The Weinberger Law Firm

Schedule a Free Consultation

(916)661-4464
mob-iconCall Us Now
Peerless representation.
Positive results.
banner-img-inner

When is a storeowner responsible for a slip and fall injury?

Personal Injury

by

If you lose your footing and injure yourself in a store, you may face a host of new challenges, such as physical pain, inability to perform daily functions like you used to, and inability to work to support your family while you heal. Even if you are not eager to bring a lawsuit and go through the legal process, you need compensation for the economic and physical toll that your accident has taken on your life. Under what circumstances can you hold the storeowner legally responsible for a slip and fall?

What makes a storeowner legally liable

The mere fact that you suffered an injury inside of a store does not automatically make the owner liable for your injury. Instead, your attorney will have to prove the existence of certain elements before you stand a chance of being successful in a lawsuit.

First, there must have been a dangerous condition. In the setting of a store, this is most often something like spilled liquid, uneven stairs, a broken railing, unstable shelves and so forth.

Next, your attorney must prove that the storeowner or their employees knew about the hazard, or that they would have known about it if they had exercised a reasonable level of prudence and care.

Finally, the storeowner’s employees must have failed to take adequate steps to mitigate the danger – such as by quickly mopping up the spill, posting signs, and otherwise warning customers of the potential danger. This is because California law imposes upon every property owner the responsibility to exercise reasonable care to keep their premises safe for visitors.

What you can recover

If you are successful in your lawsuit, you can seek compensation for your medical bills. You can also ask for damages resulting from your physical and emotional suffering, as well as any missed pay resulting from your inability to work. In rare cases, if your injury results in permanent disability, you might be able to recover for your loss of future earning capacity.

Slip and fall cases can be nasty, and can result in considerable suffering for the victim. Sometimes, pursuing a claim against the storeowner is the only way to be made whole again after the accident.

by

After a car accident, your physician and loved ones may focus on helping you heal from your physical injuries. But after a serious collision, you may also experience symptoms of posttraumatic stress disorder and other emotional effects.

The American Psychiatric Association defines PTSD as a psychiatric disorder that can occur after you witness a traumatic event, like a car accident. Following the accident, it is important to take steps that can help you protect your mental health and wellbeing, especially if you develop PTSD.

Talk to trusted friends and family

It may be difficult to talk about the car accident and relive this traumatic day. But talking about what happened with a close friend, family member or therapist can help you process this event and move forward.

Stay physically active

Your physical health can directly affect your mental health and exercise can help you reduce stress and anxiety. Commit to daily exercise and active activities approved by your doctor during the recovery process.

Get back to your routine

You may feel overwhelmed at the thought of going back to school, work and your routine. Ease back into his process slowly, so you can start to feel like life has started to return to normal.

A car accident can greatly alter your life in an instant, so it is normal to struggle on an emotional level in the aftermath of the collision. Be patient with yourself as you heal and focus on recovering mentally as well as physically in the days and weeks following the accident.

by

An accident that causes serious injuries can change your life. You may not be able to continue working as you once did and may need to deal with bills from multiple medical procedures. You may need to plan for future procedures, physical therapy and may even need to restructure parts of your home for better access.

Those who are in this situation may believe that insurance will cover the cost of their injuries and help them get back on their feet. Unfortunately, this is not always the case. Even in clear cases when there is no question that the other party was at fault, insurance companies are notorious for trying to low-ball or even deny the claim and avoid paying the victim a reasonable recovery. Common tactics can include:

  • Look for a loophole. The first step is often an attempt to deny the claim completely. This is often achieved by claiming the accident does not qualify for coverage. The insurance provider may state that the accident was not the result of their customer’s negligence, but instead was your or another party’s fault.
  • Pressure to settle. The insurance contact may pressure you to take a settlement early on so you can move on and not worry about the claim, instead focusing on recovery. This is often a tactic used to pressure a victim into accepting a lower recovery rate than what they deserve.
  • Question injuries. Insurance providers will also question the severity of the injuries and threaten to carefully review medical records of discrepancies. They may also argue that the injuries were not the result of the accident but preexisting to further lower the chance of your getting a reasonable recovery.

