Personal Injury
Why Do Insurance Companies Lowball Injured People?
| September 13th, 2021
If you’re dealing with an insurance settlement following an accident, it can be stressful. Often you need to pay several expensive bills for medical treatment, and you may not have the money to pay for them. Unfortunately, insurance companies know this and may try to take advantage of you.
The California personal injury lawyers at Berg Injury Lawyers can help you navigate the often-complicated insurance settlement process so you can focus on recovering from your injury.
Why Insurance Companies Try to Lowball You
Insurance companies are a business and need to make a profit. They make their money by collecting insurance premiums, investing those premiums, and not paying out a lot in claims. It’s in the best interest of their bottom line to lowball you.
Some common reasons insurance companies make low initial settlement offers to injured people include:
● It’s worked for them in the past
People accept lowball offers all the time, whether because they need money quickly or just don’t know any better.
● They are trying to avoid future bills
Once you accept a settlement, it’s impossible to reopen the claim if you receive more bills or a doctor determines you need additional treatment. To save themselves money, insurance companies will make you a settlement offer before you’ve completed treatment or received all the bills related to your accident.
● They use computer-based estimates and haven’t considered your specific case
Large insurance companies receive thousands of claims, and they may not look at each case individually. Instead, they run claims through artificial intelligence software to compare it to previous cases they’ve settled to determine how much to offer you in your settlement.
● They are taking advantage of your inexperience
Insurance companies don’t think you know enough to spot a lowball offer or hire a lawyer, especially if you’ve said the wrong thing while discussing the case with them. They hope you see the settlement offer as a take-it-or-leave-it deal and not a negotiation.
● They use a “deny first” policy
Some companies will simply deny your claim altogether without looking at it, hoping you’ll just accept it and move on.
How to Tell if Your Settlement Offer Is Lowball
There are several ways to tell if the insurance company is lowballing you.
● They actively discourage you from consulting a lawyer or pressure you to decide quickly
When you receive the settlement and say you can’t accept it until you’ve spoken with a lawyer, a disreputable insurance company will advise you not to get a lawyer because it will slow down the process. They know a good lawyer can spot their lowball offer and fight it.
● You get the settlement quickly
Insurance settlements take time to research. There’s a lot of evidence to dig through and facts to sort before they can craft your settlement. If they’ve done it too quickly, that’s a sign they didn’t take the time to investigate your claim properly.
● They ignore or dismiss evidence, blame you for the accident, or question the source of your injuries
If insurance companies tell you that specific evidence doesn’t matter or try to convince you that you are to blame for the accident, they are doing so to make their settlement offer sound more generous than it is.
This can also pressure you into taking their offer out of fear that you will lose that amount if you continue to push for fair compensation. They may also blame your injuries on other causes to prove that they aren’t liable for a payout.
● They don’t explain their math
If you ask how they arrived at your settlement total, and they can’t provide that information, they are probably lowballing you. They know that if they explain how they arrived at your offer amount, you or a lawyer will see the amount is too low.
● They suddenly become unresponsive
If you challenge the settlement offer, and the insurance company suddenly becomes unresponsive, they are probably lowballing you and hoping you will not want to draw the process out any longer and just accept the offer.
Contact Berg Injury Lawyers for Your Free Consultation Today
The experienced personal injury attorneys at Berg Injury Lawyers can help you through the insurance claim process. We ensure you receive a fair settlement so you can focus on what’s important to you and get back to your regular life.
At Berg Injury Lawyers, we offer a free consultation to discuss your case. Call us today so you can receive the compensation you are entitled to.
What Are Your Chances of Winning a Personal Injury Lawsuit?
| September 6th, 2021
If you’ve been in an accident, you may be wondering if a personal injury lawsuit seeking damages is right for you. The California personal injury lawyers at Berg Injury Lawyers can help you navigate this process to determine if you are eligible to file a claim and get you the compensation you deserve.
