When a Loved One Dies From Wrongful Death — California Attorney Helps

When a person dies because of someone else’s negligence, carelessness or intentional actions, it is considered a wrongful death because it should never have happened. If you have a loved one who died wrongfully, you may have legal rights under the law to seek a claim against those who caused the loss.

The law recognizes that no monetary value can make up for such a grievous loss. At the same time, the law recognizes that survivors suffer not just the emotional loss caused by a wrongful death; they also experience economic and other types of loss. These types of can be compensated for in a wrongful death claim.

Attorneys who represent clients in wrongful death claims take into account many factors in order to fully protect the rights of their clients. They must have the resources and experience to build a strong case that establishes:

  • How long the person may have lived if their life had not been cut short
  • How much financial support the victim’s loved ones will lose as a result of the death
  • How to somehow place a monetary value on the loss of companionship and comfort
  • How to effectively prove liability

Two Years to File a Wrongful Death Claim

In California, you have up to two years to file a wrongful death claim. The case does not have to be completed, but it must be filed before this time limit ends.

At the law firm of Weber & Nierenberg, we work hard to help those who have lost loved ones seek justice. We are personal injury lawyers with offices throughout the San Francisco Bay Area, including Oakland, San Rafael and San Jose. Even if you are not certain that you want to file a wrongful death claim, you may have questions that we can answer.

Wrongful death laws in California allow only certain people to file these types of claims, including the surviving spouse, children or parents, depending on specific family circumstances.

Answers and Understanding From a Wrongful Death Attorney in Northern California

To discuss your concerns or just gain an understanding of your rights regarding a wrongful death claim, please get in touch with our office by calling: 1-866-288-6010. We offer a free, initial consultation and represent clients on a contingency basis in wrongful death claims. This means that our clients do not pay a fee unless we win compensation on their behalf.

Construction Site Accidents in the Bay Area

Construction Accidents

Legal Information and Counsel Regarding Dangerous and Defective Machinery and Equipment

When you are injured on a construction site because of defective or dangerous tools, you will likely be able to pursue compensation from one or more sources. Each source, however, will involve legal challenges. For instance:

  • A Workers’ Compensation claim can involve the need to determine the extent and cause of your injuries, the length and severity of any disability and the financial worth of the claim.
  • A third-party claim can lead to disputes regarding whether a third party’s negligence actually caused the injury, insurance coverage, extent of injuries, amount of loss and the value of the claim.

Attorney Joseph S. Nierenberg of the San Francisco law firm of Weber & Nierenberg have handled construction site accidents for 27 years and can provide the legal assistance you need following a serious accident or loss of a loved one.

If dangerous materials, a defective tool or a third-party contractor’s negligence led to a construction accident, we can investigate your case, and present your claim for Workers’ Compensation benefits or a lump-sum payment from an insurer. We work with accident reconstructionists and medical professionals and are experienced at obtaining compensation for lost wages and income, medical expenses, pain and suffering, loss of consortium and a range of other types of loss.

If you have been injured at work from scaffolding, a ladder, heavy machinery, an hand-held tool or other equipment, don’t get information only from your employer. Consult with an attorney who has your interests and rights in mind. Contact Weber & Nierenberg by calling 1-866-288-6010.

Burn Injuries in the Bay Area and Throughout Northern California

Information Regarding Your Rights and Options Following Injuries and Accidents

Burn Injuries

When you are injured by severe burns, you need special legal assistance. Legal assistance from an attorney who understands the psychological trauma of pain, scarring and disfiguration. Legal assistance from an attorney who can help you obtain the medical care you need. And Legal assistance from a lawyer who is experienced in investigating burn-related accidents and who has a track record of obtaining high-value compensation following serious accidents.

Attorney Joseph S. Nierenberg of the Bay Area law firm of Weber & Nierenberg have decades of experience handling burn injury and severe-injury cases, including injuries resulting from:

Have burns resulted in facial or bodily disfigurement? The need for skin grafting? The need for long-term and/or expensive treatment from a specialist or burn unit? Inhalation injuries?

