October 28th, 2019|
Halloween is around the corner, and residents of California, like those elsewhere, love to celebrate the holiday with thrills, chills, haunted houses, and of course, trick-or-treating. But as they say, it’s all fun and games until someone gets hurt. That’s the kind of scary no one wants on Halloween. So what happens if you are injured while participating in a Halloween activity?
Assumption of Risk
When you enter a haunted house, you take on an assumption of risk. For example, anyone going to a haunted house can reasonably assume it’s going to be scary. In fact, you pay to be scared! So if you suffer a panic attack or heart attack from fear, or twist your ankle running away from a haunted house actor, you likely don’t have legal grounds to sue. However, frights are not the only way to get injured at a haunted house.
Most haunted houses will require visitors to sign a waiver before entering or may include an implicit waiver on the back of the ticket. However, this doesn’t mean you have no recourse after an injury. If you were injured due to grossly negligent actions on the part of the haunted house operator, you can sue even if you signed a waiver.
Haunted House Injuries
Haunted houses are dark, oftentimes hastily constructed, and full of props and equipment that can cause injury. Visitors may trip over extension cords, injure themselves on exposed nails or broken guardrails, be hit by falling props, receive injuries from overaggressive cast members, risk being trampled by frightened groups of people, or even suffer carbon monoxide poisoning from artificial fog and insufficient ventilation.
Haunted house operators who fail to adhere to safety codes, are non-ADA compliant, or fail to warn about potential risks such as strobe lights or uneven surfaces may be liable for injuries suffered as a result.
Injured at a Haunted House?
Most haunted houses carry liability insurance in case a guest is injured at the attraction. If you are injured at a haunted house or other Halloween attraction, there are several important steps to take that can improve your chances of getting compensation for your injuries.
- Take pictures of the accident scene. These can be used to show how your injury occurred, i.e. poor lighting conditions or tripping hazards.
- Speak with a manager, and request to file an incident report.
- Get the names and contact information of any witnesses.
- Seek medical attention and inform the medical staff how you received the injury.
- Contact a personal injury lawyer. Consulting an attorney is always free at Berg Injury Lawyers.
Making Your Home Safe for Trick-or-Treaters
Premises liability goes two ways. It doesn’t only apply to a commercial property owner’s responsibility to keep paying customers safe, but also to homeowners’ responsibility to keep guests safe; that includes trick-or-treaters. To prevent injuries at your home this Halloween, follow these tips:
- Ensure your homeowner or renters insurance is up to date. Most homeowner and renters insurance policies protect not only your belongings, but also provide personal liability protection if someone is injured in your home or on your property.
- Clear your sidewalk, yard, and porch of leaves and any tripping hazards that may not be visible in the dark, such as hoses, extension cords, potted plants, or lawn decorations.
- Ensure the outside of your home is well-lit.
- Firmly secure decorations to ensure they can’t fall over and avoid decorations that pop up or jump out and risk startling visitors into tripping and injuring themselves.
- Restrain any pets that may leap on, scratch, or accidentally bite a trick-or-treater.
- Avoid fire hazards by replacing the typical tea candle in your jack-o-lantern with a flameless LED version.
Halloween Activity Safety Tips
Whether your plan to spend October 31st trick-or-treating with your kids or enjoying fun scares as you make your way through a haunted house, there are several important safety tips you should keep in mind that are useful in either situation.
- Wear comfortable, closed-toe shoes with good traction.
- Choose costumes made of non-flammable material.
- Avoid masks that limit your vision or ability to breathe.
- Consider including reflective material in your costume or adding reflective tape to your candy bucket to make yourself more visible in the dark.
- Inspect candy before eating and throw away any candy if the wrapper appears tampered with.
- Closely monitor any children in your group.
- Arrive to any activity sober and free of drugs and alcohol.
- Follow all posted safety rules at any attraction you visit.
- Stay in a group, follow clearly marked paths, and cross streets only at crosswalks.
- Be conscious of your own limits and avoid activities that may aggravate a pre-existing medical condition.
From all of us at Berg Injury Lawyers, we wish you a safe and happy Halloween! If you or a loved one suffered injuries while visiting a Halloween attraction, don’t hesitate to call our team.