Unfortunately the insurance companies are not the only ones looking to reduce the recovery amount available for victims. A recent law under consideration would limit how much a victim can compensate their attorney. If passed the law would cap the victim’s ability to compensate their legal counsel at 20%. This would limit their ability to hire skilled counsel. To make matters even worse, the law does not put a similar cap on insurance companies — they are free to pay as much as they want. Such a law could result in uneven representation for these types of claims.

by

One of the hardest parts of recovering from a car accident in California may involve your emotional health. Finding the confidence to drive again when the very thought of getting in a car causes angst, may take some time and even professional intervention to overcome.

Improving your driving skills is one way that you may regain your confidence to drive.

Prepare and watch

Even if you are a great driver, accidents still happen. In fact, according to the California Office of Traffic Safety, in the year 2019, there were over 3,500 traffic fatalities in the state. The more prepared you are, the more focused you can stay on driving and getting safely to your destination. Some things you can do to stay safer include the following:

  • Map out your route ahead of time
  • Allow yourself plenty of time to get to your destination
  • Program your GPS before driving
  • Silence your cellphone
  • Constantly scan the area around you
  • Learn how to safely respond to road hazards

Know your car

You can also improve your driving abilities when you feel comfortable in your vehicle. Prior to leaving anywhere, adjust your mirrors and stirring wheel. Position your seat to where you can comfortably reach all of the controls. If driving an unfamiliar vehicle, take a minute to learn where various controls are so you do not have to figure things out while driving.

Keeping your vehicle well-maintained can also reduce the risks of an accident which can help you feel more confident. With time and practice, you can rebuild your confidence and find driving enjoyable again. Additionally, your desire to improve your driving habits may reduce your risks of injury in an accident.

by

Far too often, injured people are mistreated by a negligent corporation and by the insurance industry.

The insurance companies step in after people are hurt and take advantage of them, giving them bad advice and cheap settlement and basically lying about the value of their cases.

Someone is injured through no fault of his own, or a family member or loved one is killed because of the recklessness of another person. It is clear that the other person is at fault. At first, it seems like the insurance company or negligent individual will not fight the case and will pay a quick settlement.

The insurance adjuster will ask the injured person to “Sign a few forms” or give a “recorded statement.” The insurance person acts nice and promises that the proper party will accept fault.

Then, after a while, the insurance company keeps asking for a bunch of information, forms, and paper. The adjuster stops calling back. The accident victim cant’ reach anyone or get any information from the company. Sometimes, they will try to make the injured person sign something before receiving medical attention.

Insurance companies do not treat injured victims fairly! That means that if you’ve been injured in an accident, you are in for a fight! That’s why it’s important to contact an experienced personal injury attorney at The Weinberger Law Firm to fight the greedy insurance companies for your fair compensation.

Insurance Myths After a Car Accident

Myth #1: You must sign every document the adjuster sends you – You are not required to sign a release of information for the other person’s insurance company. While an adjuster may want to look at your medical and employment records to assess your injuries, they do not have a right to the documents unless a lawsuit has been filed.

Myth #2: You have to give the adjuster a recorded statement – If a lawsuit hasn’t been filed, you do not have any obligation to give a statement to the other guy’s insurance company, recorded or otherwise. In fact, these often work against you because the adjuster can ask virtually question without objection and the claimant locks him or herself into answers early in the claim. It is important to speak to an attorney before agreeing to a recorded statement. Often an attorney will sit in on a recorded statement to protect your case.

Myth #3: Insurance adjusters are always honest with claimants – In the days after a claim is opened, the adjuster’s goal is to find out as much as possible about a claim to find any weakness to exploit. Adjusters can sometimes say something just to see if the claimant will give them what they want or to see how the individual reacts. There have been documented instances of insurance companies using fraudulent means to get a claimant to accept a low settlement offer.

Myth #4: The insurance companies will make a reasonable offer to settle your claim to avoid having to hire an attorney to defend the case – This is simply not true. The insurance companies see this as nothing more as a cost of doing business. Also, there is an increasing trend towards insurance companies using in-house counsel, meaning that they don’t have to pay attorneys by the hour to represent them. Therefore, these companies are not saving by avoiding a lawsuit.

Myth #5: There is a set of quotations to estimate the value of the claim – You might have heard that a claim should be worth three times the amount of a medical bill that you incurred from the accident. However, the reality is that this is not true because every case is different. For instance, if you were to break your ribs, there would be little a doctor could do to treat your injuries and your appointment would be sporadic over a number of months. However, your pain and suffering would be great. Every move you make would be agonizing and even breathing would be painful. That case would have relatively low medical bills. On the other hand, if your injury is to your muscles and soft tissue in your neck or back, you would need regular treatment, sometimes on a daily basis, while the injury healed. Your pain and suffering would probably be considerably less than the case of a broken rib, but the bills for treatment would probably be higher.

