert witness to testify about the nature and extent of your injuries, the appropriate treatment, and the prognosis for recovery.
Common Types of Expert Witnesses
Several types of expert witnesses can be called upon to testify in a personal injury case, including:
- Physicians and Medical Professionals
As previously stated, medical experts are called upon to provide testimony in personal injury cases involving medical malpractice or injuries caused by negligence. These experts can help the court understand the nature and extent of your injuries, the standard of care that should have been provided, and the long-term consequences of the injuries in question.
- Mental Health Experts
Mental health experts can provide testimony in personal injury cases involving emotional distress or mental health issues. These experts can help the court understand your mental state and the impact of the injury on your emotional well-being.
- Accident Reconstructionist
Reconstruction experts can help the court understand how an accident occurred and who was at fault. They use various methods, such as analyzing physical evidence and recreating the accident scene, to provide an accurate and detailed account of what happened.
- Engineering Experts
Engineering experts provide testimony in personal injury cases involving product liability or construction defects. These experts can help the court understand the technical aspects of the case and give an opinion on whether a product or structure was designed or constructed safely.
- Actuaries and Financial Specialists
Actuaries and financial specialists provide testimony in personal injury cases involving lost wages or other monetary damages. These experts help the court understand the economic impact of the injury and calculate the appropriate amount of compensation.
- Vocational Experts
Vocational experts can provide testimony in personal injury cases involving long-term or permanent injuries that affect your ability to work. They help the court understand your earning capacity and the impact of the injury on your future career prospects.
What Criteria Are Required to be an Expert Witness?
To be considered an expert witness, the individual must meet specific criteria. Federal Rule 702 states that expert witnesses must have the training, experience, knowledge, skill, or education in a particular field and:
- Their specialized knowledge should help the court to understand the evidence or determine a fact in an issue.
- Their testimony should be based on sufficient facts or data.
- Their testimony should be the product of reliable principles and methods.
- They must have reliably applied the principles and methods to the facts of the case.
Benefits of Introducing an Expert Witness and How They Strengthen Your Case
An expert witness can provide specialized knowledge and insight that can help the judge or jury understand complex issues in the case. For example, a medical expert can explain the nature and extent of your injuries and their life-long consequences, such as lost earning potential and reduced quality of life. This can help the judge or jury decide the appropriate amount of compensation.
An expert witness can also lend credibility to your case. Expert witnesses are typically highly respected professionals; their testimony can carry significant weight with the court. This can be particularly important in cases where there is a lack of physical evidence to support your claim.
Contact a California Personal Injury Attorney for Help with Your Case
If you or a loved one has been injured in an accident, contact an experienced California personal injury lawyer to help you navigate your personal injury case and protect your rights.
Our team of skilled and experienced attorneys at Berg Injury Lawyers can support your claim with expert witness testimony to help you win your case. Schedule a free consultation and learn more about how we can help you.
Factors That Can Affect the Outcome of an Injury Case in Modesto
| March 21st, 2023
Injury Attorney in Modesto, California
Accidents are common these days, and they often create catastrophic results. A legal claim arising from physical or emotional injuries that results from the negligence or fault of another is known as an “injury case.” Injury laws in California differ from those in other states because of the “comparative fault” rule and shorter statute of limitations.
To maximize your chances of getting the compensation you deserve, it is essential to contact a qualified injury lawyer in Modesto to help identify the factors that can influence the outcome of your Modesto injury case.
Liability and Negligence
In accidents involving injuries, liability relates explicitly to a legal responsibility for causing the injury. “Negligence,” however, is a failure to take reasonable care that results in injury.
Injury lawsuits are determined based on questions of liability and negligence. In order for a case to succeed in court, the injured party must demonstrate that the party or entity at fault behaved carelessly and failed to exercise reasonable care.
Types of Injuries and Their Levels of Intensity
Also, the nature and extent of an injury determine the outcome of a case. Physical harm, which affects the body and has long-term effects on a person’s life, can range from mild to severe. Mental and emotional harm can be caused by emotional injuries depending on the injured party’s initial state, the daily impact, and the healing time.
