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The Importance of Documentation in a Car Accident Claim

by Staff Blogger | April 24th, 2023

Car accidents can be traumatizing and may result in significant financial losses. Documentation is critical when making a car accident claim because it provides detailed evidence of the accident and resulting damages.

Knowing which documents you need and how to organize them for your attorney can help you file an efficient claim for compensation. The attorneys at Berg Injury Lawyers can help you gather the necessary paperwork and submit your claim to win a fair settlement.

Essential Documents for Your Car Accident Claim

Filing a car accident claim requires specific documentation that details the incident, your injuries, and insurance coverages for those involved. If you plan to file a car accident claim, you will need documents regarding the following:

  • Photographic Evidence

When involved in a car accident, document the scene with photographic evidence to support your claim. Take clear and detailed photos of the vehicles involved, including any damage sustained and the license plates.

Capture images of the accident scene, including any debris or skid marks, and take pictures of injuries sustained by yourself or others involved in the accident. Also, snap photos from different angles and distances to provide a comprehensive view of the incident.

  • Medical Records

If you are injured in an accident, document all medical treatment you receive. This documentation includes copies of medical bills, hospital records, and receipts for medication and other treatments like rehabilitative care. These records can help establish the severity of your injuries and the amount of compensation you may be entitled to.

When documenting your medical treatment, be thorough. Aside from billing and records, keep copies of reports from your doctor, such as X-rays or CT scans. Record time that you have taken off work due to medical reasons as this documents loss of income you can add to your claim.

  • Witness Statements

Witness statements can be invaluable in supporting your claim. When an accident occurs, note any witnesses’ names and contact information. Ask them to write down or video them speaking about what they saw or heard. This information can help establish who was at fault for the accident.

When speaking with witnesses, be respectful and non-confrontational. Start by introducing yourself and explaining that you are involved in a car accident. Then ask if they saw what happened and if they would be willing to provide a statement. If they are willing to give a statement, ask for their contact information so your lawyer can follow up if needed.

  • Police Report

In most cases, the police will be called to the accident scene. Work with your attorney to obtain a copy of the police report, which can provide critical details about the accident, such as who was at fault and whether any citations were issued.

When obtaining a copy of the police report, ask for the entire report, not just the summary. It should include information about the location, time, date, and weather conditions at the time of the accident. The report should also include the officer’s name and badge number, a description of the vehicle damage involved, and any witness statements collected at the scene.

  • Insurance Documentation

Keep copies of all correspondence with your insurance company, including emails, letters, and phone calls. This documentation helps ensure you receive the full compensation that you are entitled to.

When speaking with your insurance company, keep a detailed record of the conversation. Note the date and time of the call, the name of the person you spoke with, and a summary of what was discussed. If the insurance company sends you any documents, such as a settlement offer, keep a copy for your records and share them with your attorney.

How to Gather and Organize Your Documents

To effectively gather and organize documentation for your car accident claim, start by collecting and keeping important information in one place. You will receive documents at different times during your case, so having an effective organizational strategy helps ensure you promptly share records with your lawyer.

  • Keep all documents related to the accident in one place, such as a folder or binder.
  • Label each document with a clear and concise description.
  • Organize the documents in chronological order, with the most recent document on top.
  • Keep a copy of all documents for yourself and provide a copy to your legal representation if you have one.
  • Separate documents by category, such as medical bills, police reports, and correspondence with insurance companies.
  • Use dividers or tabs to separate different categories of documents.
  • Create a spreadsheet or list of all the documents you have collected to ensure you have everything you need.
  • Make sure all documents are legible and easy to read.
  • Consider making digital copies of all documents for backup purposes.
  • Keep all records up-to-date and add new ones as they become available.

Organizing your car accident-related documents for a claim can help you win a better settlement. It ensures you don’t lose vital evidence for your case and that your attorney has the information they need to help prove your claim to the insurance company for a settlement.

Find a Lawyer to Help Your Case

Documentation is critical when making a car accident claim. By gathering and preserving the necessary information, your attorney can file a well-supported claim that helps you receive the compensation you deserve.

Our California car accident attorneys at Berg Injury Lawyers can help you gather the documents you need to file your car accident claim. We have won millions for car crash victims in California and will use our experience to get you compensation for your injuries. Contact us today for a free, confidential consultation.

