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James Michael Bergener
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James Bergener’s Answers

138 total


  • I slid in a store and strained my hip i seen a docter got exrays prooving i was hurt but i didnt go to theropy

    should i fight it they made me a small offer

    James’s Answer

    It sounds like this accident may have happened a while ago. Did you file an incident report with the store when you fell? It's a good idea to contact an experienced personal injury attorney who will be able to evaluate your case more closely. Like myself, most lawyers offer free phone consultations and work on a contingency fee. Even if an attorney cannot make a difference in your case, they will advise you about other options. Good luck!

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  • Truck rear ended my vehicle causing me lower back and neck injury escalating to severe head aches from my neck.........

    The fault driver rear end of my vehicle, then struck the rear end of my vehicle a second time for some unknown reason. Yet, my lower back injury and especially my neck injury is causing head aches and hasn't let up. I'm waiting for copies of the ...

    James’s Answer

    I'm sorry to hear about your accident. It's irresponsible of your attorney to push you to settle your claim when you are still hurting. There may be other circumstances that you do not describe in your question, so first off, speak to your attorney again about why your case should be settled now while you are still in pain. Once you accept a settlement for your bodily injuries, you will NOT be able to get more money from the insurance company later on. Since this was a rear-end accident, liability in the case is probably clear and there should be no issue getting you the treatment you need to get back to health.

    As it sounds like you have spoken to your attorney about your feelings already, I strongly suggest you contact other California personal injury attorneys to see if you have other options. A second opinion can help assuage your concerns and give you a plan of action.

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  • I was under my car which was parked in my friends driveway & suddenly the e-brake was released causing my car to roll over me.

    This was at my friends house & my window was halfway down on my car so he reached in my car thinking he was going to pop the hood but pulled the e-break handle instead causing my car to roll over me dislocating my right shoulder. He did this witho...

    James’s Answer

    First off, you and your friend are both very lucky that you were not more seriously injured. Based on the information you provided, you probably have a claim against your friend's homeowners insurance company. This type of accident involving negligence is precisely why people carry insurance in the first place. Neither you nor your friend should have to pay out of pocket for your injuries.

    The most important thing to do is to see a doctor if you haven't already. Shoulder injuries may require therapy in order to avoid chronic problems. Consult with an attorney, like myself, who is licensed in California. We can help evaluate whether or not you have a case, and how a lawyer can help you get the best results possible.

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  • Do I still need an attorney if I fall under prop 213?

    I know the basics of prop 213: I can't sue for non-economic damages. I can still collect for financial losses. I doubt the other driver was under the effects of drugs or alcohol, I'm not a minor, I was the driver, etc... so lots of pain and suffer...

    James’s Answer

    I agree with my colleagues that you should definitely think about speaking to a personal injury attorney. Some firms may not take on your case, but there are plenty others, including mine, that help Prop 213 accident victims on a regular basis. The simple truth is, as an individual, you will never have the same bargaining power than an experienced law firm. It may be very difficult for you to even get your out of pocket expenses covered. An attorney who works on a contingency fee can help you arrange medical treatment on a lien basis, and fight on your behalf with the insurance company.

    Please visit the link below for more information on prop 213 clients. Good luck with your case and feel free to contact myself or another California attorney for more information.

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  • Falling into uncovered sewer drain on bike

    Thank you all. For the valuable info. Regarding my accident, and I've done everything as instructed all ready. But , how? Would I know that the city had any prior notice of the uncovered drain ? All I know is that it cost me a mouth full of teet...

    James’s Answer

    Thank for contributing more details. I still think you should contact an attorney by phone to discuss all the specifics. Your injuries are so significant that a lawyer will give your case and the facts serious consideration. As you mention, it can be difficult to assign blame on a city. In the example of the homeless man, it would be hard to hold the city responsible unless if perhaps there was a pattern of this behavior on part of the vagrant. A skilled lawyer would have a chance to secure a settlement, but it would be a challenge proving negligence.

    In your case circumstances that would be to your favor is whether there had been city maintenance soon before your accident suggesting that workers did not secure the area prior to leaving. This is just an example of one of the angles and type of research that would be done by the law firm you hire.

    Please visit the link below for more information on public entity claims (injury claims involving the city). These are notoriously difficult to fight on your own. City attorneys will deny and delay your claim until it is too late for you to seek compensation. I can't recommend strongly enough that you consult with a skilled lawyer from Avvo in order to protect your rights.

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  • I was injured and hospitalized for three days when I hit a uncovered city sewer drain at full stride.

