What Happens if I Reject an Insurance Company’s Settlement Offer?

by Staff | October 7th, 2024

If you suffer a personal injury due to another party’s negligence, you may be entitled to compensation in California. The negligent party’s insurance company may contact you with a lowball settlement offer. They do this to avoid paying out maximum compensation, hoping you will accept rather than seek damages in court. You have the right to refuse a settlement offer if you believe it’s not a fair amount.

Learn what happens when you reject an insurance company’s offer and why working with a skilled attorney can increase the compensation you receive.

Why Are You Receiving a Settlement Offer?

After an accident, each party files a report with their insurance company. As part of the process, each insurance company assesses the incident to determine three factors:

• Damages: The costs of the incurred damage
• Liability: Who is responsible for the incident
• Terms of the Insurance Policy: What is covered by the policy

Insurance companies only make settlement offers on claims where their policyholders are liable for accidents.

The Insurance Company’s Tactics Explained

Insurance companies often try several tactics to minimize payouts. Knowing these strategies can help you avoid settling for less than you deserve.

Lowball Settlement Offers

The first offer is usually lower than what you deserve, aimed at getting you to settle before you can fully assess your expenses.

Pressuring Victims to Settle Quickly

Adjusters may also push you to accept an offer before you complete medical treatment, claiming it’s in your best interest to settle early.

Using Recorded Statements Against You

Insurance companies may ask for a recorded statement to twist your words or find inconsistencies to reduce their liability.

Disputing Liability

Even when fault seems clear, insurance companies may try to shift blame to reduce their responsibility.

Delaying the Claims Process

Delays are common, as insurance companies know financial strain may push you to settle for less.

Undervaluing Non-Economic Damages

Adjusters often downplay pain, suffering, or emotional distress, focusing only on tangible costs like medical bills.

What Happens if You Accept the Offer?

When you accept an insurance settlement, you may be settling for a portion of what you’re entitled to through a personal injury lawsuit. Accepting a settlement offer closes off all other compensation options and terminates your rights to seek damages in the future.

After accepting the offer, your attorney receives the settlement funds and gives them to you after deducting their fee and other associated costs such as medical bills and case expenses.

What Happens if You Reject the Insurance Settlement?

If you reject the insurance settlement, you retain your right to seek full damages through the legal system. Rejecting the settlement protects your rights to maximum compensation under California personal injury law and allows you to fight for a fair settlement that covers your medical expenses. It can also compensate you for the psychological and emotional damages you incurred.

When you decide to reject the initial settlement offer, your attorney can respond with a demand letter. You’ll ask for more than the amount the company offered and wait for a response with an adjusted settlement offer.

When Should You Reject a Settlement?

Knowing whether to reject an insurance company settlement may be difficult. This decision is best made with the help of a team of skilled Sacramento personal injury lawyers. A lawyer can assess your case and determine if the settlement the insurance company is offering is fair or whether further negotiation or legal action is in your best interest.

An experienced personal injury attorney with Berg Injury Lawyers can help you better understand how much your claim is entitled to under California law. Damages in a personal injury case can include:

• Lost wages
• Medical expenses
• Property damage
• Lost benefits
• Pain and suffering
• Loss of enjoyment of life
• Loss of companionship or consortium

In California, there are no caps on economic or non-economic damages in personal injury cases. This means that you may be entitled to a much higher settlement than the insurance company is offering with the proper legal counsel.

How Pure Comparative Negligence Affects Your Settlement

A knowledgeable personal injury attorney at Berg Injury Lawyers can also help you navigate the complex legal terrain surrounding pure comparative negligence.

Pure comparative negligence allows you to receive compensation based on your percentage of responsibility in causing the accident. For example, you may receive 10% of possible damages if you are 90% responsible for an accident, or you can receive 99% of allowable damages if you are only 1% responsible.

When you work with a skilled attorney, they can navigate these complexities to hold the other party responsible and increase your awarded amount. Proving they are more at fault for the accident than you can mean a much higher settlement value for your case.

Schedule Your Free Consultation Today

After suffering a personal injury, seek legal counsel as soon as possible to avoid being taken advantage of by unfair insurance settlement offers. Work with Berg Injury Lawyers to protect your rights and fight for a fair settlement from the liable party. Our legal team can seek maximum compensation for your injuries so you can get back on your feet rather than settle for less than you deserve. Contact Berg Injury Lawyers today for a free consultation to review your case.

Originally published January 31st, 2022.

Injured at a Public Event? Here’s Everything You Need to Know!

by Staff | July 22nd, 2024

Attending concerts, festivals, or sporting events should be an exciting and enjoyable experience. However, these crowded public venues can quickly turn hazardous due to poor crowd management, inadequate security measures, and negligent event planning.

For instance, a lack of security and crowd control measures led to 10 deaths at the Astroworld Festival in 2021. This incident also resulted in hundreds of injuries among concertgoers.

If you’ve been injured at a public event in California, taking the proper steps is crucial for protecting your health, rights, and potential legal claims. A knowledgeable premises liability attorney at Berg Injury Lawyers can guide you through this process.