We can help following first-, second- and third-degree burns. Legal challenges will likely involving determining the cause of the accident and injuries, identifying responsible insurers, determining the value of your claim and pursuing the full compensation you are owed.

Insurers will likely attempt to minimize the value of your claim, regardless of the facts and regardless of the extent of your injuries. They may even try to settle quickly with you for a minimal sum to avoid future exposure to financial responsibilities. Don’t settle less than the full compensation you need and are owed. Instead, contact Weber & Nierenberg to discuss your case at no charge. Call 1-866-288-6010.

Drugged Driving Deaths on the Rise

Committed to Protecting Your Rights Following Drug-Related Auto Accidents

When a car accident occurs, drunk driving tests are routine. They are also simple. Police officers are trained in the use of breath test devices, and police labs are usually equipped to quickly analyze blood and urine samples.

Auto accidents become complicated, however, when drugged driving is suspected. Why? The effects of many legal and illegal drugs on drivers’ ability to operate vehicles are unknown. Also, police are less equipped to react to and investigate drugged driving.

The difficulty of determining drugs’ role in car accidents is coupled with a significant increase of drugged driving nationally. A study cited by the organization Stop Drugged Driving indicates that drugs are present “more than 7 times as frequently as alcohol among weekend nighttime drivers in the U.S., with 16% testing positive for drugs, compared to 2% testing at or above the legal limit for alcohol”. Another study, conducted by the Maryland Shock Trauma Center in 2009, revealed that two-thirds more individuals tested positive for illegal drugs compared to alcohol following accidents.

If you or a loved one were injured in a car or truck accident in California, it is important that you contact a law firm that 1) can determine whether drugged driving contributed to or caused the accident, and 2), has the skills and knowledge to effectively pursue the compensation you are owed.

The attorneys of the law firm of Weber & Nierenberg have handled numerous cases involving drunk driving and drugged driving. We bring almost 27 years of experience to clients in San Francisco and throughout the Bay Area. We can knowledgeably investigate your injury claim or the wrongful death claim of a loved one and hold negligent parties responsible. To contact Weber & Nierenberg for a no-charge consultation, please call 1-866-288-6010.

Blind Spots and Truck Accidents

Contact a San Francisco and Bay Area Attorney Following a Truck Accident

The blind spot that your car or light truck’s rear view mirror can’t detect is often larger and, consequently, more dangerous on semi trucks and other large trucks. Additionally, tractor trailers have a second blind spot near the rear of the vehicle. Drivers may even fail to see you when your vehicle is directly in front of the due to the truck cabs’ higher elevation. When truck drivers fail to see vehicles and pedestrians in blind spots and accidents occur, victims may be owed compensation.

For almost 30 years the personal injury lawyers of Weber & Nierenberg have assisted car and truck accident victims in Northern California. Our record includes numerous results of $1 million or more. We can answer your questions regarding truck accidents and blind spots and provide effective legal help.

How Blind Spots Can Lead to Serious Accidents

When large trucks turn, they often swing one way in order to turn the other way, in order to achieve a better angle. When truck drivers rely on their rear view mirrors to execute a “swinging turn”, they often rely on both of their rear view mirrors. Since there are blind spots or “no zones” on each side of the truck, “swinging turns” are significantly more dangerous than most driving maneuvers, and innocent pedestrians and other drivers pay the price.

If you or a loved one has been injured due to a truck driver’s negligence involving rear view mirrors and blind spots, we can help by providing knowledgeable and experienced legal help. Our track record has resulted in needed compensation for countless clients injured in truck accident. For a no-charge consultation, contact us at 1-866-288-6010.

Legal Aspects of Carbon Monoxide Exposure in California

Carbon Monoxide Exposure

Invisible, odorless and deadly, carbon monoxide (CO) poisoning causes thousands of accidental deaths and serious injuries in the United States each year. Exposure to CO has been estimated to account for up to 40,000 emergency room visits each year. Just about everyone faces at least some risk of carbon monoxide exposure on a daily basis, through residential heating and cooking appliances, internal combustion engines of all kinds, and many different industrial processes. Cigarette smoking also generates carbon monoxide in both inhaled and secondhand smoke.