How to Get Someone’s Car Insurance Information After a Crash

by Staff Blogger | April 17th, 2023

Originally published on April 27, 2020.

Whether you forgot to collect the other driver’s insurance information at the scene, lost it after the fact, or were the victim of a hit-and-run, you might be wondering how to obtain someone else’s car insurance information. The access you have to this information depends on the circumstances. Let’s take a closer look.

STEPS FOR GETTING SOMEONE’S CAR INSURANCE INFORMATION AFTER A WRECK 

There are three main approaches to obtaining this information:

  1. After a crash, exchanging insurance information is one of the most important steps to take after checking for injuries. In most cases, the other driver will likely agree to exchange information without much hassle.
  2. After a collision, the police should be called to respond to the scene and to file an accident report. While completing this report, the responding officer will write down the insurance information of each driver involved in the accident. If the officer filing the report doesn’t give you a copy of the report in person, you can get a copy by submitting a request to the police department. You can do this yourself, or, if you’ve hired an attorney, they can request the information on your behalf.
  3. If you file a lawsuit, you or your attorney can request the information as part of the discovery process of that legal action. It’s worth noting that your own insurer can also be useful in this process. After you report the crash to your insurance company, which you should do as soon as possible after the wreck, even if you weren’t at fault, your insurer will seek more details about the scope of the other driver’s policy. 

Obtaining another driver’s car insurance information after a crash is crucial for resolving any potential disputes and ensuring fair compensation. By exchanging information with the other driver, referencing the police report, or utilizing the lawsuit discovery process, you can secure the necessary information to protect your interests.

WHAT INFORMATION SHOULD YOU GATHER AFTER A CAR ACCIDENT?

The more information you obtain, the easier the claims process will be. If possible, get the following information from the other driver (and any passengers):

  • Name
  • Address
  • Phone number
  • Insurance provider
  • Insurance policy number
  • License number
  • Registration information
  • Vehicle make and model
  • License plate number

At the bare minimum, you want the other driver’s name, contact information, and insurance policy number. You can also note the location and time of the crash. If there were any witnesses to the crash, gather their names and contact information.

WHAT IF THE OTHER DRIVER REFUSES TO GIVE YOU INSURANCE DETAILS?

If the other driver refuses to give insurance details, notify the police. The police officer who responds to the scene will have taken their insurance information to put in their report, which means you will have access to the information you need to file a claim.

DOES A POLICE REPORT INCLUDE INSURANCE INFORMATION?

Yes, the police report will include insurance information from all drivers involved in the accident. It will also contain any relevant facts uncovered by the responding officer, including:

  • Date
  • Time
  • Weather conditions
  • Crash diagrams
  • Vehicle damage
  • Any violations of the drivers

In some cases, the police report includes the opinions of the officer. It’s important to obtain a copy of the police report after a crash. The report is an information-rich document that is essential for any claims that stem from the crash.

GETTING INSURANCE INFORMATION AFTER A HIT-AND-RUN ACCIDENT

Getting insurance information after a hit-and-run is difficult. If you managed to obtain the vehicle’s license plate number, you can report it to the police. Even if you don’t get the license plate, providing the police with the vehicle type and color can help identify the driver.

If you have no information about the hit-and-run driver, you should still notify the police (hit-and-runs are misdemeanor crimes in California) and your insurance company. Hit-and-run victims can often get compensation from their own insurance companies when the identities of the other drivers are unknown.

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WHEN TO CONTACT A CAR ACCIDENT ATTORNEY 

If you’ve been involved in a crash, it never hurts to explore your legal options. The greater your damages, the greater your need for experienced legal representation. Remember that the other driver’s insurance provider will seek every opportunity to lessen the perceived fault of their policyholder. If possible, they’ll shift blame onto you and look for ways to deny you the compensation you deserve.

However, each step of the claims process, beginning with the information-gathering process immediately following the crash, also presents you with opportunities to build a solid case for compensation. By contacting an attorney early in the process, you’ll maximize your chances of getting the total compensation you need.

IF YOU NEED AN ATTORNEY, CONTACT BERG INJURY LAWYERS

The California auto accident attorneys at Berg Injury Lawyers know what to do after an accident. The sooner you put us on your case, the more work we can take off your plate. Whether you were recently involved in a crash or you are partway into the claims process, contact a lawyer for help. If you need assistance getting someone’s insurance information or you want someone to handle correspondence with the other driver’s insurer, our California personal injury lawyers can help; we have offices in Alameda, Sacramento, Modesto, and Fresno. Contact us today to schedule a free consultation.