What to Do After an Accident at a Public Event

The moments after an injury at a public event can be disorienting and overwhelming. However, your actions during this time can affect your ability to seek compensation and hold negligent parties accountable. If you sustain an injury in a crowded or poorly managed venue, take the following steps:

• Get Medical Care Immediately: Always make your health a priority. If your injuries seem serious, call 911 or proceed to the nearest emergency room. Even with minor injuries, seek medical attention to get a documented diagnosis and begin treatment. A medical evaluation establishes a clear record of your injuries, which can strengthen your case.

• Notify Staff, Security, or the Police: Report the incident to event staff, security personnel, or the police as soon as possible. This creates a record of the accident and helps establish the date, time, and location. Request a copy of the incident report if one is available. The report should include details of the accident, witnesses present, and the responding staff member’s information.

• Collect and Preserve Evidence: While still at the scene, document the accident with photos or videos on your phone. Capture pictures of the hazardous condition that caused your injury, the surrounding areas, and the visible injuries you sustained. Get the names and contact information of any witnesses who saw the accident; your attorney can contact them later to obtain testimony to support your claim.

• Talk to an Attorney: Consult with an experienced personal injury lawyer familiar with California’s premises liability laws. Our California slip-and-fall lawyers at Berg Injury Lawyers can advise you on your legal options, gather evidence to build a strong case, and represent you in negotiations with the event organizer’s insurance company.

Legal Considerations

When injuries occur at public events, understanding your legal rights is crucial. Complex legal factors, such as liability, waivers, and insurance coverage, can impact your ability to recover compensation.

• Liability: In California, different parties might be liable for injuries at public events. You may be able to hold the following parties liable if they fail to ensure a safe environment, whether that’s through poor maintenance, inadequate crowd control, or faulty equipment:

• Property owners
  • Event organizers
  • Contractors providing equipment or security

• Waivers: Some events may require attendees to sign waivers before entry. These waivers aim to limit the organizer’s liability for certain risks inherent to the event. However, California Civil Code Section 1668 restricts the enforceability of waivers in cases of gross negligence.

For instance, a waiver might not protect the organizer if they deliberately failed to address a known safety hazard that resulted in your injury. Our experienced attorneys can help you understand whether the waiver in your case is legally binding.

• Insurance: Most public events carry liability insurance to cover potential injury claims. Venues often require up to $1 million or more in coverage, but this can depend on the event and location. Your attorney will investigate the event’s insurance coverage and work to secure the maximum compensation you deserve.

Liability insurance policies typically cover medical expenses, lost wages, and pain and suffering damages. Depending on the severity of the injury and the egregiousness of the negligence, punitive damages may also be recoverable.

Protect Your Rights After a Public Event Injury

Injuries at a public event can have long-lasting physical, emotional, and financial consequences. You shouldn’t have to shoulder the burden alone if you or a loved one has suffered harm because of negligent event planning, inadequate security measures, or unsafe conditions.

Our dedicated premises liability attorneys at Berg Injury Lawyers can protect your rights and fight for the maximum compensation you’re owed. Contact us today for a free, confidential consultation. Let our experienced legal team guide you through this process with the compassionate support and aggressive representation you deserve.

The Ultimate Guide to Documenting a Workplace Injury

by Staff | July 8th, 2024

Workplace injuries are all too common, with over 400,000 nonfatal incidents reported in California in 2022. When an on-the-job accident occurs, the physical, emotional, and financial toll can be devastating.

Depending on the circumstances of your accident, you may be entitled to workers’ compensation benefits or a personal injury settlement covering medical bills, lost wages, and pain and suffering.

No matter which compensation you qualify for, documenting your injuries and recovery can help you get financial support while you’re out of work. A California personal injury lawyer can review your case, determine where to file, and help you pursue maximum compensation after a workplace injury.

Report Your Injury Immediately

Reporting the injury is the first step to protecting your rights after a workplace accident. Workers’ compensation requires employees to notify their employer of work-related injury or illness within 30 days.

Your employer should provide you with a Workers’ Compensation Claim Form (DWC 1), which you must fill out and return.

Even if you’re ineligible for workers’ comp—such as if you were injured at a third-party site—it’s still essential to report the accident to your supervisor or site manager. Make sure to keep a copy of any report for your records. This documentation is crucial for any potential claims or legal actions you may pursue later.

In addition, if your injuries result from unsafe working conditions, neglected safety measures, or faulty equipment, your report could be crucial evidence in a premises liability or defective product claim.

Document Every Detail of the Incident

Document every detail of your workplace accident to preserve evidence for potential workers’ compensation or legal claims. Write down a detailed account of what happened, including the following information:

• The exact date, time, and location of your injury
• A description of the specific tasks you were performing when the injury occurred
• Any hazardous conditions, faulty equipment, or safety violations that may have contributed to the accident
• The names and contact information of any witnesses

Take photographs or videos of the accident scene, your injuries, and any contributing factors such as spills, broken equipment, or other hazards. Visual evidence can substantiate your claim and demonstrate the severity of your injuries.

