How Earthquakes Can Impact Personal Injury Claims in California

by Staff Blogger | July 3rd, 2023

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

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

Earthquakes and Personal Injury Law: A Shaky Relationship

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

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

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

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

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

What Are the Possible Injuries During an Earthquake?

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

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

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

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

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

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

Special Considerations for Earthquake-Related Injury Claims

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

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

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

Explore Compensation Options for Your Earthquake-Related Injuries

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

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

Understanding the Duty of Care for Pool Owners in California

by Staff Blogger | June 26th, 2023

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

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

Premises Liability for Pool Owners

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

• Installing and Maintaining Safety Barriers

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

• Removing Hazards From the Pool and Surrounding Area

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

• Providing Appropriate Safety Equipment

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

Consequences of Not Maintaining Pool Safety for Visitors

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

• Liability for Injuries

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

• Potential Fines and Criminal Charges

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

Tips for Maintaining a Safe Environment for Pool Visitors

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

• Implementing Safety Policies and Procedures

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

• Conducting Regular Safety Inspections

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

• Providing Proper Training to Pool Staff

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

Get Legal Help if You Were Injured in a Pool Accident

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

The First Steps to Take for a Survival Action Claim

by Staff Blogger | June 19th, 2023

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

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

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

What Is a Survival Action?

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

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

The First Steps of Your Survival Action Claim

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

• Gather Medical Bills and Records

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

• Identify the Legal Representative of the Estate

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

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

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

• Speak with an Attorney

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

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

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

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

Types of Recoverable Damages

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

• Medical Expenses

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

• Lost Wages

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

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

• Pain and Suffering

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

Speak With a Knowledgeable Attorney About Filing a Survival Action Claim

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

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

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

Parking Lot Right-of-Ways in California: What to Know

by Staff | June 16th, 2023

Originally published December 6, 2021.

Auto accidents can happen at any time and anywhere. Due to the busy nature of parking lots, minor accidents are quite common. There are over 50,000 accidents in parking lots and parking garages every year. This is usually because one or more drivers are not paying proper attention to what is happening around them.

In extremely busy parking lots with high volumes of pedestrians and other vehicles, it’s easy for drivers to become confused about who has the right of way. Read on to learn more about California’s right-of-way rules and how they apply within parking lots.

WHO HAS THE RIGHT OF WAY?

In California, the default rule for parking lots is that the driver who is in the flow of traffic has the right of way. This means the driver traveling in the main lane has the right of way over individuals pulling out of parking spaces or feeder lanes. Feeder lanes have the right of way over vehicles backing out of a parking spot.

A driver exiting a parking space is responsible for stopping, checking for oncoming traffic, and pulling out of the space only when they have sufficient time and room to do so safely.

At an uncontrolled intersection in a parking lot, the first car to stop at the intersection typically has the right of way. All parties should stop and then proceed slowly in the order in which they arrived at the intersection.

If two drivers arrive at an intersection at the same time, the driver on the left should yield to the driver on the right. Remember to use your turn signals even in a parking lot to communicate with other drivers.

Some parking lots have one-way lanes with directional arrows; for the safety of all drivers, it’s critical to pay attention to these markings and travel in the direction indicated.

If two drivers are vying for the same parking spot, a driver crossing a traffic lane must yield.

Just like on the road, pedestrians have the right of way in parking lots. You must yield to pedestrians who are crossing in the parking area, especially at designated crosswalks.

WHAT ARE THE MOST COMMON ACCIDENTS IN PARKING LOTS?

Fortunately, most of the parking lot accidents are at slow speed and tend to be minor incidents. The types of accidents that may occur in parking lots are:

• Driving the wrong way down a one-way lane
• Backing out of a parking space without looking
• Rear end collisions due to cars stopping suddenly
• Driving at unsafe speeds
• Turning sharply in front of oncoming vehicles
• Driving through a crosswalk or stop sign
• Distracted driving due to looking for an open parking space rather than the road ahead

The chances of serious injuries increase when the accident occurs at high speeds or involves a pedestrian. A pedestrian involved in a collision with a vehicle may suffer a range of injuries from the relatively minor, like bruises, to catastrophic, like a serious injury to the head or back.