Injury Evidence
Evidence is used in injury lawsuits to demonstrate fault and carelessness. Evidence can include eyewitness testimony, medical records, photographs, and expert witness testimony. This evidence can demonstrate the circumstances that led to the damage, the scope and nature of the damage, and offer critical information about the damage’s origin. The likelihood of a good outcome is increased by gathering as much pertinent evidence as possible.
Insurance Protection
Insurance coverage compensates for medical costs, lost earnings, and other losses when an injury occurs. Depending on the insurance plan and the particulars of the injury, the kind and extent of coverage can differ significantly.
In the event of an injury, having adequate insurance coverage can result in complete damage reimbursement. If the coverage is limited, it may be necessary to seek reimbursement through other channels, such as a lawsuit. Having enough insurance is essential for successful outcomes.
The Role of a Modesto Attorney in Personal Injury Cases
A Modesto injury lawyer can assist victims injured because of someone else’s negligence. Attorneys provide legal counsel, obtain compensation, and deal with challenging legal procedures.
Their duties include advising the client, conducting investigations, negotiating with insurance companies, bringing a case, and representing the client in court. A skilled lawyer can have a significant impact on the outcome of a case and ensure appropriate compensation.
Why Should You Hire a Personal Injury Attorney?
Following an injury, you should hire a personal injury lawyer for the following reasons:
- Personal injury lawyers know the legal system and thoroughly understand personal injury law. They offer direction and counsel regarding your rights and the best course of action.
- Insurance companies frequently attempt to settle disputes for the smallest sum possible, while personal injury lawyers have negotiation skills and can aid you in obtaining a just payment.
- If your case goes to trial, a personal injury attorney will argue persuasively on your behalf in court and defend your claim.
- Attorneys specializing in personal injury cases have a track record of success and can improve your chances of receiving compensation.
How Do I Choose an Injury Lawyer for My Case?
When choosing an injury lawyer, Modesto residents should consider these factors:
- Look for an attorney with experience handling cases like yours.
- Read reviews and recommendations from previous clients to learn more about the attorney’s reputation.
- Pick a legal representative that is approachable, responsive to your queries, and keeps you updated on the status of your case.
- Check out the attorney’s track record for getting clients compensation.
- Ensure the attorney is prepared to represent you and has the necessary resources to devote time and attention to your case.
- To understand the expenses in pursuing your case, evaluate the attorney’s fees and the payment plan.
How Does the Legal Process for Personal Injuries Work?
Most injury cases progress in the following stages: :
- Compile evidence about the injury, including witness testimonies, medical records, and other injury-related documents.
- With the help of a lawyer, the injured party (plaintiff) submits a complaint to the court, and specifics of the harm and the compensation requested are detailed in the complaint.
- Each party gathers facts and arguments. Depositions, written interrogatories, and document demands are all part of this.
- At any stage of the legal procedure, the parties can try to settle the dispute through negotiations.
- The case may go to trial if the parties cannot agree, and after hearing the testimony, a judge or jury will conclude.
- If one or both parties feel that the trial decision was incorrect, they may appeal.
Need to settle an injury lawsuit in Modesto? Contact Berg Injury Lawyers for a free consultation. We strive to assist individuals in protecting their future and helping them get what they deserve.
How to Avoid Overexertion Injuries at Work
| March 14th, 2023
Originally published June 15, 2020.
Overexertion injuries cause nearly one-fourth of all work-related injuries every year. They’re the most common reason for missed days at work and cost businesses billions of dollars annually. By learning how to avoid overexertion injuries, workers can be more productive, have longer careers, and enjoy a better quality of life. Before we learn how to avoid these injuries, we need to understand what they are and how they happen.
EXAMPLES OF OVEREXERTION INJURIES
Overexertion injuries can occur after performing repetitive movements over long periods or with one sudden movement. A few of the most common examples of overexertion injuries include:
- Soft-tissue injuries – Injuries to ligaments, tendons, muscles, etc.