October 21st, 2019|
When someone suffers a traumatic brain injury (TBI), the short and long-term consequences aren’t always immediately known. Some victims suffer symptoms that are similar to a concussion, while others may experience permanent and life-changing effects. Victims of serious TBIs can experience a range of disabilities, including cognitive and behavioral changes as well as impaired coordination and fine motor skills.
TBI-related complications can make it difficult or even impossible for victims to return to work after their accidents, and that means they and their loved ones won’t get the paychecks they depend on. To make matters worse, the medical bills associated with TBIs are significant and may continue to accumulate for years after the initial accidents occurred. That’s because many victims require ongoing physical and cognitive rehabilitation to regain lost function.
At Berg Injury Lawyers, we know how devastating the effects of TBIs can be on victims and their families. That’s why we believe that innocent people should never pay out of pocket after TBIs that weren’t their fault. Our California brain injury lawyers have helped victims get the compensation they deserve after TBIs for decades, and we know how to build claims that get results.
You shouldn’t have to suffer financially because of another person’s or party’s negligence. You’ve gone through enough already—now let us fight for your right to get the money you deserve. Contact us today for a free consultation to find out how we can help you and your loved ones during this difficult time.
October 21st, 2019|
There are two types of shock that can occur after accidents and physical injuries—physical shock and psychological shock. Whether they’re high speed, head-on collisions or relatively minor fender-benders, car accidents have the potential to cause both types of shock.
People who suffer from either type of post-accident shock often need multi-faceted treatments to help them recover. In addition, it’s not uncommon for victims of car accidents to suffer from either or both types of shock, especially after crashes that weren’t their fault.
At Berg Injury Lawyers, our California auto accident attorneys take into consideration victims’ physical and mental health after crashes caused by others’ negligence. Then, we do everything in our power to help them get maximum compensation for their accident-related expenses, including medical bills, lost wages, and pain and suffering.
If you were hurt in a crash that was caused by a negligent driver, we want to speak with you. Contact us today for a free consultation. We’re ready to put our experience to work for you.
Types of Physical Shock
Physical shock can become apparent in the minutes, hours, or days after an auto accident. Victims often experience serious symptoms that can impair their quality of life and even become life-threatening.
Types of physical shock that can occur after auto accidents include:
- Hypovolemic shock—This type of shock occurs when victims suffer significant blood loss resulting in a rapid and severe reduction in blood pressure. The reduced blood volume and blood pressure make it difficult for the heart to pump blood throughout the body, including to vital organs. Hypovolemia can be caused by external and internal bleeding, as well as burns.
- Neurogenic shock—This type of shock occurs when victims experience spinal cord injuries. When the spine is damaged, it can affect the sympathetic nervous system, which controls essential functions like the heartbeat and breathing. Victims who experience neurogenic shock may suffer from rapid losses of blood pressure and reduced oxygenation.
- Cardiogenic shock—This type of shock occurs when victims experience damage to their hearts. Although it’s commonly associated with heart attacks, it can also occur during accidents and injuries, especially in people with weakened hearts or who are at risk of cardiac events. Victims who experience cardiogenic shock have reduced blood flow throughout their bodies.
- Septic shock—Although rare, this type of shock can occur when victims’ wounds become infected after a serious, injury-causing accident. Victims who experience septic shock may be at risk of severe complications, and they require treatment via antibiotics and fluids.
Symptoms of physical shock are varied and depend on the type of shock victims experience. However, there are a few common symptoms, including:
- Irregular heartbeat and rapid pulse
- Rapid and shallow breathing
- Lightheadedness, dizziness, or fainting
- Confusion and anxiety
- Nausea and vomiting
Because shock can be life-threatening and may not be immediately apparent after a crash, it’s vital for victims to get medical treatment right away.
Types of Psychological Shock
Psychological shock often overlaps with and may be classified as post-traumatic stress disorder (PTSD). PTSD can result in symptoms that may persist for weeks, months, years, or decades. Some patients may even struggle with PTSD for the rest of their lives.
Common symptoms of PTSD after auto accidents include:
- Intrusive thoughts and worries about the accident and future accidents
- Irritability and anger
- Fear of driving or riding in a vehicle
- Depression and anxiety
PTSD can be difficult to treat, especially in comparison to physical shock, which can be monitored via laboratory tests, imaging, and pain scales. People with PTSD and other types of psychological shock often need time to heal, including intervention from behavioral and cognitive therapists.