What to Do After an Parking Lot Accident

If you are involved in a motor vehicle accident in a parking lot, make sure you:

• Take photographs of the scene, the position of the vehicles, and any injuries you have sustained.
• Record the names, addresses, and telephone numbers of any independent witnesses.
• Get the other driver’s name, address, license number, and insurance details.
• Visit your doctor as soon as possible and seek medical advice on any injuries, however minor they may seem.
• Notify your insurance company of the accident.

If you suffer an injury in a parking lot accident, it’s best to seek legal advice from a personal injury lawyer as soon as possible. They can safeguard your rights and pursue a compensation claim on your behalf.

CAN THE OWNER of the parking lot BE LIABLE?

In California, property owners may be held liable for injuries caused by the dangerous conditions of their properties, and this includes owners of parking lots. A parking lot owner may be liable for many reasons, including:

• Failing to make necessary repairs (such as fixing potholes)
• Failing to mark directions of travel in lanes
• Failing to mark crosswalks for pedestrians
• Inadequate lighting
• Failing to provide sufficient staff or staff training (such as what staff should do in the event of an injury or accident)

If you were in a parking lot accident and think you were a victim of a parking lot owner’s negligence, your best is to contact an experienced parking lot accident attorney as soon as possible. Your ability to obtain adequate compensation might hinge on the decision.

CONTACT A CAR ACCIDENT ATTORNEY AT OUR LAW FIRM TODAY

If you have suffered an injury in a parking lot due to the negligence of another driver or the parking lot’s owner, contact our firm and seek legal advice to protect your rights. You may be eligible for damages if, for example, another driver failed to yield the right of way, resulting in your injuries.

California car accident lawyers at Berg Injury Lawyers offer a no-obligation, free attorney consultation and help you pursue the compensation you are entitled to. Contact our law firm today to get started.

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

by Staff Blogger | June 12th, 2023

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

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

What Is Premises Liability?

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

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

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

Common Causes of Premises Liability Claims

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

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

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

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

How Businesses Protect Themselves from Liability Claims

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

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

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

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

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

Seek Help with Your Claim

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

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

The Benefits of Hiring a Lawyer for Your Motorcycle Accident Case

by Staff Blogger | June 5th, 2023

Motorcycle accidents can have devastating consequences, resulting in physical injuries, emotional trauma, and significant financial losses. Even the most experienced and cautious riders can be injured due to another’s negligence. If you are involved in a motorcycle accident, seeking legal representation is crucial to protecting your interests and pursuing compensation.

A California motorcycle accident lawyer from Berg Injury Lawyers can help you navigate the legal system, investigate the accident, negotiate with insurance companies, and represent you in court. Seeking fair compensation for your injuries can help you pay for necessary medical treatment and offer financial support after a crash.

Motorcycle Accident Cases and the Law

According to the National Highway Traffic Safety Administration (NHTSA), in 2020, motorcyclists were roughly 28 times more likely to be involved in a fatal accident than occupants of passenger vehicles per mile traveled. This increased risk for severe injuries and fatalities is due to factors such as the lack of protection offered by motorcycles and their smaller size, which makes them more challenging to see.

In addition to the physical risks, motorcyclists in California may face bias from insurance companies, jurors, and law enforcement officials who may assume that the motorcyclist was at fault in an accident. This bias can make it difficult for injured riders to receive fair compensation for injuries and damages.

California law also recognizes the concept of pure comparative negligence, which means that both parties involved in an accident can be assigned a degree of fault based on their actions leading up to the accident. Biased insurers may try to assign a higher percentage of fault to motorcycle riders who don’t have skilled legal representation to fight on their behalf, reducing your payout.

How Can a Personal Injury Lawyer Help?