What Is a Personal Injury Claim?
A personal injury claim is a legal dispute between two or more parties, with one party alleging that another entity is responsible for their injury through intentional action or negligence.
You can file personal injury claims to cover medical bills, travel costs, pain and suffering, lost wages, property loss, and loss of enjoyment or consortium, among other expenses.
Common Outcomes for a Personal Injury Claim
Formal lawsuit: In a formal lawsuit, a private citizen (called a plaintiff) files a civil suit against the individual, business, or government entity (called a defendant), alleging them of intentionally causing harm or causing harm through negligence.
Informal settlement: An informal settlement is the most common outcome. The involved parties negotiate a written agreement in which the defendant pays an agreed-upon amount in damages on the basis that the injured party will not pursue additional legal action for the injury.
Personal Injury Claims in California
California follows comparative fault laws, which means that there can be multiple parties at fault in the event of an accident. So, even a partially at fault victim can file for personal injury claims and win compensation.
Factors Determining the Success of Your Personal Injury Claim
Several factors determine the success of your personal injury claim.
● Proof of Fault
The most significant factor in whether your personal injury claim succeeds is the type and amount of evidence you have to prove another party is at fault, whether through intentional action or negligence.
Following an accident, take video or photos of the area and any injuries if you are able. Collect witness information and file a police report to start a paper trail that can be used to support your claim. Immediately seek medical attention and keep a record of medical documents to use as evidence.
● Severity of Harm
The severity of your injuries can influence the outcome of your personal injury claim. Victims with broken bones, traumatic brain injuries, and spinal damage often win larger settlements due to the complexity and length of treatment. It is also easier to prove that these injuries were sustained during an accident.
● Degree of Disruption to Daily Life
If your daily life has been inconvenienced by the accident, you are more likely to get a larger settlement from your personal injury claim. For example, limitations to doing daily tasks, like walking or working, are more severe than limitations such as no longer being able to participate in social sports or hobbies.
● Type of Treatment and Length of Recovery
Trips to the doctor and hospital stays (as long as reputable medical professionals advise them) are more likely to lead to larger settlements. The duration of treatment, especially treatments that include follow-up appointments and medication, can also impact the result of the settlement.
● Degree of Emotional and Mental Trauma
Often accidents result in emotional or mental trauma like anxiety, depression, or post-traumatic stress disorder (PTSD). The presence of emotional and mental trauma diagnosed by a licensed medical professional can factor into the success of your personal injury claim. However, these types of trauma are often harder to prove since they cannot be seen.
● Precedence
Personal injury claims are a type of torts law, and the majority of these types of cases are determined by precedence or the results of previous cases.
Discuss Your Injury With a Personal Injury Lawyer
If you’ve been injured in an accident and are dealing with a personal injury case in California, the personal injury attorneys at Berg Injury Lawyers are here to help. We can negotiate with insurance companies so that you can focus on recovery.
At Berg Injury Lawyers, you won’t pay us until you win your case, whether it goes to litigation or an informal settlement. Contact us today for your free consultation.
Can You Sue a Landlord for Injuries You Suffer in a Rental Unit?
| June 28th, 2021
In most states, the landlord of a property has a legal obligation to maintain the safety and security of the tenants they rent to. This means they must fix things such as broken stairs, weak railings, collapsing decks, or poor lighting to keep the rental free of hazardous conditions.
If your landlord fails in this regard and you become injured, they may be subject to premises liability laws and owe you compensation for your injury. Learn who can sue a landlord for personal injuries, how premises liability laws factor into your case, what type of compensation you may be entitled to, and how a slip and fall attorney can help.
Who Can Sue a Landlord?
A long list of people can sue a landlord for injuries incurred on the property. The list includes renters, tenants, visitors, workers, and even trespassers. Tenants or renters live on the property and are the most common plaintiff in landlord-tenant personal injury cases.
