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James Michael Bergener
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James Bergener’s Answers

138 total


  • I've had 4 spine surgeries, severe permanent spinal cord injuries/paralysis suffered from a neglignent HOA and Condo Mgt. Co...

    I've had over 15 spine surgeries/procedures, severe permanent spinal cord injuries/paralysis suffered from a neglignent HOA and Condo Mgt. Co... I am finding out that this HOA law in Los Angeles Coutny and CA is etremely complex. I have over 60...

    James’s Answer

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    I am very sorry to hear about your accident. You should consult with a personal injury attorney as soon as possible. It sounds like your fall took place a while ago, so the sooner a lawyer can evaluate your case, the more effective he or she can be. I've included some links below you may find helpful. There are many qualified personal injury attorneys here on Avvo. Most of us provide free consultations, and operate on a contingency fee, so you have nothing to lose. Good luck!

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  • I slipped and hurt myself in a martinez California Walmart store yesterday. What should I do if I'd like to get compensated ?

    I dont know what the first thing to do should be? Do I see my personal doc or emergency room or chiropractor?

    James’s Answer

    I'm sorry to hear about your fall. The most important thing for you to do after any accident is to be seen by a doctor. If you have not gone already, your local urgent care may be your best option. Their prices tend to be reasonable, and they may have faster access to x-rays than your personal doctor. However, for your peace of mind, it's important to get checked out to rule out serious injury. Any of the options you mentioned would be a good start. After that I would look for a personal injury attorney in your area in order to find out if you have a claim against Walmart. Slip and fall cases can be complex and require a close review of someone experienced. Good luck!

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  • Can I sue Home Depot?

    I was parked on home depot parking lot, still in the car when I felt and heard a strong bang.. When I went out of the car and looked what happened, I saw home depot carry leaned against me car. When I removed the carry I saw a dent in my car with ...

    James’s Answer

    From your description of the accident it does not seem that you would be able to prove negligence on the part of Home Depot. It appears to be the fault of the customer who pushed his cart. Did you by any chance obtain his or her information? Small claims court may be an option. Good luck!

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  • Do I need a bad faith insurance attorney

    A girl came to my home with a friend of mine in the middle of the night. She was drunk and high on meth. She attempted to kiss my service dog and fell on him in the process causing herself to get bit by my dog. The insurance company did minimal in...

    James’s Answer

    Based on the facts that you describe it does not appear that you have a bad faith on your hands. A bad faith claim would arise if your insurance company was not protecting your interests based on your contractual agreement. In fact, by paying out a minimal amount, they are actually protecting you from being personally liable for any damages caused to the young woman. Based on California law regarding dog bites, you could be held responsible for her medical bills and pain and suffering. Once she accepts the settlement offer from your insurance company, she will sign away any claim for further compensation. Good luck!

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  • Car accident injuries - Is there anything I can do? My current attorney does not seem interested in my case...

    I was in a hit and run car accident this April but got the license plate # of the driver who hit my car (totaled). Did the police report, got a lawyer, went to the doctor, had x-rays, and went to the chiropractor 2-3 times a week. My lawyer has to...

    James’s Answer

    I'm sorry to hear about your accident. Unfortunately in California we have a high percentage of uninsured drivers and we see cases like yours often. Based on you describing your insurance as liability only, it sounds like you do not have uninsured motorist coverage. Without this, there is not much an attorney can do for you if what your present lawyer has said is true. However, it never hurts to get a second opinion. Call other attorneys in your area to see what advice they may have for you.

    Your best recourse may be to sue the responsible person in small claims court for your damages. I highly recommend you add uninsured motorist coverage to your policy if you have not done so already. Good luck!

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  • What should we expect financially and do we even have a case.?

    My son who is 8, recently cut his finger in half on a metal bathroom stall door at Round Table Pizza. The latch to the door was missing which left a 2 inch hole in the door. My son and another friend were hiding from eachother and when he went to ...

    James’s Answer

    I'm sorry to hear about this accident. Premises liability cases can be difficult to prove and require detailed evaluation by an attorney. I recommend you give one a call to discuss all the details. However, from the information you have provided here it does look like you could have a claim against Round Table Pizza. Did you file an incident report with a manager at the time the accident occurred?

    The most important thing is to make sure that your son's injury is treated thoroughly. At the very least, you could expect reimbursement for your boy's medical expenses. I urge you to contact a local personal injury lawyer to discuss your case further. Most attorneys, like myself, offer free consultations so you have nothing to lose.

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  • I got side swipped by two teenagers who decided not to turn left as i was going through an intersection and then they drove off.

    I got side swipped by two teenagers who decided not to turn left as i was going through an intersection and then they drove off. I drove after them to catch them a few blocks away. I come to find that one of them maybe had Thier permit which was t...

    James’s Answer

    I am sorry to hear about this accident. I hope you and your husband contacted the police to write up a report of the incident. Since the driver left the scene of the accident, it's likely that they will face legal ramifications. You also have a personal injury claim against the driver and/or the owner of the vehicle.
    I advise you to contact a California personal injury attorney who will examine all the details of your accident and answer any of your questions. A lawyer will defend your rights and make sure you receive fair compensation. This can free you up to focus on making sure you and your baby are healthy.

    There is a possibility that there will be no insurance covering the responsible party. Do you know if you have uninsured motorist coverage (UM / UIM) on your auto policy? You can find this in your policy paperwork. If the other part is uninsured, you can apply to your own insurance for compensation. Any attorney you and your husband speak to can help you confirm this information. Consultations are free so you have nothing to lose. Good luck!

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  • Can they get information from just my license plate number to insurance?

    I backed up a little into a car but no major damage and they just got my license plate number can they actually get my information from DMV or insurance?

    James’s Answer

    Yes, both police and lawyers can obtain this information. It's definitely a good idea to report it to your insurance. If you were involved in a hit and run, you may be facing some legal ramifications. I advise you to be forthcoming and truthful about the incident.

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  • DOES IT TAKE THAT LONG TO SETTLE YOUR PAYMENT WITH MEDICARE

    WE HAD OUR SETTLEMENT,BUT THE ATTORNEY SAID WE NEED THE FINAL DOCUMENTS TO SETTLE THE PAYMENT FOR MEDICARE,ITS BEEN 2MONTHS AND WE ARE STILL WAITING.I RECEIVED A DOCUMENT FROM MEDICARE,AND UNFOTUNATELY I MAILED IT TO THE ATTORNEY,HE SAID HE NEVER...

    James’s Answer

    It can often take a very long time to settle things with Medicare. Over two months is not unusual, and it's understandably frustrating. You were right to send your attorney paperwork from Medicare that could be relevant or helpful for speeding up the process. If the only copy of the letter has been lost in the mail, be sure your attorney is aware so that you or your attorney can follow up with the Medicare office. Good luck!

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  • Is it better to deal with your own insurance or the other parties insurance. how does the medical pay work.

    my family and i were parked at a recycle when a company truck hit a telephone line and the pole snapped and fell on our vehicle with us in it. damages were minimal considering what could have been, however, my mother and i were injured. mine w...

    James’s Answer

    Since you and your mother do have injuries, it's best to speak to a California personal injury attorney before discussing your medical needs with either insurance company. Most attorneys provide free consultations so you have nothing to lose.

    For the property damage to your vehicle, it's often easier to deal with your own insurance company. Later you can get that deductible reimbursed from the other party's insurance. Med pay coverage from your own insurance is great for covering your out of pocket medical costs. That's what it's there for. However, I still urge you to discuss your accident with a lawyer as soon as possible. Feel free to contact me with any questions. Good luck!

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