If You Are Injured, the Insurance Company Has All the Power

When you are injured due to someone else’s negligence or recklessness, you are in a position of weakness. You’ve got medical bills to pay. You’ve got to figure out what to do with your job, how to make ends meet, how to take care of your family. The negligent person doesn’t have those concerns. And the negligent person probably has an insurance company working for him or her to help defend against you.

The insurance company will see thousands of injury claims each year. The insurance company will have “adjusters” whose only job is to save the insurance company money and defeat claims by injured people. These adjusters are very good at what they do. Most experienced adjusters will have handled hundreds of thousands of claims. They will know how to trick the injured person into doing something that hurts his or her case. They will know how to make it seem like they are your best friends or have your best interest at heart.

The Adjusters Are Not Your Best Friend and Do Not Have Your Best Interest at Heart

So, if you are hurt by someone else’s negligence it is important to contact a Folsom accident attorney Joe Weinberger at the Weinberger Law Firm. Protect your legal rights and call (916) 357-6767 to schedule a free consultation with a Folsom accident attorney Joe Weinberger.

by

Sacramento Personal Injury Lawyer Explains Catastrophic Injuries That Lead to Hearing Loss

The sense of hearing is very important for an individual’s quality of life but often is not taken very seriously. It isn’t until it is too late and the damage has been done that people get concerned about their ability to hear. Much of the damage done to ears is irreversible so it’s important to protect your ears whenever possible. Because the damage can alter your life and the life of loved ones, it’s important you consult with experienced Sacramento personal injury lawyer who can evaluate your case and determine whether you deserve compensation.

Injuries That May Result in Loss of Hearing

Unfortunately, our ears are exposed to the world at all times. There’s no way to turn them off, unlike with eyesight. This leaves them vulnerable when exposed to physical danger and loud sounds, especially over time. Individuals may not notice damage creeping up on them when exposed to dangerous conditions on a daily basis. There are several ways ears and hearing may be damaged, such as:

  • Physical accidents – Trauma to the head may cause a loss of hearing. This can occur during car accidents or other physical events that involve blunt trauma.
  • Work environments – When working in loud environments, such as concert venues and construction sites, it is quite common for individuals to incur hearing damage.
  • Medical procedures – Some medications can be ototoxic (damaging to the ears). It also may be possible to lose hearing during surgical procedures, such as tumor removal. Hearing loss also may occur with improper treatment of ear infections or compacted earwax.

Types of Hearing Loss

The ear is relatively complicated, with several parts that can cause a loss of hearing when damaged. Below are the three main types of hearing loss:

  • Conductive hearing loss – This type of hearing loss is caused by damage to the ear canal, eardrum, or the little bones within the middle ear (just on the other side of the eardrum). Injuries that may cause this type of hearing loss include compounded earwax or infections that are not properly treated, damage to the eardrum for example caused by a foreign body, and perforated eardrums caused by trauma.
  • Sensorineural hearing loss – This type of hearing loss is due to problems in the inner ear and relate to damage to the nerves. Sensorineural hearing loss may be caused by exposure to loud noises, trauma to the head, and various viruses and diseases.
  • Mixed hearing loss – Sometimes there are both types of damages. It is possible to have damage to the inner ear or nerve as well as the outer and middle parts.

If you have suffered any type of hearing loss from an injury, you may be entitled to compensation. Sacramento personal injury lawyer who has a skill in handling these type of personal injury cases can represent you in court during this difficult time in your life.

Hearing Loss Symptoms

People don’t often realize or want to admit when they are experiencing problems hearing. It may be embarrassing, or they just don’t want it to be true. Ask yourself the following questions to determine if you may have hearing loss:

  • Do you frequently ask people to repeat themselves?
  • Do you have difficulty hearing in groups?
  • Do you listen to the TV or radio at volumes that bother others?
  • Do you often blame other people for mumbling, believing you can hear but not understand what they say?
  • Do you have trouble hearing when someone is speaking behind you?
  • Do you have trouble hearing people on the phone?
  • Do you often miss your alarm clock going off?
  • Do you have trouble hearing in the movies?

It’s important to get tested to see how severe your hearing loss is and to determine the cause.