- Back injuries – Pulled, strained back muscles or damage to the spinal cord, such as a slipped disc or cracked vertebrae
- Heat stroke and dehydration – Most common among workers doing heavy manual labor outdoors
- Repetitive stress injuries – Injuries ranging from carpal tunnel syndrome to stress fractures, often the result of weeks, months, or years of repeated movements
In many cases, two or more overexertion injuries can occur at the same time. For example, a worker might be more likely to pull a muscle if they are dehydrated or suffering from heat exhaustion. Lifting a heavy object can trigger an acute injury that stems from years of repeated actions.
HOW OVEREXERTION INJURIES HAPPEN
Certain movements and activities are more likely to cause overexertion injuries than others. Some of the most common examples include:
- Lifting heavy objects
- Performing unnatural movements
- Sitting or standing for long periods
- Using excessive force to perform a task
- Vibrations, typically from heavy machinery
- Working in extremely hot and/or humid environments
INDUSTRIES WITH HIGH RATES OF OVEREXERTION INJURIES
The National Safety Council provides a list of industries in which overexertion injuries are most common. They include:
- Education and health services
- Manufacturing
- Retail trade
- Professional and business services
- Transportation and warehousing
- Construction
- Wholesale trade
From this data, we get a clearer picture of how these injuries happen and where they’re most likely to occur. Though workers who operate heavy machinery or lift heavy objects are more likely to suffer overexertion injuries, workers in any setting are at risk if they and their employers don’t take steps to protect their health and wellbeing.
7 TIPS FOR AVOIDING OVEREXERTION INJURIES
Preventing overexertion injuries requires preparation and mindfulness. The more aware you are of how you’re performing tasks, the better positioned you’ll be to look for more efficient ways to perform them. Here are seven ways you can reduce your chances of suffering an overexertion injury:
Use safe lifting techniques.
Keep objects you’re lifting close to your body. Maintain proper posture throughout the lift. Try to lift with your knees instead of your lower back. In addition, ask for help if an object is too large or heavy for you to lift on your own.
Break up and limit time spent doing repetitive tasks.
Distribute repetitive tasks throughout your day instead of doing them in one block of time. If possible, look for ways to avoid performing the same taxing task repeatedly.
Move often.
If you sit or stand for long periods, find opportunities to move and stretch fatigued muscles.
Rest when you need to.
Whenever you’re hot or tired, take frequent water and rest breaks.
Take pain seriously.
Persistent pain can be a warning sign of a more serious injury to come. Listen to your body and avoid performing tasks that contribute to chronic pain.
Prioritize ergonomics.
Ergonomics means “fitting a person to a job,” and it’s all about performing the correct movements for a given task. Take ergonomics seriously by considering the position your body is in when you perform tasks and look for ways to perform these tasks in a way that is less taxing on your anatomy.
Perform corrective exercises.
Whether you’re in the same position all day or using certain muscles more often than others, you’ll benefit from corrective exercises. These exercises help you correct poor posture and ensure the strength of less frequently used muscles.
IF YOU NEED A PERSONAL INJURY ATTORNEY, CALL US
Most overexertion and workplace injuries are preventable. It’s vital that employers give their workers proper training, equipment, and rest to ensure overexertion injuries never occur. When employers fail to do so, employees have rights to seek compensation for medical bills, lost income, and other expenses. At Berg Injury Lawyers, we help injured people get the payment they’re entitled to. If you were hurt through no fault of your own, contact our Bay Area personal injury attorneys today and speak to our team at no cost. We want to help you explore your legal options, so you can find the best path to the compensation you deserve.
Who Are the Plaintiffs and Defendants in Personal Injury Cases?
| March 13th, 2023
Personal injury cases are legal disputes that occur when someone suffers damages due to another person’s negligence or wrongdoing. In a personal injury case, the injured person, known as the plaintiff, seeks financial compensation for their losses from the defendant, the party or entity responsible for their injury.
Knowing the difference between the plaintiff and defendant helps you understand the dynamics of the case and how the California personal injury lawyers at Berg Injury Lawyers can help maximize your settlement.