Visitors, such as family and friends of the tenant, may be entitled to compensation if they are injured while visiting the property. Workers such as landscaping crews, exterminators, and utility company employees can sue landlords for injuries they sustain while on the premises. Trespassers also fall under the list of people who may file a claim if they are injured in a rental property.
Examples of Unsafe Conditions
Many unsafe conditions may cause injury on a rental property. Common examples include:
- Slips and falls on slick surfaces
- Tripping on uneven stairs or obstacles that are hidden but easily fixable
- Falling through rotted or weak floorboards
- Falling on broken stairs
- Injuries from exposure to dangerous chemicals
- Injuries from a broken or weak railing
- Burns from scalding water
- Injuries from porch or deck collapse
- Injuries due to inadequate or non-existent lighting
Slip and Fall Accident Injuries
The most common type of personal injury claim affecting tenants and landlords is slip and fall accidents. These types of accidents happen when a person slips or falls and suffers a personal injury because of unsafe conditions on a property. The types of injuries a person suffers due to a slip and fall range from minor to severe. Injuries might include broken bones, head injuries, traumatic brain injuries, spinal injuries, muscle injuries like strains, tears, sprains, scrapes, wounds, or bruising.
Premises Liability Laws
The most significant legal factor in determining whether or not you can file a slip and fall claim against the property’s landlord rests in California’s premises liability laws. To win your case, you must show that the defendant owns the property where the accident occurred, that they were negligent in maintaining the property, and that their negligence was a major contributing factor to your injuries.
Negligence occurs when the property owner fails to:
- Repair the unsafe condition
- Give an adequate warning about the dangers
- Protect tenants, visitors, and workers from the hazard
Landlords in California are required to perform thorough inspections of their properties before renting to a tenant to uncover and repair hazardous conditions. If the landlord fails to discover, fix, and warn the new tenant of a hazard, they may be held liable.
Keep in mind that a landlord is not held liable for injuries that occur once you are in possession of the property. Landlords cannot perform surprise inspections on their tenants. Therefore, if a dangerous condition arises after you move in and you do not inform the landlord and then become injured, they are unlikely to be liable for your injuries.
The two exceptions to this situation are if your landlord is made aware of the hazard and fails to address it or if the accident occurs in a common area such as the hallway, stairs, or property elevators.
Personal Injury Compensation
If you are injured in a slip and fall accident due to landlord negligence, it is best to speak with experienced California slip and fall attorneys as soon as possible. Premises liability laws are complex, and cases of this nature are best handled by knowledgeable personal injury lawyers who specialize in the practice area.
An experienced attorney can help get you compensation for your medical bills, lost wages, and pain and suffering.
Contact Berg Injury Lawyers Today
If you or a loved one suffered an injury due to landlord negligence, contact the knowledgeable team at Berg Injury Lawyers today. During your free consultation, we will go over the facts of your case and help you consider your legal options. We have been representing victims’ rights for 40 years and will work to obtain the settlement you deserve.
How to Tell if a Lawyer Is Legitimate?
| May 10th, 2021
While you might assume that a lawyer with a website and fancy office is legitimate and legally allowed to practice the law, there have been numerous cases where people have posed as lawyers for decades. These fraudulent lawyers have taken clients’ hard-earned money, lost important cases, or made critical mistakes in essential paperwork.
Before meeting a lawyer and agreeing to work with them, it’s essential you do some due diligence to ensure they have all the credentials they claim to. Whether you received a serious injury in a car accident or lost a loved one in an accident and need to file a Wrongful Death lawsuit, it’s essential that you work with a legitimate, experienced lawyer like those at Berg Injury Lawyers.
Why Should You Check a Lawyer’s Credentials?
To become a lawyer, you must attend law school, graduate, and pass the state bar where you plan to practice. Completing law school and proving your knowledge by passing the bar are essential since it demonstrates that a lawyer has a complete understanding of their state’s laws.