The Aftermath

Hearing loss can affect many aspects of an individual’s life. It is difficult to communicate with others on a daily basis, which is important for many parts of life. Often, people who have hearing loss isolate themselves because it can be so frustrating trying to communicate. This can lead to depression, which creates a vicious cycle of isolation. When hearing loss is severe, it can be dangerous to drive or ride bikes, as an individual can’t hear when an emergency vehicle is approaching or the warning honks of other vehicles.

If an individual loses their ability to hear due to someone else’s negligence, for example in a car accident or at the workplace, they may have a case to receive just compensation. Speak to your local injury lawyers who can evaluate your case and determine the best course of action. Employees have the right to be protected from damaging environments but often are not offered the necessary equipment. Treatment for hearing loss and changes to one’s lifestyle can be expensive. The change in the quality of life and frequent depression that accompanies the loss of a sense deserve to be compensated.

Proving negligence can be difficult and complicated, but is the best chance for an individual to receive the compensation they deserve. It is important to seek legal advice from skilled personal injury attorneys in these situations, even when the negligence isn’t obvious or certain. An experienced law firm will be able to investigate the situation and determine whether you have a case.

Contact Sacramento Personal Injury Lawyer Today

If you or a loved one has been injured do not hesitate and contact a Sacramento personal injury attorney at The Weinberger Law Firm to discuss your legal options. We have offices in Sacramento & Folsom for your convenience and have the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.

Call (916) 357-6767 today for a free consultation with our Sacramento personal injury lawyer regarding your personal injury case.

by

This winter has certainly been a wet and wild one for Northern California so far this season. The Sacramento Valley, in particular, has seen some extraordinary winter weather and the third week of January brought with it incredibly strong winds that have left the Sacramento area rebuilding on this Thursday, January 19, 2017. High winds were reported across the Valley, with the strongest gust coming in at an intense 63mph, which was reported at the Sacramento International Airport. 50mph gusts were reported across the region, and reports from SMUD indicate that almost 50,000 people in the immediate Sacramento region suffered power outages last night and early this morning as a result of downed power lines.

Power wasn’t the only thing people lost last night, many individual’s homes, vehicles, and other personal property were damaged in the high winds, and one vehicle was actually struck by a falling tree on the corner of 19th and X streets in Sacramento. In El Dorado Hills, multiple reports came in of trees being uprooted and falling onto houses and cars as a result of intense wind. Downed trees were also responsible for road closures across Northern California, and Highway 160 was closed from Highway 12 up to the Antioch bridge as a result of downed trees blocking the roadway.

All this crazy weather and the damage associated with it might have you thinking who will be paying for all of this property damage and personal injury. Lucky for you, the Sacramento personal injury attorneys at The Weinberger Law Firm are taking the time to explain a few important items pertaining to liability in these scenarios. First, we will explain how to determine who owns the tree.

California Civil Code Section 833 states that if the trunk of a tree stands wholly on the land of one landowner, that landowner owns the tree regardless of whether its roots, foliage, or branches have grown onto the land of another. California Civil Code Section 834 states that if the trunk of a tree stands partly on the land of two adjoining landowners, then both landowners own the tree. Now that ownership has been attributed, you can attempt to determine liability and whether you or the tree owner’s insurance policy will cover anything.

  • What happens if my tree falls onto my house or property?
  • What happens if my neighbor’s tree falls onto my house or property?
  • What happens if my tree falls onto my neighbor’s house or property?

Acts of God and Liability

The above are questions that are floating around in the minds of thousands of Northern Californians today, and they are not always easy to answer. The main question to ask when determining liability and coverage for damage caused by a fallen tree is whether the tree toppled due to “an act of God” (a term used by insurance companies) or it was related to negligence. The term “act of God” is used to describe events that take place in which a property owner has no control over the situation. An extreme wind storm or other weather event falls into this category, and therefore, if a tree fell on your house and was caused solely by the wind storm, your insurance policy would likely cover it regardless of who owns the tree.

Negligence and Liability

Not all trees that fall during a windstorm, however, fall because of the wind. Property owners are expected to maintain a certain level of safety on their property, and inspecting and maintaining their trees is part of this responsibility. If the damage is caused by a diseased or damaged tree, insurance companies will likely determine that negligence on the part of the property owner caused the tree to fall, not an “act of God”. Insurance companies are in the business of making money, not paying out claims, and they will do all they can to prove negligence in the event of a fallen tree. You need an experienced personal injury attorney in Sacramento to navigate the process for you and ensure you are not taken for a ride.