Who is the Plaintiff?
A plaintiff in a personal injury case is the party who suffers harm due to another person’s negligent behavior. The plaintiff initiates legal proceedings against the person or entity responsible for their injury, seeking restitution for their losses. Most plaintiffs prove their case using a preponderance of the evidence, meaning the evidence makes a claim for damages more likely true than not.
The plaintiff is usually represented by a lawyer who helps them navigate the legal process and make the strongest case possible for their claim. Plaintiffs typically seek damages, including medical expenses, lost wages, and pain and suffering.
Due to California’s pure comparative negligence law that awards compensation based on the percentage of fault, the burden of proof lies with the plaintiff to prove that the defendant was as close to 100% responsible for their injuries as possible to maximize the settlement.
Common examples of plaintiffs in personal injury cases include:
- Individuals involved in a car accident
- Workers who suffered an injury on the job
- Patients in nursing homes who suffer neglect or abuse by facility staff
- Consumers injured by a defective product
Bystanders or family members can also be plaintiffs in personal injury cases. CACI 1620 allows them to sue for negligent infliction of emotional distress if they witness a horrific accident, while families can file a wrongful death lawsuit for compensation.
Who is the Defendant?
A defendant in a personal injury case is the party accused of causing harm to the plaintiff. The defendant is responsible for refuting the plaintiff’s allegations and challenging the evidence presented against them. Some cases, like trucking accidents, may have multiple defendants named, such as the driver, trucking company, or parts manufacturer.
The defendant may argue that they are not responsible for the plaintiff’s injury or that the plaintiff is partially liable for their injury. They can assert a defense to minimize the amount of compensation they are required to pay to the plaintiff.
The defendant is typically represented by a lawyer who helps them understand their legal obligations and defend their position in legal negotiations and in court.
Common examples of defendants in personal injury cases include:
- Drivers who caused a car accident
- Employers who failed to provide a safe work environment
- Healthcare providers who provide negligent care in nursing facilities
- Manufacturers of a defective product
How it Works in Different Types of Personal Injury Cases
There are many personal injury cases in which plaintiffs and defendants are defined differently. For example, plaintiffs and defendants in car accidents differ from those in slip and fall or nursing home abuse cases.
The following are common personal injury lawsuit areas and the typical plaintiffs and defendants in each case:
- Car Accidents
In car accident cases, the plaintiff and defendant are typically drivers involved in the collision. For example, the plaintiff in a car accident case would be the party seeking damages after suffering a spinal cord injury due to the other driver speeding or driving drunk and causing the crash.
- Nursing Home Abuse
In nursing home abuse cases, the plaintiff is a resident who suffered mental, physical, sexual, or financial harm due to a staff member, medical provider, or administrator’s negligence or abuse. For example, a nursing home resident who experiences neglect when the provider fails to take care of their daily hygiene needs, such as bathing, changing their clothes, or brushing their teeth.
The defendant in these cases is typically the nursing home staff, including orderlies, nurses, doctors, or facility administrators.
- Slip and Fall
In slip and fall cases, the plaintiff is an individual who has suffered harm after slipping, tripping, or falling on someone else’s property—for example, a resident who suffers a broken leg due to falling on an uneven staircase. The defendant is the owner or manager of the property where the fall occurred.
Slip and fall lawsuits can have more than one defendant, including property owners, property managers, and contractors responsible for maintaining the property. To win compensation, the plaintiff must prove that the defendant is responsible for maintaining the property in a reasonably safe condition and that their failure to do so resulted in harm to the plaintiff.
Schedule a Free Case Review with Berg Injury Lawyers
If you have been injured in an accident and need legal help, contact a member of our legal team to schedule a free consultation. A good lawyer is critical to helping you build your case and form a strategy for the best outcome.
Our attorneys will work on your behalf and won’t stop fighting until you get the compensation you deserve.
How Is Emotional Distress Valued in a Personal Injury Claim?
| February 27th, 2023
Many personal injury claims are centered around compensation for the cost of treating physical injuries. However, if someone’s negligence or deliberately harmful actions caused significant mental damage, you have the right to file a claim for emotional distress.