Carbon monoxide is an asphyxiant that interferes with the delivery of blood oxygen to cell tissues. Even at sublethal exposure levels, the resulting injuries can be very serious and disabling, including permanent damage to the heart or lungs, or irreversible impairment of brain function. The first signs of carbon monoxide poisoning usually appear when someone experiences a combination of the following symptoms: headaches, dizziness or disorientation, nausea, respiratory problems or unconsciousness. Untreated exposure to high CO concentrations will often result in death.

Consider Carbon Monoxide Poisoning in Medical Emergencies

Fortunately, the levels of CO exposure we face in daily life are typically low and easily dissipated through proper ventilation. On the other hand, it is very difficult to tell when carbon monoxide has built up to dangerous levels without proper monitoring and warning devices. Because the symptoms of carbon monoxide poisoning resemble those of other illnesses from flu to heart attack, you should seek emergency medical care and let the treatment team know of any suspected CO exposure risks.

Accidental carbon monoxide poisoning can occur through improper maintenance of home appliances, cars and trucks, or industrial equipment. While you can take steps to protect yourself from the buildup of CO, sometimes you’re depending on others to minimize the risks: landlords, home construction contractors, repair and installation professionals, employers, auto maintenance shops and others. Negligence in preventing or warning about carbon monoxide risks could result in liability for any resulting injuries or fatalities.

The California Legislature recently passed a law requiring residential landlords to have carbon monoxide monitoring and warning devices in each rental unit by the end of 2013. Single-family residences have been required to have CO sensors in place since July 2011.

Contact a Personal Injury Lawyer for Advice: Call 866-288-6010

The attorneys of Weber & Nierenberg have decades of experience with the investigation and proof of claims in accidental injury and fatality cases of all kinds, including claims related to carbon monoxide poisoning. In one case, we recovered $700,000 for a 69-year-old man whose brain injury was traced to CO exposure caused by negligent installation of a home heating exhaust flue.

With offices in San Francisco, Oakland, San Jose and San Rafael, our law firm is convenient for clients throughout the Bay Area. Contact us to schedule a free consultation about your case, or visit our website at www.weberandnierenberg.com.

Take the Right Steps in the Early Stages of a Car Accident Case

Car Accident Case

The decisions you make in the moments, hours and days after a California car accident can have important consequences for your legal and financial interests. A good way to protect yourself if you have been in a car accident is to know what steps to take and in what order.

Until you have the chance to discuss your case with an experienced lawyer, you’ll be acting on your own. Any serious mistakes you make can expose you to criminal punishment as well as hurting your chance of recovering damages from the other driver’s insurer or your own.

Six Essentials After a California Car Accident

The following recommendations will help you avoid problems while protecting your legal interests in the immediate aftermath of an auto accident in the Bay Area. Then it’s a good idea to discuss your situation with an attorney who can provide additional advice about your legal options. Contact the law firm of Weber & Nierenberg in San Francisco, Oakland, San Jose or San Rafael for a free consultation.

Here’s what you need to do right after a car accident in California:

    1. Stop and Stay at the Scene. If you hit something or someone, stop. If someone hits you, stop. Leaving the scene of an accident until you take care of some essential business is a serious crime and could not only create major problems for your license, it could send you to jail.

 

    1. Do What You Can for Injured Persons. Before you leave an accident scene, you and the other driver (if any) should check to see if anyone was hurt and do what you can to help – call 911, render first aid, or take an injured person to the hospital as soon as possible. Don’t worry about getting sued for injuries caused by your efforts in an emergency situation — California’s Good Samaritan Law will protect you from liability.