    Knocked unconscience, received a concusion fractured skull split from chin to forehead threw nose and lost several teeth

    James’s Answer

    Like other attorneys here have mentioned, you have a limited amount of time to file a claim against a public entity like a city. From the information you have provided, it is certainly possible that the city is liable for your serious injuries. A city-employed worker may have left the drain uncovered, directly leading to your accident. In order to protect your rights and make sure you receive the compensation and justice you deserve, contact a California personal injury attorney immediately. My firm has handled many cases against cities and counties so I know how important it is to act quickly.

    Most personal injury attorneys offer free consultations so you have nothing to lose by calling today.

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  • I was a victim of a hit in run in CA the driver was not the registered owner, no DL, no insurance on the car

    the driver was caught and convicted of a hit n run / misdemeanor he could not be charge with a DUI because they caught him 2hr later, I talk to the owner of the vehicle he had knowledge of his brother driving the car. Now my car is a total lost I...

    James’s Answer

    I'm sorry to hear about your accident. I'm a personal injury attorney in California and have seen many people in your situation. Are you sure that there is no insurance attached to the vehicle that the hit and run person was driving? Under the circumstances you describe, the owner's insurance should cover the accident. A lawyer can help you determine this over the phone. Most attorneys like myself offer free consultations, even if it's just to answer any questions you may have.

    If there truly is no auto insurance covering this accident, and the car owner and driver do not own significant assets, you should definitely seek compensation in small claims court. The most important thing is to wait until you have finished your medical treatment. You should save all your bills and expenditures related to the accident in order to present them in small claims. Don't rush to resolve the matter while you are still treating with your doctor. You might need physical therapy for a few months to hopefully get back to your pre-accident condition.

    Nevertheless, you should ideally consult with an attorney prior to going the small claims route. Avvo is the perfect place to find a skilled lawyer who will give you a free consultation and help you effectively evaluate your claim.

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  • What recourse does a citizen have if hit by a police officer's car during a stolen vehicle pursuit?

    Daughter was stopped and waiting to turn. Vehicle being chased passed by at great speed, one police car passed, and both went on wrong side of road. 2nd police vehicle was already on wrong side of road and struck my daughter's vehicle. Officer ...

    James’s Answer

    Well this case will be more complicated and have shorter time constraints. If it can be shown that the police officer was negligent when operating the vehicle during the chase, then yes you would have a claim. Hiring an attorney is crucial though, and it will be a lot more difficult without the advice of a professional. I suggest you contact myself or another personal injury attorney here and let us evaluate your case. Once we know the specific facts, we can paint you a better picture. Personal injurys attorneys like myself work off of contingency fees, meaning we won't charge you anything until we win you money in settlement or verdict.

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  • Who will fight against walmart?

    I slipped and fell on a puddle of water in Walmart back in Nov 2012. I have well over $15,000 in medical bills and I'm being told I need knee surgery. I have one angle of the surveillance video and clearly a strong case. My now ex lawyer withdrew ...

    James’s Answer

    I'm sorry to hear about your knee problems, and I can see that you are feeling frustrated with your current situation. You do have the right to seek counsel elsewhere if you are not satisfied with your current legal representation. The best option would be to contact some of the attorneys here in this forum and ask for an evaluation. My firm, as well as most personal injury lawyers, will take your calls and consult with you free of charge. We can let you know right away if we can help you, and if not we will do our best to direct you where to go from there.

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  • Can i sue a home owner if a tenants dog bites me in the street

    Dog was on a rope but it broke and bit my arm

    James’s Answer

    I'm sorry to hear about your injury. Dog attacks can be very scary. I am a California attorney and have handled many dog bite cases over the years. You definitely have the right to pursue compensation for your injuries in this matter but it may be helpful to consult with an experienced lawyer regarding your case. Every incident is different and I would need more information in order to better evaluate your claim.

    An attorney consult can be especially helpful in accidents like yours where you've been harmed by a neighbor's dog. It can be difficult to obtain insurance information from a stubborn neighbor. An attorney will have the resources to track down this information and negotiate with the insurance company to get you the best settlement possible. Consultations are free, so you have nothing to lose by getting a case evaluation over the phone.

    Otherwise he important thing is to have any wounds treated by a medical professional. It's important to monitor the bites and if you show any signs of infection, please go for a follow up visit right away. Serious infections can occur. It's also important to call your local animal control and complete an incident report, if you have not done so already. This can help prevent future attacks. If this is the dog's first black mark, most likely scenario is that it will be put on quarantine where the owner must keep it off the streets for a set period of time. Filing an incident report is also crucial for establishing your injury claim. Good luck with your case, and feel free to checkout the link below for more information.

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