The First Steps to Take for a Survival Action Claim

by Staff Blogger | June 19th, 2023

When you lose someone unexpectedly and suspect another party is at fault for their death, it is a good idea to talk to a survival action lawyer as soon as possible.

A survival action claim allows the family of a deceased person to pursue compensation on behalf of their loved one’s estate. A survival action claim aims to ensure that the estate is fully compensated for the harm the deceased suffered, even if they are no longer alive, to pursue the claim themselves.

Filing a survival action claim can be a complex and emotional process. Understanding the first steps to take can help you get compensation on behalf of your deceased loved one and hold the negligent party responsible.

What Is a Survival Action?

A survival action claim is a legal action filed on behalf of a deceased person’s estate to recover damages for losses the person suffered before their death. This type of claim compensates the estate for the damages the deceased suffered before their death, such as pain and suffering, medical expenses, and lost wages.

A survival action claim differs from a wrongful death claim. A wrongful death claim is a legal action brought by family members of the deceased seeking compensation for damages resulting from their loved one’s death. This can include loss of income, loss of companionship, and funeral expenses.

The First Steps of Your Survival Action Claim

When filing a survival action claim, taking the right first steps can help you streamline the process and receive maximum compensation on behalf of your deceased loved one. The first steps include gathering medical bills and records, identifying the estate’s legal representative, and speaking with an attorney.

• Gather Medical Bills and Records

Gathering medical bills and records is crucial in filing a survival action claim. This documentation establishes the extent of the deceased’s injuries or losses before their death. For example, if your loved one died in a car accident, their medical records show the injuries they suffered, such as broken bones or internal bleeding, and the associated costs of their medical treatment.

• Identify the Legal Representative of the Estate

Your family must identify the legal representative of the deceased’s estate when filing a survival action claim. The legal representative, called an executor in California, is the only person who can bring the claim on behalf of the estate.

Typically, the decedent’s will names the legal representative, usually the spouse. If your loved one did not have a will when they passed, the court appoints an executor based on family relations, beginning with the spouse, followed by parents, children, siblings, or a court-appointed guardian for minors. If there is no one else, a public administrator may be appointed.

Knowing the legal representative’s identity ensures the claim is filed correctly and the estate is properly represented in the legal process.

• Speak with an Attorney

Speaking with an experienced California wrongful death attorney is crucial when pursuing a survival action claim. You may face legal and procedural obstacles during the claims process, such as disputes over liability or meeting the statute of limitations for filing a claim.

For example, if your loved one passed due to complications from a defective medical product, such as a pacemaker. The device manufacturer denies wrongdoing and argues that the device was properly designed and manufactured and that the deceased’s injuries were due to other factors.

Your attorney can help you navigate this liability dispute by gathering evidence to support the estate’s claim, such as analyzing technical specifications, consulting with experts, and reviewing your loved one’s medical records. They can use this evidence to show the harm your loved one suffered before their death to win compensation for the estate.

A skilled attorney can provide guidance and advice on addressing and overcoming these obstacles, gathering evidence, negotiating with insurance companies, and representing the estate in court. Without legal representation, it can be challenging to navigate the complexities of the legal system and secure fair compensation for the harm and losses the deceased person suffered.

Types of Recoverable Damages

In a survival action claim, the estate of the deceased may be entitled to several types of recoverable damages. These damages include medical expenses, lost wages, and pain and suffering. Damages you may be able to recover include:

• Medical Expenses

The estate may be entitled to recover the cost of the deceased’s medical treatment before their death. This includes hospital bills, doctor’s bills, prescription medication costs, and other medical expenses. Your attorney will use your loved one’s healthcare-related bills to estimate these damages.

• Lost Wages

If the decedent was employed at the time of their death, the estate may be entitled to recover the wages they would have earned if they had not been injured. This includes any future income the decedent would have earned if they had not died.

To calculate lost wages, gather the deceased’s pay stubs, tax returns, and other documentation related to their income. Your attorney will use these to determine the lost income and future lost earnings on behalf of your loved one.

• Pain and Suffering

The estate may be entitled to recover damages for the deceased’s pain and suffering before their death. This includes physical pain, emotional distress, and other non-economic losses. Your attorney will assess the evidence detailing your loved one’s pain and suffering, such as their personal journal, statements from family and friends, or expert testimony, to calculate pain and suffering damages for the estate’s settlement.

Speak With a Knowledgeable Attorney About Filing a Survival Action Claim

Pursuing a survival action claim can be a difficult and emotional process, but it is an important legal tool for obtaining justice and compensation for the estate of a deceased person.