 

    1. Exchange Information With the Other Driver. California law requires you to give the following information to the other driver: your name, address and phone number; your auto insurance carrier and contact information; and your license plate number. You have the right to receive the same information concerning any other driver involved with the accident. If any witnesses stopped, get their names and phone numbers, too. Do not express opinions about whether you are hurt, who caused the crash, or any other matters that could later come up as evidence in a lawsuit.
    2. Report the Accident to the DMV. State law requires you to report any motor vehicle accident that results in property damage over $750 or an injury of any kind to a person. You need to complete a DMV Form SR 1 (“Report of Accident Occurring in California”) and send it in within 10 days of the accident. It’s not enough to report the accident to local law enforcement, call 911 or give a statement to a police officer.

 

    1. Report the Accident to Your Insurance Company. Your auto insurance policy requires timely notification before you will be entitled to receive coverage under your own policy. You are also under an obligation to cooperate with your insurer in its investigation of your claim or any claim against you. That doesn’t mean you should answer all questions right away, though. Give your insurer a bare-bones report of the accident right away, then politely decline to give more detailed information until you have consulted with an attorney.

 

    1. If You Were Hurt in Any Way, Get Medical Treatment. In the most serious accidents, victims will be taken be taken by ambulance to the nearest emergency room, then perhaps transferred to a regional trauma center. In the less serious range of accidents, however, people will often be tempted to decline treatment and continue on their way. This is a mistake. Many low-impact car accidents cause apparently minor injuries that will not get better on their own. Get medical treatment right away, if only to get an idea of what symptoms to watch out for.

 

Once you take care of these six essential steps right after a car accident, it’s time to consider legal advice about your insurance coverage, your right to personal injury damages, or your own risk of getting sued. With four offices throughout the San Francisco Bay Area, the personal injury law firm of Weber & Nierenberg has a regional reputation for excellence in client service and case results in car accident litigation of all kinds.

For a free consultation about your legal options following a car accident anywhere in the Bay Area, contact Weber & Nierenberg in San Francisco, Oakland, San Jose or San Rafael. To learn more about our lawyers’ experience and our firm’s approach to auto accident claims, see our website at www.weberandnierenberg.com.

Making Smart Decisions About Emergency Medical Treatment

Emergency Medical Treatment

If you have been involved in an auto accident recently, you have a lot to think about. Getting your car repaired, arranging for a loaner vehicle, dealing with your insurer, or responding to a traffic citation can all seem like top priorities in the immediate aftermath of a car crash.

In the most serious motor vehicle accidents, of course, emergency medical treatment will be the first thing to look after when a driver, passenger, bicyclist or pedestrian was badly hurt. In low-impact or single-vehicle accidents, however, when there appears to be no serious injury, people often forget that soft-tissue trauma in the knee, shoulder, wrist or neck can cause serious problems for a long time to come.

If you need advice about the best ways to seek and obtain effective medical treatment after a car accident of any severity, contact the California personal injury attorneys at Weber & Nierenberg for a free consultation about your options. With offices in San Francisco, Oakland, San Jose and San Rafael, our law firm is convenient to clients throughout the Bay Area. Our lawyers have recovered millions for people with injuries of all kinds under a wide variety of accident scenarios.

Emergency Treatment Is the Starting Point for Your Medical Evidence

One problem that car accident victims have in common is the need to prove their injuries in detail, with proper medical evidence, and with a solid projection of future treatment needs. This is true in multimillion-dollar disability cases, strain or sprain cases, and everything in between. Unfortunately, people whose injuries do not seem to be especially serious often decline emergency medical treatment, only to discover later that they are experiencing problems that were probably caused by the accident.

If you wait too long to get medical attention for car accident injuries, you run the risk that you won’t be able to prove a connection between the collision and your health problems. If you were hurt in any way at all, you should get medical attention as soon as possible. Don’t be surprised if you come out of the emergency room with a clean bill of health, only to discover symptoms in the following days or weeks. Certain injuries to the head, neck, back or joints can get worse instead of better over time. Not all injuries are identified or diagnosed in emergency treatment, either.

Protect Your Interest in Full Compensation for Car Accident Injuries

By getting medical attention shortly after an accident, you’re creating a clinical starting point for the evaluation, treatment and eventual compensation for any injuries that might have been caused or aggravated by the crash. You should also keep in mind that so-called minor injuries do not always respond to conservative treatment, even if for most people similar symptoms clear up soon.