Emotional distress is a subjective claim, making it challenging to calculate a fair settlement. Learn how damages for emotional distress are awarded and how a California personal injury lawyer from Berg Injury Lawyers can help you recover the compensation you deserve.
What Is Emotional Distress in a Legal Sense?
Emotional distress is the mental and emotional suffering inflicted on a personal injury victim. The term encompasses a wide range of negative emotions, including:
- Fear
- Anxiety
- Depression
- Shock
- Grief
- Anguish
- Suffering
- Humiliation
Under California law, the infliction of emotional distress is classified as negligent or intentional. In negligent infliction of emotional distress, the other party’s conduct was unreasonably careless and resulted in your emotional distress.
When you suffer severe or long-lasting emotional distress due to someone else’s actions, filing a claim for emotional distress allows you to recover financial compensation for your psychological injuries. You can use this compensation for any resulting expenses, such as therapy or medication, to treat a mental health condition.
The Process of Valuing Emotional Distress
In California, there is no predetermined procedure for valuing emotional distress. However, most attorneys and courts use the multiplier method to value emotional distress to estimate and award compensatory damages.
This method determines your compensatory damages by multiplying your economic damage award by a number between 1.5 and 5. The judge or jury will decide the multiplier and calculate your compensation based on the facts of your case and the evidence you provide.
Factors that influence the value of an emotional distress claim include:
- Seriousness of any physical injuries you sustained
- Length and severity of emotional distress
- The other party’s actions, behavior, and intent
- Evidence provided
Awarding damages for emotional distress is a subjective process. An experienced personal injury attorney from Berg Injury Lawyers can help you estimate your compensatory damages based on the seriousness of your injuries and the evidence for your case.
They will use proof of your emotional distress, such as behavioral health treatment records, medical records, and testimony from friends and family, to win you fair compensation for your suffering.
Tips for Making a Strong Claim
Due to the subjective nature of emotional distress and non-economic damages, it can be challenging to make a strong claim. Thoroughly documenting your damages and working with a skilled personal injury attorney can help you maximize your compensation.
- Seek Psychological Treatment
If you are suffering emotional distress after another person’s negligent actions, seek psychological treatment as soon as possible. Depending on your needs, obtain treatment from a therapist, psychiatrist, intensive outpatient program, or inpatient clinic.
Seeking treatment helps establish the existence and severity of emotional distress, as your treatment records can be provided to the court. It will also provide support and resources to cope with your emotions.
- Establish the Cause of Distress
To successfully claim emotional distress, you must show that your distress resulted from the other party’s actions. Your attorney can investigate your case to find evidence of the cause of your distress. For example, they can use witness testimony or videos showing your behavior before the injury and compare it to your mood, outlook, and enjoyment of life after the accident.
Medical experts such as therapists and psychologists can help establish that the other party is responsible for your distress. For example, if you developed post-traumatic stress disorder after a car accident, a medical expert can testify that your condition only developed after the traumatic experience.
- Document Your Symptoms
In addition to treatment records, provide subjective evidence of your emotional distress. Journal or record your symptoms of emotional distress in a notebook or digital format, including your daily anxiety levels, the shame you feel, or the impact of your injuries on your personal relationships. Your attorney will provide this documentation to the court or help you use it to strengthen your testimony.
For example, you were attacked on your property by a neighbor’s dog. You could journal about your fear of leaving the house or film yourself talking about your fear when you see an unknown dog.
Consult with Berg Injury Lawyers Today
The best way to maximize your financial recovery from emotional distress is by hiring a qualified attorney to represent you. A skilled personal injury lawyer can prove your nonphysical loss and the gravity of your pain and suffering, ensuring you receive the settlement you deserve.
Contact us today to schedule a free consultation. We represent clients on a contingency fee arrangement, so we only get paid if you win your case. There’s no risk in finding out what an experienced attorney at Berg Injury Lawyers can do for you.