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.

Motorcycle Accident Statistics in California: What the Numbers Tell Us

by Staff Blogger | April 10th, 2023

California is a prime destination for motorcyclists due to its pleasant weather and open roads. Unfortunately, it’s also a leading state in motorcycle accidents, with numerous life-altering injuries and fatalities each year.

Understanding the dangers of motorcycle riding and common accident causes can help you stay safe on the road. Contact the California motorcycle accident attorneys at Berg Injury Lawyers if you are involved in a motorcycle crash. We have the resources and experience to help you maximize your compensation for your injuries.

California Motorcycle Accident Statistics

According to the Insurance Institute for Highway Safety (IIHS), there were 952,977 motorcycles registered in California in 2021. This means the Golden State has the highest number of registered motorcycles in the county.  

Unfortunately, California also has the second-highest annual motorcycle fatalities in the nation, with 539 deaths in 2020. This is a 58% increase over 2010 fatalities and 20% over those in 2015. The state also saw 10,122 motorcyclist injuries in 2021.

Causes of Motorcycle Accidents

Motorcycle accidents occur for several reasons, including lane splitting, driving under the influence, and speeding. In California, these accidents can lead to devastating injuries for motorcycle riders and passengers.

Lane Splitting

Lane splitting has been legal in California since 2017; however, it puts motorcycle riders at an increased risk of an accident. The most recent study on lane splitting in California found that 17% of motorcycle collisions between 2012 and 2013 involved lane splitting.

Lane splitting can be dangerous for motorcyclists because it reduces space for maneuvering a motorcycle. It also puts riders at risk of aggressive or negligent behavior from other motorists.

For example, drivers may intentionally try to push a lane-splitting motorcyclist off the road. They may also forget to check their blind spot when switching lanes on the highway, hitting the motorcyclist when changing lanes.

Speeding

Speeding is one of the most common causes of traffic accidents nationwide. The NHTSA reports that speeding resulted in 11,258 fatalities in 2020.

California saw 1,228 speeding fatalities in 2020, reflecting a worrying trend of increased speeding deaths. According to the California Office of Traffic Safety (CA-OTS) numbers,  speeding fatalities have increased by 16.3% since 2016 and 28.7% since 2012.

Motorcyclists are particularly vulnerable to speed-related accidents due to their lack of protection. Speeding in wet or rainy conditions can further increase the risk of accidents as it reduces visibility, decreases traction, and increases braking distance. This makes it crucial for motorcyclists to practice safe riding habits, especially in adverse weather.

Driving Under the Influence (DUI)

In 2020, the NHTSA recorded 1,159 fatalities from drunk driving in California. CA-OTS data indicates these numbers are 8.7% higher than in 2019 and 3.9% higher than in 2018.

In California, it is illegal for adults over 21 to drive with a Blood Alcohol Concentration (BAC) of over 0.08%. However, a BAC as low as 0.02% can begin impairing a rider’s driving skills.

Driving under the influence of drugs or alcohol significantly increases the risk of motorcycle accidents. Alcohol impairs drivers’ judgment, vision, and reaction time, making it more difficult to avoid hazards on the road. This applies to both motorcycle riders and vehicle drivers.

Schedule a Consultation with Berg Injury Lawyers

A motorcycle crash is devastating to its victims. From medical bills and lost wages to the significant emotional and psychological toll on riders and their families, dealing with the aftermath of a motorcycle accident can be challenging.

Seek legal representation from expert motorcycle attorneys today so you have the support you need to win a fair settlement for your injuries. 

Contact Berg Injury Lawyers today to schedule a free consultation. Our legal team stands up for the rights of motorcycle riders in the Golden State and will work hard to get you the compensation you deserve after an accident.

Wrongful Death Claims: What They Are and How to Establish One in California

by cjadmin | April 4th, 2023

Losing a loved one is a painful experience that can be made worse if their death was caused by someone else’s negligence. In such cases, the surviving family members or heirs of the deceased can file a wrongful death claim to seek compensation for the damages they have suffered due to their loved one’s death.

Knowing your rights as a surviving family member and how to establish a wrongful death claim can help you get compensation for your loved one’s death. The compassionate attorneys at Berg Injury Lawyers can guide you through your legal options and help you file a wrongful death claim.