Our motorcycle attorneys at Berg Injury Lawyers can provide invaluable assistance to motorcycle accident victims. We have the knowledge, skill, and resources to help maximize your compensation in a motorcycle injury case with the following actions:

• Determine fault: Your motorcycle accident lawyer will investigate the accident, gather evidence like photos and witness statements, and analyze the police report to determine who is at fault. We will use our experience to build a strong argument for your case, including sending spoliation letters to preserve evidence and using reconstructionists to recreate the accident scene.  
• Evaluate current injuries: Our attorneys will work with medical professionals to fully evaluate your injuries and the extent of your damages. We use this information to advocate for fair compensation for your medical expenses, lost wages, and pain and suffering.
• Review past medical history: We will review your medical history for conditions that may have been aggravated or worsened by the accident. This information will be used to help strengthen your case and ensure that you receive the compensation you deserve.
• Fight for fair compensation: Our lawyers will fight for fair compensation even if your treatment exceeds the standard length of treatment accepted by the insurance company.
• Check your insurance policy: Your legal team will check your insurance policy to see if we can find coverage to pay for your damages if the person who hit you doesn’t carry insurance. For example, you may have a UMC/UIM policy covering your accident-related costs, such as medical care, lost wages, and pain and suffering. You may also have elected for MedPay coverage under your plan, which will pay for medical expenses. We will ensure you receive the maximum compensation available through all possible avenues.
• Advocate for your interests: At Berg Injury Lawyers, your attorney will advocate for your interests throughout the legal process, providing guidance and support every step of the way.

Benefits of Hiring an Experienced Motorcycle Accident Attorney

At Berg Injury Lawyers, our team has over 35 years of experience representing injured motorcyclists in California. Let us use our legal expertise and knowledge of the law to protect your rights, investigate and gather evidence, negotiate with insurance adjusters, and maximize your compensation. We know what a fair settlement offer looks like, and our experience will prevent you from being lowballed by the insurance company.

With our no fee guarantee, you can get the legal representation you deserve. Contact us today to schedule a free consultation and learn more about how we can help you get the financial compensation you are owed.

Understanding Personal Injury Laws in California

by Staff Blogger | June 2nd, 2023

Like other states, different laws apply to different types of personal injury. California victims may be wondering which provisions are available to them. While the laws apply to everyone, each case is unique. A personal injury attorney at Berg Injury Lawyers in Sacramento can guide victims who may be unsure about which laws are relevant to their potential claim and how to pursue the maximum compensation.

Personal injury victims can count on California’s legal system to hold responsible parties accountable for any damages they caused. For example, if someone assaults another person and injures them, the law provides a means for the victim to file a claim for compensation.

This article provides an overview of California’s personal injury laws. It also explains how some of these laws are unique to California. First, let’s look at a few types of personal injury claims.

Different Types of Personal Injury Claims

In California, personal injury claims involve physical and mental injuries sustained due to another person’s negligence. Causes of personal injury are varied. The type of claim or lawsuit a victim should file depends on the grounds of their damages.

For example, victims of a vehicle accident usually find themselves with unforeseen medical bills, lost wages, and several other expenses related to the injuries sustained in addition to vehicle repair costs.

Who should pay for all of these? The simple answer is that the at-fault driver should compensate the victim. However, it’s not always clear who is at fault and how much the claim is worth. If you live in Sacramento, California, or a surrounding area, the personal injury attorneys at Berg Injury Lawyers can help you determine whether you have a claim and how to recover damages from the responsible party.

Berg Injury Lawyers also represents victims with the following types of personal injury claims:

• Slip, trip and fall injuries
• Product liability
• Medical malpractice
• Premises liability
• Injuries at the workplace
• Wrongful death
• Dog bites
• Assault

Let’s look at some of the laws that apply.

Personal Injury Laws in California

Although some personal injury laws are applicable across multiple counties, many variations exist. Below are some of the laws that apply in Sacramento, California.

Proof of Negligence

In California, someone is guilty of negligence if they know or should have known about a hazard but failed to take the necessary action.

For example, slip, trip and fall hazards can be any of the following:

• Protruding tree roots
• Wet or slippery floors
• Inadequate lighting
• Damaged sidewalks
• Icy surfaces

To file a claim, you must be able to prove that the person you’ve identified as being responsible is the one at fault. You can claim compensation for damages such as hospital bills, lost income, and pain and suffering.

California Applies Pure Comparative Fault Law

The pure comparative fault law means that in California, victims can claim compensation even if they were partly to blame for their own injury.

