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James Michael Bergener
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James Bergener’s Answers

138 total


  • I was rear ended and the police report say its the other person fault..now the person that hit me insurance is saying that it is

    100 percent my fault. I know its not because he hit me from the back and it was a merging lane and he was trying to pass me and he hit me...what kind of an attoney do I look for to help me..my car is a total loss also.

    James’s Answer

    To answer your question, you are looking for a California personal injury attorney, ideally one that has extensive experience dealing with car accidents. A rear-ender is almost always the fault of the other driver, and in this instance you seem to be getting the run-around from the insurance companies. This is a tactic they use to try and limit or altogether deny you money that you deserve. They aren't in the business of paying out maximum settlements for every claim, otherwise they would never profit. My firm makes a commitment to earn full and fair settlements for our clients, and we will negotiate for you so you can focus on getting your car fixed, and recovering from injuries. If you have any further questions please feel free to contact me.

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  • Average settlement for dog bite in Los Angeles county?

    Neighbors German Shepard got out ran acroos the street and bit me on the side. Two puncture wounds and developed a tennis ball sized bruise. Doctor treated me with antibiotics.

    James’s Answer

    I'm sorry to hear about your injury. Dog attacks can be very scary. I have handled many cases like this in California so I can tell you that it is very difficult to answer your question with a definite number. Every incident is different and many variables can affect your final settlement amount. The one thing I can say for sure is that an experienced accident attorney can dramatically help your claim.

    This is especially true in cases like yours where you've been harmed by your neighbors dog. It can sometimes 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 it sounds like you have obtained the necessary medical attention. It's important to monitor the bite and if you show any signs of infection, please go for a follow up visit right away. 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.

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  • Can I sue store for slipping on water on the ground.

    I was shopping at Nike yesterday and right when I entered the store I slipped on water puddle that was on the ground and fell and hit my tailbone and hip. The store manager came and took down some notes and gave me his business card. I went to the...

    James’s Answer

    Contact an attorney right away! You will probably have a case, especially if the employees were adequately put on notice of the hazard. If so, then they were negligent in not cleaning it to make sure someone wouldn't hurt themselves. Contact an attorney here on Avvo in your area. Consultations and evaluations are free so you have nothing to lose.

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  • More info here sorry. Do I have a case? Should I go after these guys.

    My son who is 13 was injured at business where they have the large inflated air bouncers. The name of the business is Scooters Jungle. We were invited there for a birthday party. We were there for 15 minutes. He went to use the zip line that was ...

    James’s Answer

    It looks like your son may have a claim. However, more information would need to be known before I could properly evaluate your case. Did you sign any waiver when you took your son to this facility? Did the line break off? Is it meant to stretch far? Did you ask the business if they keep any video surveillance running? You should try and contact a personal injury attorney right away to find out what you can do. You want to act quickly so witnesses can give statements, and your memory of the incident is still strong.

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  • Wrongful death suit against the driver in malibu

    my cousin was driving. i was the passenger suspect ran stop sign and t boned my cousin killing him and i have emotional problem (fear of driving, depression, nightmares etc) cousin was 18 just graduated highschool no dependants children ...

    James’s Answer

    To answer your question, the grounds for the wrongful death claim is that the at-fault driver was negligent when operating his vehicle and caused the head-on collision. You absolutely can sue for this, and I cannot stress enough how important it is that you discuss your case with a lawyer right away. With a personal injury lawyer by your side, you stand to earn significantly more from a settlement and can properly take your case to trial if necessary.

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  • How likely will I win my case for auto accident settlement at small claims court?

    My medical bills for auto accident is 4900 and mercury offered back with a settlement of 3500 including pain and sufferings. My 2 son and I was involved with the other party, and they were found at fault. Is mercury suppose to offer a settlement ...

    James’s Answer

    Mercury is completely under-compensating you. You shouldn't let them give you so little value for the obvious damages you've suffered. You need to consult with myself or another personal injury attorney here on Avvo to negotiate for you and get you a fair and just settlement. I am highly confident that you could earn significantly more by letting a professional represent you. Consultations and evaluations are free, and we work on a contingency basis, so you won't be charged a cent unless we win you money for your case. Feel free to contact me if you have further questions.

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  • The torsion cord on garage door snapped when I was closing the garage at the apt. complex where I live and now I am in the Emerg

    The cord broke on the garage door when I was closing it and I went flying - landing on my back and hitting my head hard on the parking lot pavement. 911 called. In the Emergency Dept. at Palomar Medical Center in Escondido CA.

    James’s Answer

    This sounds like you have a very good premises liability case, but more information is needed to determine who was negligent and how it happened. There needs to be a discussion about who owned the property, the conditions prior to the accident, who was responsible for maintaining it, and so on. I'm glad that you received immediate medical treatment, and I hope you are recovering and have no long-term complications. The best thing you can do now is have myself or another reputable attorney here on Avvo evaluate your case and give you a breakdown of your options. Consultations are free, and the sooner you contact someone, the better.

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  • If a Bouncer at a bar/club assaults a patron and injures him, would the bar/club be liable?

    What if the bouncer is shoving some drunk person inside the bar/club and in doing so, tramples an innocent person? What are the consequences for the owner of the bar/club and the bouncer?

    James’s Answer

    You can bring a civil action against them for the harms they caused you. However, it's important to determine what kind of injuries you sustained from the bouncer. Did you have to receive medical treatment for your injuries? Are you still in pain? The bar owner is certainly responsible if one of his or her employees were negligent in the course of their work and you suffered harm, but the specific facts are necessary to determine whether that liability exists. Feel free to contact me for further information.

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  • I was at the safeway doing my groceries and slip and fell by the self check out. there was water on the floor with no wet floor

    sign on it. i got hut on my foot and butt also my wrist. i filled a report at the store and they told me they will contact me soon. should i hire a lawyer?

    James’s Answer

    Yes. Schedule a visit with a doctor if you haven't done so already to be evaluated for your injuries. Afterwards, consult with an attorney right away so they can take all the necessary steps to secure evidence, track down witnesses, speak with the property owner, and talk to the insurance companies. Personal injury attorneys work off contingency, so you won't have to pay anything up-front, and consultations and evaluations are free.

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  • Can i sue a police department for their dog tearing up my leg

    i was laying in a ditch when the dog attacked me at 1 am. it was so bad i had to have surgery

    James’s Answer

    There aren't exactly enough facts here to say whether it would be a good idea to file suit against the police department without knowing more about what was happening when you got chased. Where the police trying to apprehend you? Why were you laying in a ditch? Were the dogs ordered to attack you?

    There are specific time constraints that require you to file a claim against a government entity much faster than you would if it were a general personal injury claim. You should speak with an attorney right to discuss your options.

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