What Is a Wrongful Death Claim?

When a lawsuit is brought against a person or entity whose negligent or intentional act caused someone’s death, it is considered a wrongful death claim. In California, wrongful death claims differ from survival actions, which are brought by the deceased person’s estate for damages the decedent suffered before they died.

In wrongful death cases, the deceased’s heirs file a wrongful death claim to seek compensation for the losses they have suffered as a result of their loved one’s death, such as financial support and companionship.

You can file a wrongful death claim if you are the deceased’s surviving spouse or domestic partner, children, issue of deceased children, or the person entitled to the decedent’s property under intestate succession.

Elements of a Wrongful Death Claim in California

You must prove several elements against the negligent party to establish a wrongful death claim in California. You can work with your attorney from Berg Injury Lawyers to show the following four elements:

  • Negligence: The defendant had a duty of care towards the deceased person.
  • Breach of Duty: The defendant acted negligently or recklessly, breaching their duty of care.
  • Causation: The deceased person’s death was directly caused by the defendant’s breach of duty.
  • Damages: The plaintiff has suffered damages as a result of the deceased person’s death.

How to Prove Liability in a Wrongful Death Claim

Proving liability in a wrongful death claim requires gathering evidence to support the four elements. Evidence that you and your attorney can use to establish liability includes:

  • Police Report

An official police report of the accident or incident that caused the death can provide valuable information about what happened. For example, if your loved one died in a car crash with a drunk driver, the police report may contain details about BAC or field sobriety testing that proves negligence.

  • Medical Records

Medical records can help establish the extent of the deceased person’s injuries and the medical treatment they received before they died. For instance, if your loved one developed lung cancer due to working with asbestos, your attorney can use medical records to show the progression of mesothelioma and hold their employer responsible.

  • Video or Photos from the Accident Scene

Video or photos taken at the accident scene can provide visual evidence of what happened and who was involved. If your loved one died in a car accident, you can take pictures of the crash site, including traffic lights and signs, property damage, skid marks, and weather conditions to prove the other driver was speeding, causing the collision due to recklessness.

  • Eyewitness or Expert Testimony

Eyewitnesses who saw what happened can provide testimony about the events leading up to the death. Expert witnesses can provide their professional opinion about how the death occurred.

  • Grief Counseling and Personal Records

Records of grief counseling and financial support can show the impact of the deceased person’s death on their surviving family members. You can share payment receipts for therapy, attendance to grief support groups, and personal records like a journal to show the emotional impact of your loved one’s death on your life.

Recoverable Damages in a Wrongful Death

As a family member of a wrongful death victim, you are entitled to specific compensation under California law. These damages include economic, non-economic, and sometimes punitive damages.

Economic Awards

Economic damages refer to the monetary losses that the surviving family members or heirs of the deceased person have suffered due to their loved one’s death. Some examples include:

  • Medical expenses
  • Loss of future wages
  • Pain and suffering
  • Funeral and burial expenses
  • Loss of benefits such as medical insurance or pension

Non-Economic Awards

Non-economic damages are damages that are not directly tied to a specific financial loss but instead to the emotional and psychological impact that the wrongful death has had on the surviving family members or heirs.

  • Loss of consortium
  • Mental anguish, or pain and suffering of loved ones
  • Loss of companionship, love, and society
  • Loss of guidance, care, advice, and nurturing

Punitive Damages

You cannot receive punitive damages in California in a wrongful death claim. However, the law does allow punitive damages for some survival action claims by showing that the decedent suffered tangible losses, such as medical expenses or lost wages, before they died.

A Lawyer Can Help You Seek Damages in Your Wrongful Death Lawsuit

It can be a challenging time if you have lost a loved one due to someone else’s wrongdoing. However, seeking compensation through a wrongful death lawsuit can help you and your family find closure and recover damages for your losses.

California wrongful death attorneys can help you navigate the legal system and help ensure you receive the compensation you are entitled to.

The attorneys at Berg Injury Lawyers can provide you with experienced and empathetic legal representation. Contact us today to schedule a free consultation and learn how we can help you seek financial compensation for your loved one’s wrongful death.