How We Can Help Post-Accident Shock Victims
The aftermath of an auto accident can be a challenging time for victims and their families. In addition to suffering from serious and often painful injuries, they may experience complications due to those injuries that can significantly impact their daily lives.
In addition, psychological shock can even result in victims making mistakes that could jeopardize their claims, such as admitting fault for crashes they didn’t cause. That’s why getting a lawyer right away is so important.
If you or someone you love was recently injured in an auto accident that wasn’t your fault, you may have a long path to making a full physical recovery, and you may be suffering from psychological symptoms that are consistent with PTSD. You deserve compensation for what you’ve gone through, but the insurance company is more interested in protecting its profits than paying you and your loved ones the money you deserve.
Having an experienced California auto accident lawyer on your side can make a big difference in your chances of getting maximum compensation. The legal team at Berg Injury Lawyers knows how to build strong claims and present evidence in a manner that insurance companies simply can’t ignore. Don’t leave your physical, psychological, and financial recovery up to chance. Contact us today, and let us put our resources, our determination, and our track record of success to work for your family.
October 14th, 2019|
Riding a motorcycle has several advantages over driving a passenger vehicle. First, motorcycles are far quicker and more agile than most cars, trucks, and SUVs. They’re also extremely fuel efficient and easy to maintain. But they have one big drawback as well: the risk they pose to riders.
Put simply, motorcycles are unsafe during crashes. Around 31 percent of automobile crashes result in injuries, but only 0.29 percent result in fatalities. However, nearly 80 percent of motorcycle crashes result in injuries, and 4.24 percent result in fatalities. The chances of being seriously injured in a motorcycle accident are high, and when it happens, it’s important to have experienced legal representation on your side.
Motorcycle accidents are often extremely expensive to recover from, and victims often feel the financial repercussions for years. They may need expensive medical treatments both upfront and well into the future, and they may be too hurt to go back to work for long periods of time. To make matters worse, insurance companies are often skeptical of motorcycle accident injury claims. Their bias means they frequently view motorcyclists as being at fault for their own crashes, even when evidence suggests otherwise.
If you or someone you love was hurt in a motorcycle accident, it’s vital to have an experienced California motorcycle accident attorney working in your corner. At Berg Injury Lawyers, our legal team knows the challenges that motorcyclists face after crashes, and we do everything we can to help them get maximum compensation.
Contact us today. We have years of experience helping injured riders just like you, and we know what it takes to win.
October 14th, 2019|
Turning 16 is a big milestone for many people, because it’s when they first become eligible to apply for their driver’s license. That means greater independence and another step towards adulthood and maturity.
However, as anyone who has taken a driver’s exam knows, getting a license isn’t always easy or automatic. Both permit and license exams cover a wide variety of general driving and traffic law knowledge and skills, and it’s not uncommon for first-time applicants to fail.
In California, teens and other driver license applicants can study the California Driver Handbook to improve their chances of passing. It covers virtually all aspects of driving in the Golden State, from new 2019 traffic laws to general information concerning restrictions placed on minors, right-of-way laws, examples of legal and illegal turns, and much more.
Ready to Take the 10-Question Driver Quiz?
This quiz can help you learn where you stand in terms of overall driving knowledge. Whether you ace it or flunk it, it’s important to remain a lifelong student when it comes to driving knowledge.
How did you do? Is your score better or worse than you expected? If you aced the test, congratulations! Your knowledge of traffic laws will be an asset every time you get behind the wheel. If you flunked the test, use it as an opportunity to refresh yourself on state laws and vehicle requirements. There’s no such thing as being too knowledgeable and too prepared for operating a vehicle!
Still Feel Confident in Your Knowledge of Traffic and Vehicle Laws?
Unless your license is revoked for legal reasons or you fail to renew it on time, you remain a valid driver in California and throughout the U.S. after passing your driver license exam. That means even people who received their license 60 or more years ago are just as eligible to drive as those who received theirs yesterday, despite potentially thousands of traffic law and vehicle requirement changes in the ensuing decades.
Regardless of how long ago it was when you received your license, it’s important to stay up to date on current driving laws and refresh your memory on other laws that may be a little more obscure. At Berg Injury Lawyers, we believe that knowledge is every driver’s best weapon when it comes to protecting themselves behind the wheel. The more you know about California’s traffic laws and best practices, the safer you’ll be on the state’s highways and interstates.