If someone claims to be a lawyer but has not gone through this process, it’s unlikely they have the expertise necessary to navigate the court system successfully. They could make significant mistakes, causing you to lose your case while also taking your money.
Another reason to check your lawyer’s background is that many people who lie about being lawyers also lie about other aspects of their lives or participate in identity theft or fraud.
When you work with a lawyer on a personal injury lawsuit, the attorney-client relationship is essential and must be based on trust. If you later learn that your lawyer is fake and has stolen money from you or used your information to take out a line of credit, you may need to enter into another lawsuit or partake in criminal proceedings to protect your finances.
How to Tell if Your Lawyer Is Legitimate?
While checking your lawyer’s legitimacy adds an additional step during an already stressful time in your life, it’s relatively straightforward.
Each state, including California, has a registry of all lawyers who have passed the bar and can legally practice law. When you speak with your lawyer, ask them for their full name, and, if it’s a common name, ask for their state bar number. You can then input their name into the State Bar of California’s Attorney Search engine and confirm that the name your attorney gave you matches the bar number. The search engine gives you their office address, contact information, where they went to law school, and their license status.
If the status of the license states Active, and all the information from the website matches the information your attorney gave you, then your lawyer is likely legitimate. You can also see when the lawyer joined the California bar. If the website states they joined over 20 years ago, but the lawyer appears to be around 35, that could be a sign they are not who they say they are.
Choosing the Right Lawyer
If you need a San Francisco personal injury lawyer, you should do some research to ensure you choose the best lawyer for your needs. First, ensure that the lawyer you choose has experience with similar cases to yours. For example, if you suffered a slip and fall injury at a hotel, ask your lawyer about their experience with those types of cases.
Once you’ve confirmed their experience and legitimacy, schedule a free consultation where you can get to know them. If you’re happy with what you read, schedule a free consultation where you can get to know them. During your meeting, be sure to ask questions. Depending on the case, you could need to work with your lawyer for several years, so you want to make sure you feel comfortable discussing personal matters with them.
Another thing to confirm at your consultation is how you can contact your lawyer with questions or concerns about your case. A legitimate lawyer always makes themselves available to their clients and addresses concerns in a timely manner.
Work With a Legitimate, Experienced Personal Injury Firm
If you’re in Northern California and require legal advice about an injury you’ve sustained because of someone else’s negligence, contact Berg Injury Lawyers today. With over 40 years of experience, our team can help you navigate the complicated legal process of filing a personal injury claim and get you the compensation you deserve.
We’re happy to provide any information you would like to prove our legitimacy and encourage you to learn more about our qualifications. If you’d like to learn more about us or determine if your situation allows you to file a lawsuit, call us today to arrange a free consultation.
How to File a Lawsuit With No Money
| February 22nd, 2021
When you’re seriously injured by someone else’s negligence, you may be legally entitled to money to cover all the costs you’re facing because of your injury. But even if you’re already aware of your rights to compensation, you might be reluctant to pursue the money you’re entitled to.
We know and understand the reasons why you might be, but we’re here to tell you that you don’t have to be, especially if you’re worried you can’t afford to file a lawsuit.
Unfortunately, people often wrongly assume that filing a personal injury lawsuit is too expensive for the average Joe to do. That assumption ultimately leaves them paying all the costs for someone else’s mistake out of their own pocket, simply because they never take legal action.
At Berg Injury Lawyers, we believe everyone should know that they won’t be taking on debt when they decide to file a personal injury claim. Here are a few things you should know when filing a lawsuit when you have no money to hire a lawyer.
Find a Lawyer Who Works on a Contingency Fee Basis
Many personal injury attorneys, including those at our firm, work on a contingency fee basis. At Berg Injury Lawyers, our No Fee Guarantee® is a promise that if you don’t win, you pay nothing, and you never have to pay upfront—not even for your initial consultation.
Though filing a lawsuit can be expensive, you’ll be protected from these costs if your lawsuit is unsuccessful—as long as you hire an attorney who works strictly on a contingency fee basis.