Maintain Thorough Medical and Financial Records

Keep detailed records of all medical evaluations, treatments, and associated costs. This helps document the extent of your injuries and the financial impact of the workplace accident. Save copies of the following:

• Medical reports from initial and follow-up appointments
• Diagnostic test results (X-rays, MRIs, CT scans)
• Prescriptions and medication lists
• Receipts for out-of-pocket medical expenses (co-pays, medical equipment, transportation costs)
• Documentation of any lost wages, such as pay stubs or W2s

Keep Track of All Communications With Your Employer

Maintain a copy of all communications with your employer or the site manager regarding your injury. This should include the following:

• The date, time, and method of reporting your injury (e.g., verbal notification to supervisor, written report)
• Any conversations or correspondence regarding medical treatment, accommodations, or return-to-work plans
• Requests for workers’ compensation claim forms or other documentation
• Any denials or disputes from your employer regarding the injury or claim process

California Labor Code Section 132a prohibits employers from retaliating against employees for filing a workers’ compensation claim or exercising their rights under the law. If your employer is uncooperative or disputes aspects of your claim, having a record of your communications can demonstrate your compliance with proper procedures and protect your legal rights.

Get Legal Help After a Workplace Injury

Dealing with a workplace injury is difficult enough without having to navigate the complex legal system. An experienced California personal injury lawyer can be a powerful advocate in your corner. They can review your documentation and advise you on the best options for securing maximum compensation for your medical bills, lost wages, and other damages.

Get the professional legal representation you deserve—contact Berg Injury Lawyers today to discuss your workplace injury case.

How Do Attorneys Prove Psychological Suffering?

by Staff | June 17th, 2024

Psychological trauma refers to the mental anguish that one party inflicts on another. There is usually no legal standing to file a lawsuit for causing exclusively psychological trauma, but it is often an important part of personal injury lawsuits. If you have suffered psychological trauma alongside injuries in an accident caused by someone else’s negligence, consider enlisting the services of lawyers to help you get compensation. 

WHAT IS PSYCHOLOGICAL SUFFERING?

Injuries can subject a victim to two types of pain: emotional pain and physical pain. Therefore, in a personal injury lawsuit, the negligent party can be liable for both mental and physical injury. While physical injuries are typically easy to prove and quantify, mental suffering can be more difficult. 

If you intend to file a case for psychological suffering, your lawyer must prove that the level of trauma meets the legal threshold for mental anguish. You need to provide sufficient evidence to show that you suffered severe mental trauma with lasting detrimental effects. 

California recognizes instances of mental anguish caused by a negligent party. The court awards damages for non-economic damages caused by the defendant willingly, unwillingly, or through negligence. In this case, non-economic damages refer to non-monetary losses such as emotional distress, humiliation, loss of society and companionship, mental suffering, pain, suffering, injury to reputation, and loss of consortium due to an accident and physical injury.  

HOW WILL AN ATTORNEY PROVE PSYCHOLOGICAL SUFFERING?

If you are considering filing for psychological trauma in a personal injury lawsuit, here are a few ways that your attorney can help prove your claim.

THE INTENSITY OF YOUR MENTAL TRAUMA

Your lawyer will gather evidence to prove to the court that your condition is severe. The severity of mental suffering is evident if it manifests in conditions like PTSD, depression, or acute anxiety. A record showing any of these conditions can help strengthen your case.

EVIDENCE OF TREATMENT BY A PHYSICIAN

If you have sought treatment for your condition from a licensed physician, your attorney can provide this evidence in court. The evidence of treatment strengthens your claim, and you are more likely to receive compensation. Provide your lawyer with medical records that show doctor visits, prescriptions, and any other appropriate documents showing medical intervention. If possible, your physician can provide testimony during a hearing to further support your claim. 

DURATION OF THE SYMPTOMS

The longer you suffer from the symptoms of mental distress, the more likely the court will consider your condition to be severe. You must provide your lawyer with all records of doctor visits from the time your psychological suffering began to reflect the extent of your condition.

PHYSICAL Symptoms

Your lawyer will provide evidence showing the physical manifestation of your mental trauma. A physical injury is a more tangible measure of your suffering for the jury to assess.

The lawyer may gather information from friends, family, and colleagues to ascertain any changes in your personality. Physical manifestations of mental trauma include insomnia, body aches, extreme alertness, edginess, social isolation and withdrawal, loss of memory, and disorientation. 

EVIDENCE COLLECTION FOR PSYCHOLOGICAL SUFFERING

There are several types of evidence your lawyer can present that support your claim, including expert witnesses, documentation, and physical evidence.

EXPERT WITNESS TESTIMONY

Psychologists and psychiatrists can provide professional opinions on the extent and impact of the accident victim’s mental anguish. They can evaluate the victim’s mental state through clinical assessments and diagnostic tools, and their testimony can lend significant weight to the case. They can explain complex psychological conditions to the court, making it easier for judges and juries to understand the severity and legitimacy of the victim’s suffering.