We’re Here to Help People Who Were Hurt in All Types of Crashes
Our California auto accident lawyers know that lack of knowledge or even outdated knowledge of traffic laws is no excuse when drivers cause accidents, and that applies to all drivers on the road. But in many cases, crashes are caused by drivers who are well aware of what they’re supposed to do and not do when they’re behind the wheel, and are simply too careless or negligent to do the right things.
All states emphasize the dangers of speeding, not using turn signals, driving while impaired or distracted, failing to come to a complete stop at stop signs, running red lights, and making illegal turns in their driver’s handbooks. Unfortunately, many drivers still engage in those dangerous behaviors on a regular basis, putting themselves, their passengers, and others in serious danger.
Almost all crashes are caused by driver error, and when collisions involve innocent victims, those people can pursue compensation claims for their accident-related expenses from the negligent driver’s insurance. If you were hurt in a crash that wasn’t your fault, our legal team is here to help. We’ll investigate your crash, calculate how much money you’re owed, and fight to get you maximum compensation. Contact us today for a free consultation.
October 9th, 2019|
As September gives way to October, we are excited to see the spectacular burst of color found in autumn leaves. But as lovely as the trees on our streets are, there’s nothing quite like seeing an entire forest come to life with brilliant color.
If you’ve ever been tempted to hit the road to get a better view of the leaves changing, you’re not alone. Fall foliage is a major tourist attraction across the U.S., beginning in late September and continuing on through November. Areas will often see “peak” color for just a week or two out of the year, making timing very important, but even if you miss peak color, the sight can still be marvelous.
If you are considering using up some of those saved vacation days this fall, there’s nothing better than a road trip to take in the amazing forests and scenic highways this country has to offer. We’ve picked some of our favorite locations, depending on where you’d like to go.
Safety Tips for Roadtripping
Road trips can be a lot of fun, but when you are spending many hours a day in the car, there’s a lot that can go wrong, whether it’s running into debris in the road, hitting an animal, or encountering a careless driver. You can’t prepare for everything, but there’s some things you can. Use this checklist to determine what you may need before heading out to see the leaves this year.
- Get the right car for the job. Maybe that’s your own car, but maybe it’s not. If you know you are going somewhere with hiking, consider renting a vehicle with four-wheel drive. If you know you are sticking with scenic byways, maybe you’ll want to rent a convertible to better enjoy the sights.
- Get Your Vehicle Inspected. If you are taking your own car, take it to a mechanic a few days beforehand for an inspection. This will find any malfunctioning parts or parts that may be near to malfunctioning before they cause a problem hundreds of miles from home.
- Prepare for a roadside emergency. You should also have a spare tire, a jack, and a jumper kit in your trunk.
- Prepare for all other emergencies. If you get stranded, injured, or something else goes wrong, an emergency kit is good to have on hand. We suggest including items like sunblock, bug spray, bottled water and granola bars, a flashlight with batteries, a phone charger and battery pack, a Swiss Army knife or other multipurpose tool, a first aid kit, and a blanket or towel.
- Carry Cash. Between toll stations, state or national park entry fees, and remote small towns along your route, using your credit card may not always be an option.
- Plan your music ahead of time. Remote areas like state parks may cause you to lose cell phone service, which means streaming may not be possible. Plan ahead and visit the library to get CDs or download your playlists to your MP3 player ahead of time. This also means less time fiddling with the entertainment system and potentially losing control of the car.
- Have a backup map. If you use the GPS on your cell phone, you may lose your turn-by-turn directions if your cell phone signal cuts out.
- Get a good night’s sleep beforehand. Drowsy driving can be as dangerous or more dangerous than driving drunk.
After a Road Trip Accident, Call Berg Injury Lawyers
At Berg Injury Lawyers, we know car accidents. When you’re involved in an accident because another driver was behaving recklessly, it’s more than an inconvenience, it can cause serious disruption to your life! If you or a loved one were injured, whether it was on a road trip or just a trip down the street, we want to help you get compensation for your medical bills, lost wages, and pain and suffering.
Contact the California car accident attorneys at Berg Injury Lawyers today. Your consultation is always free, and if you don’t win, you pay nothing.