Don’t Forgo Medical Treatment Out of Fear You Can’t Afford It
People sometimes don’t get medical treatment after suffering a serious injury because they’re afraid they can’t afford care. Ironically, this failure to get treatment is then used as evidence by insurance companies that someone isn’t actually injured.
If you have health insurance, it’s possible your insurer will cover your medical bills. However, if the injury was caused by someone else, that person’s insurance company should ultimately cover your injury-related bills once they are found to be at fault.
When your health and the viability of a compensation claim are on the line, don’t fail to seek medical treatment just because of the possible expenses you face. Do everything you can to have your injuries treated and documented. You can then demand payment from the at-fault party’s insurer with the help of your attorney. If you inform your healthcare provider you intend to file a lawsuit to reclaim your damages, they may even agree to cover your treatment under a lien rather than send you a medical bill right away.
Resist the Temptation to Accept an Insurance Company’s First Offer
If you have no money, and the at-fault party’s insurance company offers you a quick settlement, you might be tempted to accept it right away. However, that offer is likely far less than you deserve. There’s no way to know how much you’re owed before your medical treatment is complete, but an attorney can help you calculate not only your medical costs but your non-economic damages as well, such as pain and suffering.
Though it might seem like you’re getting money in your pocket right now, it’s likely you’ll eventually lose money when accepting the insurer’s offer, since the settlement may run out before you’ve finished paying your bills.
Know That a Lawsuit Might Not Even Be Necessary
It’s very likely that you’ll receive the compensation you need without ever filing a lawsuit. Most personal injury claims are settled before they go to court when you have an attorney negotiating with the insurance company for you.
You Don’t Have Money? We Can Help You Fight for Compensation.
At Berg Injury Lawyers, we believe that everyone deserves equal access to the legal system, regardless of how much money they make. That’s why we only get paid if you get paid. If you’re looking for a personal injury attorney in San Francisco or Northern California, contact our team today to schedule a FREE case assessment.
What Exactly Is a Catastrophic Injury?
| December 14th, 2020
Catastrophic injury is a term used to describe only the most severe, debilitating injuries. It’s most commonly used in reference to brain and spinal cord damage, though it can also refer to other life-altering permanent injuries.
Attorneys and doctors use the term catastrophic injury to describe the severity of a client’s or patient’s injury. But for injured people, knowing whether an injury is legally or medically considered “catastrophic” can help them understand their path to recovery and their legal options in personal injury claims.
Hallmarks of a Catastrophic Injury
In general, catastrophic injuries include one or more of the following characteristics:- Disability or a loss in function of essential body parts
- Extreme cognitive decline or loss of key cognitive functions
- The need for lifelong assistance to perform routine tasks
- Extreme psychological suffering related to the injury
- Dramatic loss in ability to enjoy life’s pleasures
Traumatic Brain Injuries
Though traumatic brain injuries (TBIs) can include everything from mild brain injuries like concussions to severe brain injuries that dramatically affect a person’s cognitive abilities, catastrophic brain injuries typically refer to the latter type of TBI. Catastrophic brain injuries often impair a person’s reasoning, memory, and personality. In some cases, catastrophic brain injuries also cause some form of physical impairment.Spinal Cord Injuries
Catastrophic injuries to the spine often result in paralysis or, at the very least, a reduced ability to use one’s arms or legs. Paralysis is usually permanent, leaving the afflicted with serious challenges performing routine tasks without assistance. These injuries can also be extremely costly, resulting in millions of dollars in lifetime expenses.Other Injuries Frequently Categorized as Catastrophic
Though serious, debilitating damage to the brain and spinal cord are universally considered catastrophic, other types of injuries are also sometimes called catastrophic because of the serious implications for the sufferer. Those injuries include:- Disfigurement
- Loss of Limbs
- Burns
- Paralysis
- Severe organ damage
- Vision loss
Seeking Damages for Catastrophic Injuries
Catastrophic injury cases are unique. Though some personal injury claims involve comparatively minor injuries, catastrophic injuries have deeply impacted a person’s way of life. Thus, when someone suffers a catastrophic injury and files a personal injury lawsuit, they will typically demand far more in damages than people who suffered a more minor injury. Damages in catastrophic injury cases can include:- Medical expenses: The costs of initial, ongoing, and future treatment for the injury itself, as well as costs for physical therapy, psychological counseling, prosthetic limbs, and any other related expenses.