The case you build against the defendant must prove that the defendant shares a percentage of the blame. That’s true, even if they’re 1% responsible. As long as they and their legal team can present the necessary evidence to proportion the blame, victims should proceed and file a claim.

Some states prevent victims from claiming damages if they are at least 50% to blame for their injuries. Others do not allow claims as long as the plaintiff played a part in the accident. These states apply the contributory negligence and the modified comparative negligence rule in contrast to California’s pure comparative law.

How Do You Know if You Have a Case?

In California, the laws are on your side, whether or not you had any part of responsibility in an accident. However, this does mean you have a higher chance of being counter-sued. Get legal advice from an experienced personal injury lawyer to determine if the benefits are worth filing a suit. Your case evaluation is free and confidential. Our No Fee Guarantee™  ensures that if you don’t win, you pay nothing.

Benefits of Hiring a Sacramento Personal Injury Attorney

Personal injury cases can be complex, involving multiple parties and big-name insurance companies that are determined to pay out as little as possible. Fighting these companies on your own can be exhausting and lead to waiting for you and your family when you need help the most.

An attorney that specializes in personal injury cases has the experience, the team, and the contacts to get things done. At Berg Injury Lawyers, we will treat you with compassion and respect, and get you the compensation you deserve for the expenses and hardship that you experience.

California law provides a way to claim compensation if you incur injuries due to someone else’s negligence or purposeful actions. Contact Berg Injury Lawyers Sacramento office for a free consultation.

Slip and Fall Accidents: What Constitutes a Claim?

by Staff Blogger | June 2nd, 2023

Although common in the winter, slip and fall accidents happen all year round. Icy surfaces, puddles, trailing cable wires, and other hazards can cause personal injury accidents to occur in a moment’s time. Because these accidents can cause severe injuries that may lead to loss of wages or even life-long medical care, it is important to contact a Sacramento slip and fall attorney to evaluate if negligence was at play.

Understanding Slip and Fall Accident Liability

There is a flawed assumption in our society that it’s often older people who slip and fall. These accidents can happen to people of all ages. Everyone is at risk, including customers visiting a business premise, guests at a friend’s house, and children playing in a public park. Property and business owners have a duty to keep the area maintained to meet reasonable safety standards.

You don’t have to be inside a building to file a claim for another person’s carelessness. You can slip, trip, and fall anywhere, including the following places:

• Inside and outside business buildings
• Private homes
• Parking lots
• Walkways
• Steps and staircases

If you are injured on someone else’s property and believe it is due to negligence by the owner, you may have a premises liability case. The slip and fall attorneys at Berg Injury Lawyers in Sacramento will evaluate the situation and provide you with the best guidance and options for moving forward.

Property and Business Owners: Reasonable Safety

To prevent accidents, property owners should remove hazards as soon as possible. The following are examples of dangerous circumstances that can lead to this type of injury:

• Stairway hazards: Stairway hazards can cause falls which can result in spinal injury, lacerations, fractured bones, and brain trauma, among others. Property owners should therefore ensure that they repair broken steps and replace missing guardrails quickly. Failure to take prompt safety measures can make the property owner liable if someone gets hurt.

• Slippery floors: Wet, soapy, or oily floors have sent many victims to the emergency room. It’s good practice to clean up spills immediately. Whenever a staff member is cleaning or carrying out any maintenance activity that compromises floor surfaces, clearly marked warning signs can save lives. If there is no visible warning, or the responsible party takes too long to clean up spills and puddles, they may be liable for any resulting accidents.

• Obstacles left on walkways: As a rule, walkways should always be clear. Leaving toys or tools lying around is dangerous. Someone could unexpectedly trip over them and fall. If they get hurt, they may file a claim for the damages they sustain.

• Poorly lit entryways: Walking in the dark poses a risk. Not being able to see in tight spaces can be especially hazardous. Slip and fall victims may deserve payment from the negligent party, even if the accident happened in a private home.

When to File a Claim After a Slip and Fall Accident

Victims should not be scared to demand compensation if someone else’s actions or negligence caused an accident that resulted in personal injury. Even if the injured party feels they are partly to blame, California laws allow them to receive payment in proportion to the other party’s share of the blame.