Have You Been Injured by a Falling Tree in Sacramento?

Was your car or home damaged by a falling tree in Sacramento? The Weinberger Law Firm has the top personal injury attorney in Sacramento and the right wrongful death attorney in Sacramento to help you with your injury needs. Call a Sacramento personal injury lawyer today for a free consultation with a Sacramento wrongful death lawyer that can help get you the compensation you deserve.

by

There are a lot of cars on the California roads and as the population increases, so do car accidents. In fact, in 2007 alone, 4,000 people died on California roads and highways. The grieving process alone for losing a loved one in an automobile accident is difficult alone but trying to cope with the thought that the accident was caused by someone else’s negligence is even more devastating. If you or someone you know lost a loved one due to the irresponsibility of someone else, you could potentially pursue a wrongful death claim. Immediately seek advice and consultation from an experienced California injury attorney.

While there is no amount of money that can bring a loved one back, California law allows victims to receive compensation for financial burdens and in some cases, the emotional suffering. Although each case is different, some of the compensation that is available to surviving family members are:

  • income
  • potential future earnings and inheritances
  • medical expenses
  • funeral costs
  • emotional pain and suffering

Driver Negligence

Every driver on the road has a responsibility to act and drive cautiously to safeguard everyone else on the road. When a driver is negligent or reckless however, he or she does not take the safety of others into account. Some of the most common types of driver negligence are:

  • driving under the influence of alcohol and/or drugs
  • speeding
  • ignoring the rules of the road
  • using a cellphone to talk or text
  • fatigued driving
  • passengers talking or distracting you
  • anything else that distracts you from your responsibility of careful driving

Any of these reckless behaviors can cause an accident and take a life whether its someone in another vehicle or a pedestrian on the street. Reckless driving can cause some of the most severe types of accidents such as head-on collisions and side-impact crashes which could lead to serious injuries and death. Some of the common types of fatal car accidents due to negligence are:

  • rear-end accidents
  • intersection accidents
  • alcohol-related accidents
  • hit and run
  • motorcycle accidents
  • pedestrian accidents

Establishing Fault

In order to receive compensation, you must establish who is at fault. This is not an easy process to do and usually, an experienced personal injury attorney is best to help you in your specific circumstance. To prove fault, a judge will have to review:

  • official accident reconstructions
  • medical records
  • testimony from witnesses
  • police reports

In order to have a successful lawsuit in California, the plaintiff must prove that

  1. a death occurred,
  2. the death was caused by another’s negligence or an intent to cause harm and
  3. the surviving family must show how they suffered a loss as a result of the victim’s death.

If you are mourning over the loss of a loved one, you shouldn’t have to deal with frustrating insurance companies, conducting investigations or anything else that is necessary to prove negligence caused a death. Keep in mind that there is a statute of limitations for when you can file a case so don’t wait to speak with a California injury attorney immediately.

by

The General Motors recall scandal was one of the biggest news stories of 2014. Although the Takata airbag recall has since taken the media spotlight, the fallout from the GM scandal is still being felt nationwide. So far, 109 car accident fatalities have been linked to GM’s defective ignition switches and its decade-long delay in issuing a recall.

There is little debate about the fact that General Motors bears the vast majority of the blame for this tragedy. But many believe that the National Highway Traffic Safety Administration also failed in its duties to the American People. Recently, the Transportation Department released two internal reports echoing that sentiment.

The reports and top NHTSA officials note that more could have been done to further investigate evidence suggesting that the vehicles were dangerous. The NHTSA also needs to change the way that information is sought, collected and analyzed.

For most of its history, the agency has largely relied on automakers to police themselves and provide important information to the NHTSA when needed. But numerous recall scandals have proven that the honor system does not work. Car manufacturers are simply too invested in protecting their own profits.

Mark Rosekind, the new NHTSA administrator, noted that “the GM experience changed the culture here. What that means is challenge the information you’re getting, and challenge the assumptions you are pursuing.”

It’s important to point out that the NHTSA’s funding, resources, and authority have limited its ability to effectively regulate the auto industry. In the wake of the GM scandal, regulators are asking Congress to facilitate improvements in all three areas.

When it comes to ensuring the safety of consumer products, few products are as important to regulate as automobiles. Until or unless substantive changes are made and sustained, we can expect further recall scandals in the future.