- Loss of income: This includes the income lost during the period in which the initial injury occurs, as well as the income that the injured person won’t be able to earn throughout the remainder of their life because of their injury, including any raises or benefits they may have been eligible for before.
- Pain and suffering: These costs are called non-economic damages, and they include both the physical and emotional suffering one experiences in the wake of a life-changing injury. These damages are typically very substantial in catastrophic injury claims.
How to Determine Whether You Have a Catastrophic Injury Case
Because catastrophic injury is largely a legal term, the best way to determine whether you have a catastrophic injury claim is to contact an experienced personal injury lawyer in California. It’s important to make sure the attorney knows these types of cases well, so they can give you an informed opinion on whether your injury legally qualifies as “catastrophic.”Let Us Evaluate Your Catastrophic Injury Case
At Berg Injury Lawyers, we know how difficult it can be for an injured person to determine the potential for a successful catastrophic injury claim. That’s why we offer free case reviews to injured people in California. If you or a loved one has suffered a serious injury, and you want to explore your legal options, our personal injury lawyers want to help. Our consultations are free, and you’ll be under no pressure to move forward with a case unless you wish to do so. Contact Berg Injury Lawyers today for a free consultation.What to Do If Injured While Christmas Shopping
| December 7th, 2020
For many people, giving gifts is the most rewarding part of the holiday season. Unfortunately, the chaos at shopping centers that often begins on Black Friday tarnishes that giving spirit and, in the worst of cases, leads to serious consumer injuries.
If you’ve had the misfortune of being injured while shopping or you simply want to know what to do if it happens to you, keep the following tips in mind.
Seek Medical Treatment
It’s most important to get medical treatment as soon as possible. First, you want to be sure your injury is diagnosed and treated by a physician. This will hopefully help you deal with the pain you’re experiencing and prevent the injury from worsening. Getting medical treatment will also establish a record of your injuries – specifically, what they are and when and how they occurred. That will be critical if you need to file a personal injury claim to get compensation for the damages you’re facing from your injury.Document Whatever You Can About How the Injury Happened
If at all possible, take pictures of the scene of the incident that led to your injuries. This means taking pictures of the place where the injury happened, the conditions of the property where it occurred or the injury itself. If there were witnesses to the incident, ask them for their contact information.Talk to a Premises Liability Attorney
Premises liability claims help injured people get compensation when their injuries were caused by conditions of the property. Premises liability claims can also help someone get payment when their injuries were caused by another person on that property, which is typically the case in negligent security claims. A premises liability attorney will be able to determine your best path forward when seeking compensation.If You’re Contacted by an Insurer, Don’t Give Them a Statement
It’s possible that you’ll be contacted by an insurance company representing the party at fault for your injuries. If you’re contacted by an insurer’s representative, do not speak to them. They’ll want to get you on record with a statement, and they’ll use that statement against you if at all possible. Tell the representative to talk to your lawyer and say nothing else.Examples of Shopping-Related Injuries
Causes of shopping-related injuries come in many forms. A few of the most common include:- An attack by one shopper on another
- A slip and fall injury caused by dangerous conditions in the store
- An injury from the product itself
- A negligent driver in the parking lot of a shopping center
Property Owners Have a Responsibility
Property owners must ensure the safety of their premises to reduce the likelihood of an injury. They might fall short of that responsibility when they fail to staff adequate security personnel or when they fail to maintain the conditions of their property. If you’ve been injured while shopping, know that you likely have legal options available. At Berg Injury Lawyers, we can help you determine whether you’re eligible for compensation through a personal injury claim. Contact our California premises liability attorneys today for a free consultation.Can I Sue After a Slip and Fall if a Sign Was Posted?
| November 16th, 2020
If you were injured after slipping and falling but a warning sign was posted, you can still file a lawsuit for your injuries. But several factors will determine whether your case is successful.