October 7th, 2019|
If you were recently involved in a truck accident, getting compensation is likely one of your biggest priorities. That’s because truck accidents often cause serious injuries that can require expensive medical treatments and long periods away from work. But in order to get compensation, you must first prove that another party—or even multiple parties—was negligent.
When it comes to truck accidents, one or more parties may contribute to a crash. When you call the California truck accident attorneys at Berg Injury Lawyers, we’ll investigate the accident and find out who was at fault. Potentially liable parties include:
- The truck driver—Truck drivers must not only follow state traffic laws, but must also follow federal trucking guidelines as dictated by the Federal Motor Carrier Safety Administration.
- The truck company—Truck companies may overload trucks to increase profits, or they may follow unsafe loading procedures, causing trucks to be unbalanced and unsafe to drive.
- The truck owner—Trucks can rack up hundreds of thousands of miles in just a few years. Truck owners are required to maintain them regularly, and when they fail to do, accidents can occur.
- Another driver—Trucks may be involved in crashes that were caused by other drivers. We’ll review all the facts to find out who was responsible, including other motorists.
In many cases, multiple parties may share liability for truck accidents. Whoever was responsible for your truck accident, we’ll do everything we can to maximize your chances of getting compensation. Call today.
September 30th, 2019|
Making the decision to move your loved one into a nursing home can be a difficult one. You may be worried about their health and well-being when in the care of others, while they may be worried about their loss of privacy and independence. Most nursing homes take good care of their residents, but not all value residents’ health and happiness.
When nursing homes are driven by profit rather than care and compassion, residents often suffer. That’s because those nursing homes may hire undertrained and underqualified employees to handle many essential tasks that directly affect residents’ day-to-day lives. In addition, they may understaff to save money, putting more stress on individual employees and making it more difficult for them to provide adequate care and attention to residents.
Nursing homes are only as effective as their staff members, and when management and owners cut costs, residents often feel the brunt of those decisions. That can lead to serious issues such as abuse, including physical, emotional, and sexual abuse, as well as neglect. Residents who are neglected may be left alone for long periods of time, or they may not receive food, medication, and baths as frequently as they should.
At Berg Injury Lawyers, we want all families with loved ones living in California nursing homes to know that they have rights if their loved ones are mistreated. When you call us, our California nursing home abuse lawyers will investigate the facility’s mistreatment of your loved one, and we’ll hold them accountable to help you get full compensation. Contact us today for a free consultation.
September 25th, 2019|
Personal injury lawsuits often get a bad rap, but the truth is that they are often the only recourse for people who have been injured in accidents to pay their medical bills. Here at Berg Injury Lawyers, we think that no one should have to pay out of pocket when their injuries are someone else’s fault, which is why we want you to know all the facts so you can be prepared if you or someone you love ever find yourself in need of a lawyer.
After an Injury, Call Berg Injury Lawyers
If you are injured through no fault of your own, don’t believe the myths you’ve heard about personal injury lawsuits. You deserve compensation for your pain and suffering, and we want to help you get it. Contact our team today for a free consultation.
September 23rd, 2019|
Summer may have officially drawn to a close, but the weather remains beautiful and perfect for boating in the Bay Area. Spending a day on the water can be fun and relaxing, but it can also be dangerous if the person driving the boat you’re on, or other boaters, are negligent. Everything from boating under the influence to speeding to allowing too many people on board the vessel can all be considered dangerous and negligent behavior.
At Berg Injury Lawyers, our California boat accident attorneys are here to help people after they’ve been injured in boat accidents that weren’t their fault. The injuries associated with boat accidents can be severe, and may require extensive medical care. Affording medical bills can be a challenge, especially when accident victims’ injuries put them out of work for long periods of time. That’s why we do everything in our power to help victims recover maximum compensation.
If you or someone you love was injured in a boat accident, we’ll investigate what happened find out which parties are responsible. Then, we’ll build a strong claim that the insurance company can’t ignore. In addition to providing evidence that shows you weren’t at fault, we’ll present them with a demand for full compensation for things like your current and future medical bills, lost wages, and pain and suffering.
Don’t trust just any law firm with your boat accident claim. Contact us today for a free consultation to find out how we can help you and your loved ones during this difficult time.