DOCUMENTATION

Detailed documentation is essential in proving psychological suffering. Victims should keep thorough records of their experiences, symptoms, and treatments. This documentation can include:

• Medical Records: Detailed records from mental health professionals—including diagnoses, treatment plans, therapy notes, and prescriptions—can show that the victim sought help and followed prescribed treatments. Medical exams can also highlight challenges the victim is facing, such as weight loss, insomnia, or other health issues.
• Personal Journals: Victims can keep personal journals where they record their daily emotional and psychological experiences. These journals can provide a firsthand account of the accident victim’s suffering and its impact on their life.
• Employer Statements: Statements from employers can back up claims of decreased work performance or inability to work due to psychological trauma. These statements can highlight changes in the victim’s behavior, work attendance, and overall job performance.
• Testimonies from Friends and Family: Testimonies from those close to the victim can offer additional perspectives on the changes in the victim’s mental state and behavior since the accident. Friends and family members can provide valuable insights into how the trauma has affected the victim’s relationships, daily activities, and overall well-being.

DO YOU NEED A PERSONAL INJURY LAWYER?

If you are considering filing a psychological trauma case, a personal injury lawyer can support you through the process. An attorney can help you put together the required proof and present it in court in an organized manner. Our team can talk to you about your rights and help you navigate the California legal system. If you are looking for a law firm to help you file a claim, contact Berg Injury Lawyers today for a free consultation regarding your case.

Originally published September 27th, 2021.

The Most Common Swimming Pool-Related Injuries

by cjadmin | June 3rd, 2024

California is home to 1.3 million swimming pools, and about 15,000 new ones are added annually.

Despite their appeal on hot days, pools can become dangerous if they’re not well-maintained or lack proper supervision and safety measures. Injuries can happen quickly and have serious consequences, such as head trauma or drowning.

Knowing the dangers of pools and how to prevent accidents can help you have a safe, enjoyable summer. If you’re hurt in a swimming pool accident, the California pool accident lawyers at Berg Injury Lawyers can help you get compensation for your injuries.

Most Common Swimming Pool Injuries

Swimming pools are a great place to relax and have fun, but they also come with risks if safety isn’t a priority. Here’s a look at some common types of pool-related injuries:

• Slips and Falls: These happen when pool decks become slippery from splashed water or oil from sunscreen, especially if the decks lack anti-slip textures. Slips and falls can lead to bruises, broken bones, head injuries, or drowning if the fall causes unconsciousness in the pool.

• Diving Accidents: These occur when swimmers dive into water that’s too shallow or collide with underwater obstacles. The results can be severe, including spinal injuries or head trauma.

• Chemical Exposure: Pools need chemicals like chlorine and disinfectants to stay clean, but if they’re not mixed properly, swimmers can suffer from skin rashes, eye irritation, and breathing problems.

• Electrical Shocks: Faulty wiring and improper use of electrical devices near water can lead to electric shocks. These are extremely dangerous and can cause burns, heart issues, or drowning if the shock incapacitates the swimmer.

• Entrapment Injuries: Swimmers may get parts of their bodies or hair caught in pool drains or suction devices that aren’t properly covered. If not addressed quickly, these entrapment injuries can lead to bruises, cuts, or death.

Premises Liability and Pools

Under premises liability law in California, pool owners are responsible for keeping their pools safe and ensuring there are free from hazards. If someone gets hurt because the pool wasn’t maintained properly or there wasn’t a clear warning about potential dangers, the owner can be held liable.

Pool owners should focus on the following areas to keep visitors safe:

Tips for Staying Safe Around Swimming Pools

Wherever you’re swimming—at a local public pool, a friend’s place, or in your backyard—take proactive measures to ensure a safe experience. Always follow these steps to help prevent injuries and accidents in the water:

• Pay Attention to Safety Campaigns: Read up on safety measures and regulatory changes through the many public campaigns for swimming safety. The California Department of Public Health offers safety tips and a Drowning Prevention toolkit with excellent resources to help prevent a tragedy.

• Constant Supervision: Always have a responsible adult watching when children are in or near the pool. Never assume someone else is watching.

• Swimming Skills: Ensure that everyone in the family learns to swim. Many local YMCAs and community centers offer swimming lessons.

• Rescue Equipment: Keep a life ring, rope, and pole near the pool or know where they are located when visiting. Ensure that these are easily accessible in an emergency.

• Follow the Rules: Follow swimming rules for public and private pools, such as no diving in shallow water, no running on the pool deck, and no rough play.

• Check for Hazards: Inspect the pool area for slip hazards, uncovered drains, or exposed electrical wiring. Although the owner is responsible for finding and addressing dangers, you can help alert them and avoid injury.

Get Help for Your Pool Accident Injury Today

Unfortunately, even with the best precautions, you may be hurt in a pool accident. If you suffered injuries caused by a private or public pool owner’s negligence, speak with our attorneys at Berg Injury Lawyers.

We can investigate the incident, seek fair compensation for your medical bills, lost wages, and pain and suffering, and help you get back on track. Contact us today for a free consultation.

Can an Attorney Subpoena Text Messages in a Personal Injury Lawsuit?

by Staff | May 17th, 2024

Phone companies keep billing and call detail records. If evidence exists that these documents contain relevant information, your lawyer can subpoena these records during the discovery phase of a personal injury lawsuit. This information could prove, for example, whether a driver sent or received text messages at the time of the accident, violating California law about texting while driving.