Claims should include not only medical bills but also physical and emotional pain, lost income from missed workdays, and other expenses related to the injury.

How Can a Sacramento Slip and Fall Attorney Help You?

Berg Injury Lawyers has handled slip-and-fall claims for years and can evaluate your case to determine if you should go forward. Our team of investigators, researchers, and lawyers are ready to gather documentation, identify parties responsible, and fight for you and your family. We treat you as a human being, listen to you, and simplify the complicated filing process.

Berg Injury Lawyers works hard for victims who are at a loss of where to start. Contact our Sacramento office today and have one of our personal injury attorneys help you through this difficult time.

Understanding Wrongful Death Lawsuits

by Staff Blogger | June 2nd, 2023

After a loved one dies unexpectedly, family members are left dealing with the aftermath of grief and pain. It’s essential to know that legal remedies are available to help the family receive monetary damages when someone else’s negligence or wrongdoing causes the death. With the support of a Sacramento wrongful death attorney, families can file a suit against those responsible for an untimely loss. With the proper support and guidance, Berg Injury Lawyers can help you navigate this trying and emotional process in the wake of tragedy.

What Wrongful Death Is and How to Understand It

When someone’s death is caused by the negligence or misconduct of another, a wrongful death lawsuit can be filed. The surviving family members have the right to compensation for losses, including medical bills, funeral costs, and lost future earnings.

A wrongful death claim may involve vehicle accidents, medical malpractice, premises liability, and other types of accidents.

To establish a wrongful death claim in California, the following components must be verified:

• The defendant was legally required to take reasonable care in their actions or behavior.
• The wrongful death caused the actual plaintiff suffering, such as monetary losses or mental distress.
• The defendant violated a contractual responsibility by acting carelessly, wilfully, or deliberately.
• The plaintiff’s loved one died due to the defendant’s negligence.

By engaging a wrongful death attorney, Sacramento families can manage the process better if they understand how lawsuits operate and which will help them make wise choices to pursue justice.

Who Can File a Wrongful Death Claim?

The deceased person’s surviving spouse, children, or any other immediate family members are entitled to file a wrongful death claim. In some cases, the personal representative of the decedent’s estate can file the claim.

The Legal Procedure in Wrongful Death Claims

Depending on the case’s exclusive facts and the state in which the claim is made, the time and complexity of the legal process in a wrongful death lawsuit can vary. A knowledgeable wrongful death attorney in Sacramento will guide you through the legal procedure and uphold your rights. The steps of the legal process in wrongful death cases are as follows:

1. A wrongful death case relies on evidence collection, such as medical records, eyewitness testimony, and expert testimony.
2. After the complaint is filed in civil court, the defendant is served with it.
3. During the discovery process, the parties share information, including depositions.
4. The court hears motions from both sides, such as petitions for summary judgment or the exclusion of evidence.
5. During a trial, the judge or jury hears evidence and arguments.
6. The defendant can question and appeal if the plaintiff wins with a court-granted judgment.

Why Do I Need to Hire a Wrongful Death Lawyer?

Hiring a Sacramento wrongful death attorney has several advantages, including a more detailed understanding of the legal procedure, rights protection, court representation, maximum compensation, and peace of mind. Most importantly, you get a team of investigators, experts, and lawyers that will gather the evidence needed to meet the burden of proof. The team at Berg Injury Lawyers will give you individualized advice and provide the best outcome for your case.

What Should I Expect from a Wrongful Death Lawyer?

The following are what to expect when you hire an attorney:

• Legal counsel and direction
• Recurring interaction
• Investigation
• Consultation step
• Court representation
• Pursuit of maximum compensation
• Commitment and professionalism

How Long Do I Have to File a Wrongful Death Lawsuit?

The time in which you must initiate a wrongful death case varies from state to state. Understanding the precise timeframes that apply to your case requires speaking with a Sacramento wrongful death attorney, as soon as possible.