At Berg Injury Lawyers, we have nearly 40 years of experience filing survival action claims in California. We will work with your family on behalf of your loved one’s estate to help you win compensation for the harm they suffered due to another’s negligent actions before their death.

Contact us today to schedule a free consultation and learn more about how we can help you with your survival action claim.

How to Protect Yourself from Premises Liability Claims as a Business Owner

by Staff Blogger | June 12th, 2023

As a business owner, you are responsible for ensuring the safety of anyone who enters your premises. While accidents can happen, you can take steps to minimize your liability risk and protect yourself from potential lawsuits.

Premises liability claims can arise from injuries or damages on your property, and they can be costly and time-consuming to defend against. By implementing safety measures, training employees, and purchasing liability insurance, you can help protect your business and prevent injuries to your patrons.

What Is Premises Liability?

Premises liability is a legal concept that makes property owners liable for injuries on their property. As a business owner, you are legally obligated to maintain safe and hazard-free premises for employees, customers, and other visitors.

Business owners have a moral and legal obligation to ensure the safety of anyone entering their premises. This means identifying and correcting potential hazards, providing adequate warning signs, training employees in safety procedures, and responding promptly to accidents or incidents.

Under premises liability law, business owners are held to a higher standard of care than residential property owners. You have a legal responsibility to take reasonable steps to prevent accidents and injuries from occurring on your property. If you fail to meet this obligation, you may be held liable for any damages that result.

Common Causes of Premises Liability Claims

Premises liability claims can arise from various situations, including slip and falls, trip and falls, falling objects, or inadequate security. These claims can impact business owners, resulting in costly lawsuits from a California premises liability attorney, damage to reputation, and loss of revenue.

• Slip and fall accidents: Slip and fall accidents are a common cause of premises liability claims. They occur due to wet floors, uneven surfaces, debris, or other hazards. To prevent slip and fall accidents, regularly inspect your property for potential hazards and address them promptly. This may include placing warning signs, cleaning up spills or debris, repairing uneven surfaces, or providing slip-resistant mats or flooring.

• Inadequate security: To prevent inadequate security claims, evaluate your property for potential security risks and take appropriate measures to address them, such as installing security cameras, hiring security personnel, and providing adequate lighting.

• Dangers or defective conditions: Dangerous or defective conditions on the property can lead to premises liability claims if a customer or employee is injured by broken equipment or electrical hazards. Regularly inspect the property and equipment and repair or replace broken equipment, fix electrical hazards, or place warning signs to prevent injuries.

How Businesses Protect Themselves from Liability Claims

Businesses can protect against liability claims by implementing various measures. This can mean developing and implementing safety policies and procedures, obtaining liability insurance coverage, and working with legal counsel to create a risk management plan.

• Safety policies/procedures: Implementing safety policies and procedures can protect all visitors to a business’ property. This may include conducting regular safety audits, training employees on safety protocols, and enforcing safety rules to prevent accidents and injuries.

Establishing a culture of safety within the organization can reduce the risk of liability claims and demonstrate to insurance providers and the legal system the owner’s commitment to protecting employees and customers.

• Liability insurance: Liability insurance covers a business for damages caused by injuries sustained on its premises. It can help cover legal fees, settlements, or judgments against the company. Having adequate liability insurance coverage is essential to protecting your business from potential financial damages due to liability claims.

• Risk management plan: Risk management plans can help businesses mitigate the risk of liability claims. A risk management plan involves identifying and developing strategies to address potential risks. Work with legal counsel to design a risk management plan that includes safety protocols and regular risk assessments to protect your company and reduce the injury risk to visitors.

Seek Help with Your Claim

If you have been injured in a premises liability accident, legal representation can help you navigate premises liability and pursue the compensation you deserve. Berg Injury Lawyers has over 40 years of experience representing clients injured due to the negligence of property owners.

We understand the physical, emotional, and financial impact of a premises liability accident on your life and are committed to helping you recover and move forward. Contact our legal team today to schedule a free consultation to learn how we can represent you in your premises liability case.

Understanding Personal Injury Laws in California

by Staff Blogger | 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

by Staff Blogger | 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:

1. Slips and Falls

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.

2. Trip and Falls

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.

3. Falling Objects

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.

4. Swimming Pool Accidents

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.

5. Elevator or Escalator Accidents

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

by Staff Blogger | 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.

Your Rights as a Bicyclist

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.

What to Do After an Accident

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?

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.

The Role of Expert Witnesses in Personal Injury Cases

by Staff Blogger | 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

by Staff Blogger | 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.

Who Are the Plaintiffs and Defendants in Personal Injury Cases?

by cjadmin | 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.