Federal law requires phone companies to protect their users’ data, requiring subpoenas or court orders to release the information. You can’t obtain them otherwise. Hiring an attorney from Berg Injury Lawyers to request and review these records gives you the best chance to get the evidence you need to recover a fair settlement in a personal injury lawsuit.

WHAT ARE THE PHONE PRIVACY LAWS?

Due to data brokers’ fraudulent acquisition of phone users’ data, the federal government passed several laws regulating consumer privacy protection. These laws protect records held by mobile phone companies, including usage data.

The Telephone Records and Privacy Protection Act and the Communications Act require customer approval, a subpoena, or a court order to obtain this information.

Additionally, requests must be made to the service provider before they purge the records. This means if you wait too long to file your lawsuit, these records may no longer exist.

Companies differ in how long they retain records. Federal law requires carriers to retain billing information for 18 months, and the federal government also requires companies to preserve these records while awaiting court orders.

TYPES OF PHONE RECORDS

Call detail records, or CDR, have the following information:

• The time of the call or text
• The receiving or sending number
• Whether the call went to voicemail
• Duration of the conversation
• Location of the phone at the time

Phone bills only provide information on billable services, and call data times are not precise. Text messages and unanswered outgoing calls will not appear. This is why it’s important to request call detail records rather than billing details.

OBTAINING PHONE RECORDS

Several state court decisions have affected how to subpoena phone records in civil cases. In Ortiz v Amazon.com, a judge ordered the plaintiff to provide their cell phone records under a court order. However, the plaintiff failed to provide them since the cell phone account was under his wife’s name. The judge then ordered the plaintiff to submit their name and address for the defendant to subpoena the cell phone records from them.

Phone records and text message records must come from the service provider instead of a user’s cell phone. Depending on the phone company’s policy, these records may include the content of the messages or only the time, date, and location from which the messages were sent or received.

WHEN YOU SHOULD TALK TO AN ATTORNEY TO OBTAIN CELL PHONE RECORDS

An attorney can investigate cell phone records to help prove negligence in a crash. Your lawyer can take steps to ensure the phone company preserves the records you need and make test calls to determine the time difference between the device and the 9-1-1 reports.

To obtain the content of the text messages, your lawyer may request a different type of record if the company also keeps that information. Your attorney should request the driver’s text messages as soon as possible after the accident if they believe you need those records.

HOW CAN YOUR LAWYER USE PHONE RECORDS?

Cell phone data from the company that shows a driver sent or received a text at the time of an accident can help prove driver negligence. However, these records can’t prove the driver was holding their phone at the time to take a voice call, rather than using a hands-free function. This is where witness testimony may come in, if someone saw the other driver on their phone.

If records show the driver was texting at the time of the accident, your attorney may ask for a negligence per se jury instruction. Negligence per se means the driver’s texting constitutes negligence because it violates laws designed to keep drivers safe.

Your lawyer might make test calls to account for any deviation between CDRs and the logs from the 9-1-1 system. These discrepancies could otherwise lead a jury to conclude that the messaging didn’t occur at the time of the wreck.

WHAT ARE THE CHALLENGES OF USING CDRS?

While CDRs show incoming and outgoing text messages, they don’t prove whether the user interacted with the phone at that time. Some smartphone applications can automatically respond to incoming texts while in the car. Your personal injury lawyer can hire experts to examine this data and help discover evidence of negligence.

HIRE AN EXPERIENCED CAR CRASH LAWYER

Our car accident lawyers at Berg Injury Lawyers can help prove negligence in your case by obtaining cell phone on your behalf. We can take steps to ensure we gather proper evidence, from cell phone records and more, during the discovery phase of your case. We fight vigorously for your right to fair compensation and have represented victims of negligence since 1981. Contact us to schedule a free case review today and let us help you establish your claim by subpoenaing phone records of the at-fault party.

Originally published July 11, 2022.

Springtime Is Biking Season: Steps to Take After a Bicycle Accident

by Staff Blogger | April 29th, 2024

As warmer weather moves into Northern California, the trails come alive with the hum of spinning bicycle wheels. This time of year for cycling enthusiasts means hitting the roads to enjoy the fresh air and sunshine.

However, with the increase in cycling activities comes a corresponding rise in collisions between bicycles and cars. Bicycle accidents typically peak in May through October, with around 11,000 injuries and 160 deaths annually in the state.

Knowing what to do is crucial if you’re injured in a bicycle accident. Your actions can help you get medical attention and protect your right to compensation from the negligent driver. Explore the steps to take after a bicycle collision and the role of a California biking accident lawyer from Berg Injury Lawyers in your case.

Post-Accident Steps

A bicycle accident can be disorienting, leaving you confused and unsure of what to do. Immediately after the collision, take the following steps:

• Get Medical Care: After a bicycle accident, immediately assess yourself for injuries and seek medical care, even if you feel fine. Allow emergency services to conduct a preliminary examination, followed by a visit to a hospital or your doctor for a thorough check-up.