Property owners have an obligation to keep people on their premises safe. That legal obligation is called premises liability. Slip and fall cases are the most common type of premises liability cases, and they often involve serious injuries like traumatic brain injuries or broken hips, ankles, or wrists.
All property owners should post a sign if floors are slippery or uneven to let people know conditions aren’t safe. However, simply posting a sign doesn’t automatically absolve a property owner or business from responsibility for the injuries someone suffers.
When Posting a Wet Floor Sign Isn’t Enough
To be effective, a wet floor sign must be visible to people walking on a property. It must also clearly indicate the section of the floor that is slick. So, if a sign is posted but it’s obscured or placed far away from the dangerous area, a person injured on the slick flooring can still make a strong case that the property owner failed to warn people about the danger.Warning Signs Aren’t Always Effective
Wet floor signs, even if they’re placed near slippery surfaces, often go unnoticed. One notable study on the impact of these types of signs found that as few as 7% of people that passed by standard wet floor warning signs even notice them. In some cases, people will move a wet floor sign or inadvertently push them out of the way to the point they’re no longer effective for the other people in the area. In other words, posting a sign and walking away does very little to ensure the safety of people in the vicinity of a slippery floor.After a Fall-Related Injury, Always Explore Your Legal Options
Never assume that you are without a path toward compensation without first speaking to an experienced premises liability attorney. Slip and fall injuries are often caused by a property owner’s negligence, so if you’ve suffered serious injuries, it’s possible you’re owed a significant amount of compensation for the many damages you’ve suffered. Don’t pay the price for someone else’s negligence. You have a legal right to pursue legal options for compensation, and you should exercise that right whenever you need it.We Represent Slip and Fall Injury Victims in Northern California
Slip and fall accidents can cause devastating injuries. We’ve represented many clients in premises liability claims, and we know what it takes to hold negligent property owners accountable for damages facing a fall victim. We want to meet with you to hear the details of your case. We’ll review your legal options and help you determine whether or not you have a case. If you or a loved one has been injured on someone else’s property, contact the California premises liability attorneys at Berg Injury Lawyers for a free consultation.How to NOT Get Taken Advantage of by Insurance Companies
| November 9th, 2020
The insurance industry is one of the most profitable in the U.S. These companies make steep profits, and that’s partly because they frequently offer policyholders and injured people far less than they deserve.
If you’re like us, you don’t like it when multi-million-dollar corporations get away with lowballing everyday people who work hard to pay their policies. As a law firm that regularly goes head-to-head with insurance companies, we can tell you that there are many strategies you can use to fight back.
Let’s look at some tips to make sure you’re not taken advantage of by insurance companies.