Common Types of Brain Injuries from Car Accidents

by Staff Blogger | March 27th, 2023

Motor vehicle accidents are the leading cause of traumatic brain injury (TBI) deaths in adults between 20 and 24 and are the third leading cause of TBIs nationwide. While TBIs can be classified as mild, moderate, or severe, they are all serious medical conditions that require prompt diagnosis and treatment. 

You may be entitled to financial compensation if diagnosed with a TBI after a car accident. An experienced California car accident lawyer from Berg Injury Lawyers can help you recover damages. 

How Brain Injuries are Diagnosed

Accurately diagnosing a brain injury is critical for ensuring you receive the proper treatment and care. A comprehensive evaluation is necessary to determine the type and severity of the injury and develop a treatment plan.

Your doctor will perform a physical examination and review your medical history to assess the presence of a brain injury. They may also conduct diagnostic tests, including:

  • CT scan: A CT scan uses X-rays to create detailed brain images to identify any signs of injury.
  • MRI: An MRI uses strong magnetic fields and radio waves to produce detailed images of the brain, allowing the doctor to see any damage.
  • Neuropsychological Testing: This testing evaluates cognitive function, including memory, attention, and problem-solving skills.
  • EEG: An EEG records the brain’s electrical activity to assess its functioning and identify the presence of an injury.

Treatments Available for Traumatic Brain Injuries

The goal of treatment for a traumatic brain injury is to help you regain as much function as possible and minimize the injury’s long-term effects.

  • Physical Therapy: Physical therapy helps you regain strength and coordination and improves balance and mobility.
  • Occupational Therapy: Occupational therapy helps you relearn daily activities, such as dressing, eating, and grooming.
  • Speech and Language Therapy: Speech and language therapy improves communication skills and helps you overcome speech and language difficulties.
  • Cognitive Therapy: Cognitive therapy improves your memory, attention, and problem-solving skills.
  • Medications: Pain relievers, anticonvulsants, or antidepressants, manage your symptoms and promote healing.

Types of Traumatic Brain Injuries

A traumatic brain injury does not describe just one injury but is a category that encompasses several types of damage. The kind of brain injury can determine the symptoms and the prognosis for recovery.

  • Concussion. Concussions occur when the brain experiences a sudden, jarring impact and can cause headaches, blurred vision, nausea, and ringing in the ears. Long-term post-concussive symptoms occur in approximately 10-15% of patients, including memory problems and intense sensitivity to light and sound.
  • Skull fracture. A skull fracture is a break in one or more bones. Symptoms include disorientation, clear fluid running from the nose and ears, cranial swelling, and bruising around the eyes. Around 33% of people who sustain a severe head injury like a skull fracture do not survive, while 25% sustain some form of permanent disability.
  • Brain contusion. Brain contusions can occur when the head experiences a direct impact from a collision or is violently jerked forward, backward, or to the side. The force of the impact can cause the brain to collide with the skull, leading to bruising and swelling.
  • Hematoma. Hematomas, or collections of blood outside of blood vessels, often result from car accidents. Around 16 million subdural hematomas occur annually due to road crashes, with 1.25 million being severe. They can happen in the head, neck, or chest due to blunt force trauma from the impact of the collision. Hematomas pressure surrounding tissue, disrupt normal brain function and cause brain damage or death.
  • Diffuse Axonal Injuries (DAI). DAI occurs when the head experiences a rapid acceleration or deceleration force, such as in a high-speed collision. This force causes the brain’s axons (nerve fibers) to stretch and tear, leading to widespread brain damage. In severe cases, DAI can cause loss of consciousness, coma, or persistent vegetative state. Around 10% of people admitted to the hospital with a TBI suffer from a DAI, 25% of which result in death.

Available Resources for TBI Victims

For accident victims suffering from the effects of a TBI, receiving support and rehabilitative services can help them rebuild their lives after an accident. The following organizations provide resources to those suffering from TBIs:

Contact Berg Injury Lawyers for a Free Consultation

If you have recently suffered a head injury in a car crash, now is the time to reach out to a qualified car accident attorney. At Berg Injury Lawyers, we understand how serious injuries can affect your quality of life, finances, and relationships with loved ones.

We can help you get compensation for your TBI treatment, lost wages, and pain and suffering by gathering evidence to build your case, negotiating with the insurance company, or going to court.  

Don’t struggle with physical pain and medical bills alone; contact our legal team to schedule a free consultation. Our team will support you every step of the way.

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.