This helps providers identify hidden injuries, like concussions, that may not be immediately apparent. It also documents your injuries, connecting them to the accident, which is critical for filing a claim with insurance.

• Contact Law Enforcement: This documents what happened through an official police report, which you’ll need for insurance claims or legal action. The report will include statements from all involved parties and have the officer’s observations, which can help establish the facts.

In California, you must report any accident involving injuries or property damage over $1,000 to the DMV within 10 days. You can also request a copy of the report for your insurance claim.

• Exchange Information: Swapinformation with the other party involved in the accident. Collect their name, contact information, insurance details, and vehicle registration. Your attorney can use their information to file a claim with their auto liability insurance to pay for your damages, including your medical expenses and any repair costs for your bike.

The Importance of Documentation and Evidence

Documenting the accident scene, injuries, and property damage is vital for substantiating your claims. To properly document the scene, do the following:

• Take Photographs: Start by capturing clear images of your injuries, then document the damage to your bicycle from multiple angles to show the extent of the impact. Photograph the entire accident scene, including road conditions, traffic signs, and environmental factors that contributed to the accident. Use a device that timestamps your photos, providing a verifiable event timeline.

• Write Detailed Notes: Record your recollection of the events leading up to the accident while they’re fresh in your mind. Include details such as the time, weather conditions, traffic signals, and any statements made by the driver. Consider using a note app on your phone or in a video statement for easy access and sharing with your attorney.

• Gather Witness Statements: Identify anyone who witnessed the event and ask for their version of what happened. Note their observations or record their statements if they consent. Get their name, phone number, and email address so your attorney can contact them later.

Witness accounts can bolster your case by providing an independent perspective of the accident. For example, a witness can confirm if the other party ran a stop sign, supporting your claim.

• Report Accident to Your Insurance: Provide a detailed account of what occurred, including the exact time and location, the events leading up to the accident, and injuries or damages. This can expedite the claim process. However, consult with an attorney before speaking to insurers after an accident to ensure you don’t say anything that could affect your settlement.

How a Lawyer Can Help

Hiring an attorney after a bicycle accident can improve your chances of a favorable outcome, especially when dealing with the legal complexities of a bicycle accident case. Our team at Berg Injury Lawyers can help you receive fair compensation by:

• Navigating Pure Comparative Fault Laws: In California, compensation is adjusted based on your fault percentage (your responsibility for an accident). We can gather evidence proving the other party’s negligence to lower your fault percentage and maximize your settlement.

• Exploring Compensation Avenues: Your attorney can help you identify the best sources for compensation, including the other party’s liability insurance, your own uninsured motorist coverage, or medical payments (Med Pay) coverage to cover immediate medical expenses.

• Negotiating with Insurance Companies: We can negotiate with insurers for a fair settlement that fully covers your losses. This includes medical bills, bike repairs, lost income, and compensation for pain and suffering. If the insurers refuse to accept our settlement offer, we can file a lawsuit and represent you in court to help get you the highest damage award possible.

Secure Fair Compensation After a Bicycle Crash

Experiencing a bicycle crash can be a harrowing ordeal, but knowing the actions to take afterward can influence your safety, safeguard your rights, and facilitate your healing process.

If you’ve been injured in a bicycle accident, our team at Berg Injury Lawyers can use our four decades of legal experience to protect your interests and get the compensation you deserve.

Contact us today for a free consultation. We can review your case, advise you of your legal options, answer your questions, and help get you back on the road again.  

What Do I Do if I’m Injured on a Business’s Property?

by Staff Blogger | April 22nd, 2024

When you visit a business, whether it’s a retail store, office, or restaurant, an accident can happen that leads to you suffering injuries. These accidents range from slipping on slick surfaces and cutting yourself on exposed sharp objects, to being burned by hot surfaces and tripping over uneven flooring.

Understanding the steps to take following an injury on business premises is crucial. This knowledge can protect your legal rights and well-being. Our California property injury lawyers at Berg Injury Lawyers can guide you through what to do after an accident on a business’s property and help you get the compensation you need to recover.

Understanding Premises Liability

Premises liability refers to the legal responsibility of property owners, including businesses, for injuries occurring on their premises due to negligence or unsafe conditions. Businesses must maintain a safe environment for customers and visitors. This duty includes regularly inspecting the premises, promptly repairing hazards, and providing warnings for potential dangers.

When a business fails to uphold this duty, and someone is hurt, the injured party may have grounds to file a premises liability claim against the business. This typically involves negotiating a claim with the business’s commercial liability insurance or filing a personal injury lawsuit in court.

To win a premises liability claim, you must prove that the business had a duty of care toward you as a visitor, knew or should have known of the danger, and failed to take steps to address it. You must also show evidence, such as medical bills or witness testimony, demonstrating the damages you suffered from the accident.

Filing an Injury Claim

If you’re injured on a business’s property, you must take specific steps to protect your rights and file an adequate claim for compensation. Here’s what to do after your accident:

• Get Checked by a Medical Professional: Even if your injuries seem minor, get a medical evaluation as soon as possible. Some injuries may not be apparent right away but could worsen if left untreated.