Consider Talking to an Attorney
Every day, we talk to people who are being given a raw deal by insurance companies. When someone is faced with the pain and stress of an accident or injury, the last thing they typically want to do is deal with the deadlines, paperwork, and endless legal complications surrounding injury claims and actually getting fair compensation. Simply put, you probably have enough going on in your life without having to worry about playing hardball with the insurance company all by yourself. An experienced attorney can take care of the hard part for you. Whatever you do, don’t accept an insurance company’s first offer without speaking to an experienced attorney.Don’t Speak to Anyone Else’s Insurance Company
After an accident, you might be contacted by someone else’s insurance company. If so, you DO NOT want to speak to them. A representative of that insurance company will want you to make a statement on the record, and they’ll use that statement to find ways to deny your claim and offer you less than you deserve. If you’ve been involved in an accident, you should notify your own insurance company. However, stick to only the basic facts, and avoid giving them any opportunity to offer you less than you’ll deserve. It’s very likely you won’t know how much compensation you’ll need until you get a clear picture of the damages you’ve suffered, which can often take several weeks or months after an accident.Keep Copies and Records of Your Damages
The accident-related expenses you’ll face will likely continue to add up over the days, weeks, and months following the accident. As the costs pile up, you should keep records of how much your injuries are costing you. Keep copies of medical invoices, medication receipts, repair bills, or any other accident-related costs you encounter. Don’t forget to factor in how much income you lose due to your injury, as missed time at work or the inability to work can also be included in the damages you list in your injury claim.Take Your Medical Care Seriously
After an accident, you should always seek medical care if there’s even a chance that you’ve been injured. Injuries often aren’t immediately apparent after an accident, so visiting a doctor helps ensure any injuries don’t worsen before they can be treated. If you’ve suffered an injury, follow all your doctor’s orders and go to all your scheduled appointments, whether they’re check-ins, tests, or physical therapy sessions. Failure to do so could indicate to insurers your injuries aren’t as serious as you claim, and it could also lead to the worsening of your injuries and add to your overall expenses. To thoroughly convey how your injury has disrupted your life, consider keeping an injury journal where you document all the challenges you face and the progress you make in recovery. These notes can help you and your attorney articulate exactly what you’ve gone through because of the accident.Don’t Give Insurance Companies an Easy Win
Remember that everything you do and say publicly will be used by the insurance companies to reduce the compensation you receive. So, it’s vital to be cautious when talking about your accident or injury. This is especially true on social media. Even innocent posts of you enjoying dinner or spending time with friends can be misconstrued by insurance companies. They might claim that your injury hasn’t reduced your quality of life in any significant way. Instead of giving insurance companies this ammunition, refrain from using social media entirely until your claim has been resolved.Don’t Wait Too Long to File a Claim
There are strict time limitations within which you must act in order to protect your rights. These time limits are complex and vary for different types of cases. You should avoid waiting too long before speaking to an attorney. The injury claim process can be lengthy, and the longer you delay taking legal action, the more you could complicate your case. In the days, weeks, and months following your accident, there will be opportunities to maximize the value of your claim and potential pitfalls that could cost you dearly. After you’ve suffered a serious injury in an accident, speak to an experienced, reputable attorney to ensure you’re doing everything you can to get a fair offer from the insurance company.Let Berg Injury Lawyers Help You
If you’ve been injured and you want an attorney to protect you from the insurance company, Berg Injury Lawyers is here to help. We’ve represented thousands of injured people in Northern California, and we know what it takes to get a fair offer for our clients. Contact the California car accident attorneys at Berg Injury Lawyers today to schedule a free consultation.What Is Covered in “Pain and Suffering” in an Injury Claim
| September 28th, 2020
What are the worst parts of living with a serious injury? Most severe injuries are very costly and debilitating. A sufferer might face a stack of medical bills. They might be unable to do their jobs.
But above all else, most people fear the pain and suffering they’ll experience after an injury. Chronic pain and the mental anguish that comes with it become a heavy burden on their lives. They’re obstacles to joy, peace of mind, and meaningful connections with others.
One could easily make the argument that pain and suffering are the worst consequences of a serious injury. Fortunately, when someone files a personal injury claim, they can include pain and suffering as part of the damages they’re owed, in addition to the “economic” damages like medical bills and lost income.
What’s Included in Pain and Suffering?
Pain and suffering are considered non-economic damages, as opposed to economic damages, such as medical bills, property damage, and lost income. Non-economic damages include the physical pain caused by an injury. But they can also include emotional suffering, such as:- Depression
- Grief
- Anxiety
- PTSD
- Diminished quality of life
- Insomnia
- Humiliation