The Role of the California Highway Patrol in Investigating Truck Accidents

by Staff Blogger | March 21st, 2023

Three state highways cross Modesto, CA: 99, 108, and 132. Highway 99 is a major route for trucks. Since heavy trucks generate incredible amounts of force in collisions, truck accidents can be particularly severe, often causing catastrophic injuries.

In an emergency, the California Highway Patrol (CHP) directs traffic under Section 2410 of the California Vehicle Code (CVC). CHP’s command designation gives them responsibility for the incident scene and traffic impacts associated with other agencies’ involvement.

CHP investigates and analyzes significant truck accidents in Modesto. An investigation involves the reconstruction of an incident and studies possible contributing factors. The ultimate goal is to identify what causes big truck accidents  and prevent them from reoccurring.

When you have been in a truck accident, you need an experienced Modesto truck accident attorney to protect your legal rights and maximize your financial recovery.

Following are the specific roles of the California Highway Patrol in investigating truck accidents.

Assistance with Traffic Control

CHP department representatives work together to restore normal traffic flow through appropriate response measures and methods. The method depends on the individual truck accident and the objectives.

CHP’s responsibility is to direct traffic in the short term until conditions stabilize or until Caltrans implements the necessary long-term traffic control measures.

A CHP officer can control traffic using hand signals, flare patterns, cones, or other techniques. In these circumstances, traffic is temporarily redirected pending improved conditions or installation of traffic signs, barriers, and other control devices to alleviate traffic congestion.

CHP promptly ensures that the traveling public is kept safe when a critical emergency requires traffic control.

When you are involved in an accident on a California state highway, the California Highway Patrol (CHP) will investigate and file an accident report. When pursuing an injury claim, the contents of the accident report are crucial to the defense of the responsible driver.

Collecting Accurate and Timely Evidence After Truck Accidents

CHP investigates truck accidents in Modesto to gather factual evidence for due process and statistical analysis. They may restrict unauthorized individuals from entering the investigation area to assist them in performing this duty.

They will collect evidence, preserve property, and provide emergency medical care to those in need. If a truck collision or damage to a highway facility results in significant traffic, CHP will notify Caltrans immediately.

Caltrans personnel are responsible for repairing the damage and restoring normal operations to the facility. California Highway Patrol provides Caltrans with copies of collision reports on state highways to be evaluated for:

  • Safety and operational improvements
  • Repair
  • Maintenance
  • Recovery of damage costs from responsible parties

Caltrans and the CHP communicate when frequent collision locations are recognized to determine mitigation measures.

At first, it may seem difficult to understand a CHP traffic accident report. But with the help of a truck accident attorney, Modesto residents may better understand what the report means for their case.

Get in touch with a Modesto truck accident attorney with experience handling truck accident cases immediately so you never have to guess your way through the process.

Investigations to Ensure Public Safety

The California Highway Patrol and Caltrans have developed several unique programs to improve safety and provide motorists with service. Safety is the number one priority in both departments and is a central part of their mission.

Policy statements specify the responsibilities associated with those programs. CHP and Caltrans work together to implement immediate corrective actions when a situation or circumstance in the transportation infrastructure poses a threat to motorist safety.

These plans are examples of implementing public education programs or modifying engineering priorities. For example, to become an integral part of CHP’s Multidisciplinary Accident Investigation Teams (MAIT) Program, Caltrans engineers receive training from CHP. As part of the MAIT Program, CHP supervises Caltrans engineers.

CHP provides a completed Multidisciplinary Accident Investigation Teams (MAIT) report to Caltrans’ Legal Department, and as part of MAIT, CHP coordinates media relations activities. When MAIT responds to a truck accident, CHP notifies the Caltrans team member.

Where the MAIT investigation exceeds 30 days, CHP informs Caltrans through a Caltrans team member and provides an estimated completion date. CHP field supervisors carry out their investigation duties to prevent unnecessary motorist delays.

Contact a California Freeway Truck Accident Lawyer

It is the responsibility of the California Highway Patrol (CHP) to operate the state highway network. As part of its mission, the Department is dedicated to providing the public with the highest level of mobility, safety, and security. They achieve this through effective traffic control, incident management, and quick incident resolution. Our team of experienced truck accident attorneys in Modesto can assist you if you have been injured in a truck accident in Modesto or lost a loved one. Contact us today at Berg Injury Lawyers Modesto offices for a free consultation.