Example: You slip on a wet floor in a coffee shop and initially feel fine, except for a minor ache in your ankle. However, when you visit a walk-in clinic for a check-up, the doctor discovers a sprain. This timely medical assessment provides essential documentation for your injury claim.

• Report the Injury: Immediately notify the business owner or management about the incident. Ask them to document the incident in their records and obtain a copy. This creates an official record of the accident, which can be valuable for your claim.

Example: Right after tripping over a loose tile in a bookstore, you find the manager and explain what happened. The manager writes an accident report, and you get a copy for your records, creating an official account of the incident, which you can use when filing your claim.

• Document the Details: Take detailed notes of the accident, including the date, time, and location, as well as the circumstances leading to the injury. If possible, take photographs of the hazardous condition or area where the incident occurred. Collect contact information from any witnesses who saw what happened.

Example: Immediately after slipping on an icy sidewalk outside a mall, you use your phone to capture pictures of the area, highlighting the absence of salt or sand. You make a note of the time, date, and which entrance you were near when you were injured. Before leaving the scene, you swap contact details with any bystanders who witnessed the fall or assisted you. These actions gather crucial evidence for your accident claim, allowing you to contact the witness for a statement during the filing process.

• Preserve Evidence: Keep physical evidence of the accident, like torn clothing, shoes, or damaged personal belongings. This evidence can support your claim and demonstrate the severity of your injuries.

Example: After snagging your sleeve on a sharp object in a clothing store, leading to a torn garment and a deep scratch on your arm, you keep the damaged clothing and document your injury with photographs. These pieces are tangible evidence of the occurrence and the direct injury inflicted, proving invaluable for substantiating your claim with insurance companies or in a legal setting.

The Role of Personal Injury Attorneys in Premises Liability Cases

Filing a premises liability claim can be complex, especially when dealing with insurance companies or pursuing legal action against a business. A personal injury attorney specializing in premises liability cases can help with several aspects of your case, helping you maximize compensation.

Our attorneys at Berg Injury Lawyers can use our 40+ years of legal experience to protect your rights and do the following:

• Evaluate your case and determine the strength of your claim
• Use all available evidence to calculate the full compensation you’re owed
• Negotiate with the business’s insurance company on your behalf to ensure you receive a fair recovery award
• Represent you in court if a settlement is not reached and litigation becomes necessary
• Handle all legal aspects of your case, allowing you to focus on your recovery

Get the Settlement You Deserve with Berg Injury Lawyers

Suffering harm on a business’s property can be a stressful and overwhelming experience. However, knowing how to respond and protect your rights is essential.

If you’ve been injured on a business’s property in California, contact us today for a free consultation. We can help you start a compensation claim and get your life back on track.

How to Handle a Personal Injury Claim That Involves a Minor

by Staff Blogger | April 15th, 2024

As with adults, children under the age of 18 can be victims of personal injury accidents, whether they’re car accidents, premises liability incidents, or dog bite attacks. When adults are injured due to others’ negligence, they can personally file injury claims or lawsuits against the liable parties and receive compensation for their damages.

While minors have the same rights, the legal process has different requirements. This typically involves the appointment of a guardian ad litem (GAL), a court-appointed advocate responsible for protecting the child’s best interests during legal proceedings.

Knowing the role of a GAL and working with a California personal injury attorney can help you get your child the compensation they deserve.

The Role of a Guardian Ad Litem

In personal injury cases involving minors, a GAL focuses exclusively on the child’s welfare, providing an unbiased perspective necessary for the child’s best interests. The GAL’s responsibilities include:

• Assessing the Child’s Needs: In personal injury cases, the GAL evaluates the child’s circumstances by examining medical records, consulting with educators, and observing their daily environment. This assessment ensures the child’s specific needs are understood and addressed throughout the legal process.

• Making Court Recommendations: Based on their findings, the GAL proposes the most beneficial actions for the child’s welfare to the court. This might include specialized medical treatments or educational services to support the child’s recovery and development.

• Serving as the Child’s Voice: The GAL ensures that the child’s preferences and interests are communicated to the court. They advocate for the minor’s views on living arrangements, medical care, and other aspects of the case, giving the child a meaningful role in the proceedings.

• Liaising Between Parties: The GAL acts as a mediator between the child, their family, and all legal parties. This ensures a unified approach to addressing the child’s needs, facilitating clear and consistent communication.

• Monitoring Case Progress: The GAL monitors the progression of the personal injury case and the enforcement of court orders. Their oversight guarantees that the child’s welfare remains a focal point of the legal process, upholding their rights and well-being.

The GAL’s role differs from that of a personal injury attorney. The minor and their family may hire a personal injury lawyer to pursue compensation and handle legal claims. At Berg Injury Lawyers, we work closely with the appointed GAL in your child’s case to ensure that our legal strategies align with the minor’s needs.