The longer you wait to file a claim, the more difficult it is to gather evidence and build a solid case. If you are unsure if you have a case, you should still contact an attorney for a free case evaluation. It is confidential and will help you make the best decision for you and your family.

Berg Injury Lawyers has extensive experience working with wrongful death lawsuits in Sacramento and other areas in California. Reach out today for a free consultation with our wrongful death attorneys. We are here to help you get the compensation you and your family deserve.

5 Common Premises Liability Accidents and How to Prevent Them

by Staff Blogger | May 29th, 2023

Premises liability refers to the legal responsibility of property owners to ensure the safety of individuals on their premises. Premises liability accidents can happen anytime, anywhere, and to anyone. Knowing the five most common types of accidents and how to prevent them can minimize the risk of injury and limit your liability.

The 5 Most Common Premises Liability Accidents

As a property owner, it’s essential to know the most common accidents that may occur on your property. Many premises liability cases involve the following types of accidents and damages:

1. Slips and Falls

Slips and falls are among the most common types of premises liability accidents, with around 800,000 people hospitalized across the U.S. annually due to a fall injury. They can occur due to wet or slippery floors, uneven surfaces, inadequate lighting, or obstacles in walkways. Injuries from slips and falls can range from minor bruises and cuts to serious head injuries, broken bones, and even death.

2. Trip and Falls

Trip and fall accidents can occur because of loose floorboards or rugs, uneven sidewalks or steps, and debris or clutter on the ground, causing you to lose balance and fall. You may sustain minor scrapes and bruises or more serious injuries like head trauma or broken bones.

Trips and falls can be especially dangerous for older adults or people with mobility issues; 95% of hip fractures (often fatal for seniors) are caused by falling sideways.

3. Falling Objects

Accidents due to falling objects can occur when objects are improperly secured, shelves are overloaded, or due to construction work around a property. Injuries from falling objects can be severe, including head injuries, broken bones, and internal organ damage.

4. Swimming Pool Accidents

Swimming pool accidents often involve drowning or near-drowning incidents. Around 4,000 people fatally drown yearly in the U.S.; for every fatal drowning, another 10 people require hospitalization for nonfatal drowning injuries.

Common causes include inadequate fencing, slippery or wet surfaces, and faulty pool equipment. Injuries from swimming pool accidents include minor cuts and bruises to serious brain damage or death.

5. Elevator or Escalator Accidents

Elevator or escalator accidents can occur due to various reasons, such as mechanical failure, improper maintenance, or inadequate safety features. Injuries from these accidents can be severe, including broken bones, head injuries, and death.

Elevator accidents are more common in commercial or residential buildings with multiple floors, while escalator accidents often occur in shopping malls or transportation hubs.

Tips for Property Owners to Protect Visitors

As a property owner, there are practical steps you can take to prevent accidents and potential liability. Regular maintenance is crucial to ensure your property is in good condition and free of hazards. Take the following steps:

• Repair any broken steps, handrails, or loose floorboards
• Replace burnt-out light bulbs and ensure proper lighting
• Use proper signage to alert visitors to potential hazards
• Adhere to safety regulations, such as building codes and fire safety standards
• Promptly address potential hazards, such as spills, leaks, or ice
• Keep an open line of communication with visitors to report any safety concerns

You may face significant consequences if you are found liable for an accident on your property. This can include legal fees, medical expenses, and compensation for the injured party’s pain and suffering.

As a property owner, you likely have insurance to protect your interests in case of accidents that cause injuries to visitors. Your insurance should cover medical expenses, legal fees, and pain and suffering associated with a visitor’s or guest’s injury on your property.

However, if a person files a claim, it could increase your yearly premiums and multiple claims could cause you to lose coverage. If you don’t carry general liability insurance, you may have to pay the victim’s damages out-of-pocket.

Contact a Premises Liability Attorney to Review Your Case

Whether you’re a property owner or visitor, prioritize safety and proactively prevent premises liability accidents. At Berg Injury Lawyers, our California personal injury lawyers understand the devastating impact of premises liability accidents, and we can help if you’ve been injured due to someone else’s negligence.

Our experienced attorneys are dedicated to fighting for your rights and securing the compensation you deserve. Contact us today for a free consultation.