How Are Damages in a Motorcycle Accident Case Calculated?

by Staff Blogger | March 20th, 2023

Motorcycle accidents can have a devastating impact on the lives of riders and their families. The physical, emotional, and financial consequences of a motorcycle accident can be overwhelming, making it essential to understand the process of calculating damages to ensure that you are fully compensated for your losses.

The California motorcycle accident attorneys at Berg Injury Lawyers can provide a comprehensive overview of how damages are calculated in a motorcycle accident. From economic to non-economic damages, we will cover the various factors used to calculate your compensation so you get a fair settlement for your losses.

Risks to Motorcyclists on the Road

Motorcyclists face unique risks on the road, such as being hit by larger vehicles and not being seen by other drivers due to poor visibility, inattention, or carelessness.

There is little protection besides a helmet or riding gear between motorcycle riders, the pavement, or other vehicles. This makes them more likely to suffer serious and life-altering injuries, such as traumatic brain injuries, road rash, broken bones, and spinal cord injuries.

Potholes, gravel, and other road hazards also pose a risk to motorcyclists, and distracted drivers often don’t see motorcyclists and collide with them when changing lanes or turning. The National Highway Traffic Safety Administration states that one-third of all multi-vehicle motorcycle crashes result from other drivers turning into the motorcycle’s path.

Types of Damages

Calculating damages in a motorcycle accident is a complex process that requires a thorough understanding of the various factors involved.

Economic damages, such as medical expenses and property damage, can be easily quantified, while non-economic damages, such as pain and suffering, are more subjective and require a formula or multiplier to calculate.

Additionally, exemplary damages may also be awarded to punish the at-fault party and deter similar behavior in the future. California Civil Code 3294 states that a negligent party that acts with malice, fraud, or oppression may be liable for these damages. In a motorcycle accident, this could refer to an aggressive driver who tried to run you off the road or someone who drove under the influence and caused the crash.

  • Economic Damages

Economic damages refer to quantifiable financial losses, such as lost wages, medical expenses, future earnings, and property damage.

We can use documents like medical receipts, pay stubs, and mechanic repair bills to calculate your economic damages. These figures provide the total financial losses for your case and set a baseline for determining non-economic damages using the multiplier or per diem calculation method.

  • Non-Economic Damages

Non-economic damages are more subjective and relate to intangible harm such as pain and suffering, loss of enjoyment of life, emotional distress, and loss of companionship.

How an Attorney Can Help

Hiring an attorney with Berg Injury Lawyers after a motorcycle crash can help ensure you receive a fair settlement for your injuries. Our skilled legal team will use our knowledge of motorcycle injuries and California insurance laws to calculate your total damages, including economic and non-economic losses.

We can help you prove the seriousness of your injuries with evidence such as photographs and expert testimony and negotiate with the insurer to get you the highest possible settlement to pay for your current and future losses.

  • Prove the Seriousness of Your Injuries

Serious injuries like traumatic brain injuries, disfigurements, or spinal cord injuries often result in a longer recovery time and ongoing medical treatment or rehabilitation services.

For example, the estimated lifetime cost of paraplegia at 25 years old is about $2,524,270; if you sustain an injury that results in paraplegia, we’re able to calculate current and future medical costs.

We use medical records, treatment logs, and X-ray or MRI diagnostic test results to prove your damages and show why you deserve a maximum settlement.

  • Maximize Your Compensation

The nature of your injuries, length of recovery time, and impact on your daily life influence your compensation award. We use these factors to negotiate with the insurance company for an appropriate payout.

We will demonstrate how your injuries affect your ability to enjoy your daily life and maintain relationships. Journal entries, mental health assessments, and witness testimony from family and friends are excellent ways to establish how your injury has impacted your life.

We will seek maximum compensation for your pain and suffering by negotiating with the insurer and taking legal action if necessary. 

Get Fair Compensation for Your Motorcycle Accident Injuries

When your life has been turned upside down, you need help. Seek the assistance of a motorcycle accident attorney at Berg Injury Lawyers to ensure that your damages are properly calculated and that you are fully compensated for your losses.

By having a qualified and experienced law firm on your side, you can focus on healing while we recover the compensation you deserve. Contact us for a free case review to learn your legal options and start the claims process.

How to Avoid Overexertion Injuries at Work

by Staff Blogger | 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.