Steps to Take After an Accident

After an accident involving a minor, it’s important to act quickly and decisively to protect their health and legal rights. Here’s what to do if your child is hurt in a personal injury accident:

• Seek Immediate Medical Attention: Seek prompt medical attention for the child to ensure proper diagnosis and treatment and to document their injuries. Delayed treatment could exacerbate injuries and weaken the claim.

• Report the Incident: Report the accident to the appropriate authorities, whether law enforcement, school officials, or other relevant parties. This creates an official incident record, which your attorney can use during the claims process.

• Document Details and Evidence: Thorough documentation is critical for building a strong case. Collect information such as witness statements, photographs of the accident scene, and medical records detailing the minor’s injuries and treatment for your child’s claim.

• Maintain Detailed Medical Records: Keep all records of your child’s medical expenses, treatment plans, and prognosis throughout their recovery. This documentation shows the long-term consequences of the injury on your child’s life and helps estimate appropriate damages.

• Seek Compensation: Work with a skilled personal injury attorney to help you through every stage of the claims process. Our team at Berg Injury Lawyers can help you gather evidence, assess medical records, and negotiate with insurers for fair compensation.

If the insurer won’t settle, we can take the case to court and partner with the GAL to protect your child’s interests in a lawsuit.

Accurate Compensation for Minors

Securing fair compensation for a minor in a personal injury lawsuit requires navigating complexities not present in adult cases. Lawyers need to consider the prolonged consequences, such as medical requirements, ongoing care, psychological suffering, and the implications on the child’s quality of life.

This process might involve detailed reviews of medical records, consultations with pediatric and other specialists, and collaboration with the child’s GAL to gather insights into the child’s health and well-being.

Additional compensation considerations include the following:

• Court Approval Requirement: Settlements for minors undergo court review to confirm they prioritize the child’s medical or educational needs. For example, a judge may scrutinize the settlement terms to ensure they adequately cover future medical treatments and rehabilitation costs.

• Preference for Structured Settlements: In safeguarding the minor’s financial well-being, judges often prefer structured payments instead of one-time lump sums. This arrangement may involve periodic disbursements designated for educational costs or continuous medical treatment, offering a steady economic base as the child matures.

Get Skilled Legal Representation for Your Child’s Injury Case

At Berg Injury Lawyers, we specialize in advocating for the rights of minors and their families, helping them receive the financial justice they deserve. We know the laws governing settlements for minors and know how to build a strong case.

If your child has been injured due to someone else’s negligence, contact us for a free, confidential case review to receive legal guidance and representation.

What to Do if You’re Injured on Public Transportation

by Staff Blogger | April 8th, 2024

Public transportation is a convenient and cost-effective way to travel for millions of people in California. The state’s monthly ridership was around 60 million in 2022, a rebound from lower numbers during 2020.

Despite the relative safety and convenience of public transportation, accidents can happen. In 2023, 14 people were injured when a transit bus crashed into a restaurant in Long Beach. That same year, a Metro bus rolled backward into a retaining wall, injuring three passengers.

Knowing how to respond if you’re in a public transportation accident is vital to your immediate well-being and potential legal implications. A California public transit injury lawyer from Berg Injury Lawyers can help you understand your rights and get fair compensation after a crash.

Immediate Steps to Take After an Injury

Your actions after a crash involving public transportation in California can safeguard your right to potential legal actions. These cases involve governmental authorities, which can mean taking extra steps to preserve evidence and report the incident.

Here’s what you should do after a public transit collision:

Understanding Public Transportation and Liability

In a standard vehicle accident, victims in California can typically file for compensation against the party who caused the crash. This involves gathering evidence, submitting a claim with their liability insurance, and receiving a settlement.

In crashes involving government entities, liability can be more complex. California’s Tort Claims Act can make it more difficult to sue municipal or public-run programs or employees. In addition to requiring extra steps for filing a claim, it requires you to prove that your injuries resulted from negligence or misconduct by the government entity, such as speeding or failing to maintain bus equipment.

How a Personal Injury Lawyer Can Help

A personal injury lawyer with experience handling public transportation cases can help you seek a fair settlement for your injuries. Our team at Berg Injury Lawyers can do the following to help you get the recovery award you deserve:

• Investigate the Accident: We collect evidence such as surveillance footage, police reports, and witness statements to build a strong case. Our team can work with accident reconstruction experts to establish fault and liability.

• Handle All Communications: We deal with the transportation company, insurance adjusters, and other parties involved on your behalf to ensure your rights are protected.

• Navigate Legal and Regulatory Challenges: We understand and apply state laws governing public transportation accidents, protecting your right to sue for damages.

• Secure Fair Compensation: Our attorneys can calculate and negotiate settlements that cover medical expenses, lost wages, pain and suffering, and other damages.

• Represent You in Court: We can take your case to trial to fight for the compensation you deserve.

Contact Berg Injury Lawyers After a Public Transportation Accident

Injuries sustained on public transportation can have physical and legal consequences. Knowing the proper steps immediately after an incident is crucial for protecting your health and legal rights.

If you’re considering pursuing a personal injury claim, contact Berg Injury Lawyers today. Our experienced team can help you get the compensation you’re owed. Schedule a free consultation to discuss your case and learn how we can help you protect your right to compensation.