At Weber & Nierenberg, we have seen many cases where soft-tissue injuries to the knee, shoulder, neck or back turned out to generate six-figure accident claims due to missed work, repeated surgeries, or chronic pain and suffering that proved resistant to medication and chiropractic treatment.

If you refuse medical treatment right after an accident, you are unnecessarily complicating the process of proving a causal relationship between the injuries that might later develop and the car crash. If an insurance company sees the opportunity to deny or limit coverage for an accident claim, it will certainly pursue it. Early medical attention is one of your most effective tools for protecting your interest in full compensation.

Call 866-288-6010 to Discuss Your Injuries With an Attorney

Learn more about the ways experienced Bay Area personal injury lawyers can help you get the most out of your available medical coverage while protecting your interest in full compensation for apparently minor injuries. Contact us at any of our four locations for a free consultation, or visit our website at www.weberandnierenberg.com.

Recovering Damages for Boat Accident Injuries

Recovering Damages for Boat Accident Injuries

At the Bay Area law firm of Weber & Nierenberg, our attorneys advise and represent people who suffered serious injuries in boating accidents of all kinds, from river rafting or water skiing accidents to collisions involving commercial cruise lines or other seagoing vessels. Some of these cases will involve claims of negligence against the owner, while others will depend on proof of liability against an operator, rental agent or skipper of another boat.

Clients of Weber & Nierenberg benefit from our attorneys’ experience with the wide variety of legal and evidentiary problems that can come up in the investigation and proof of California boating accident claims. You also benefit from our highly personalized and attentive approach to client service while you are dealing with the difficulties that invariably follow a serious accident. For a free consultation with trial lawyers fully committed to the best possible results for our clients, contact us at any of our four locations in San Francisco, Oakland, San Jose or San Rafael.

Comprehensive Client Service in Boat Accident Litigation

Our attorneys can handle even the most complex boat accident claims. As necessary, we work with experts from many professions and technical fields to prove facts essential to the success of your case. We also collaborate with your medical treatment team to make sure that your diagnosis, current treatment and future needs are fully documented in your demand for financial compensation.

Our attorneys also work closely with your medical and rehabilitation team so that your injuries, prognosis, and future treatment needs can be presented completely and persuasively.

Examples of the kinds of boating accidents we handle include:

  • Personal watercraft accidents (e.g., Sea Doos, Wave Runners
  • Water skiing accidents
  • Capsizings
  • Collisions in channels or at docking sites
  • Accidents involving drunk boating
  • Accidents caused by defective or inadequate safety equipment
  • Accidents on cruise ships, harbor boats or whale watching tours
  • Fishing boat accidents
  • Charter boat accidents

To learn more about your options for recovering the damages you need for a serious injury on the bay, in the ocean, or on an inland lake or stream, contact Weber & Nierenberg for a free consultation with experienced boating accident attorneys. You can learn more about our firm by visiting our website at https://www.weberandnierenberg.com.

Representing Victims of Drunk Driving Accidents in the Bay Area

Drunk Driving Accidents in the Bay Area

Investigating and proving damages claims against drunk drivers is a different exercise from other kinds of motor vehicle accidents. To learn how an experienced personal injury attorney can develop and present the facts that can help you recover the full measure of your damages, contact Weber & Nierenberg for a free consultation.

With offices in San Francisco, Oakland, San Jose and San Rafael, our law firm is convenient for clients throughout the Bay Area. We accept claims against intoxicated motorists on a contingent fee basis, which means that we collect no attorney’s fee unless and until we recover compensation for you, either through settlement or trial.

One of the biggest cases our firm ever handled involved an intoxicated bus driver who struck and seriously injured our client in a rear-end collision. We settled the case for $3.75 million.

Establishing Civil Liability for Drunk Driving

In our experience, evidence of drunk driving, substance abuse or other impairment on the part of the defendant driver can be a powerful circumstance toward establishing our client’s right to damages. We know how to work with evidence of intoxication without regard to the outcome of any criminal DUI or DWI charges against the other driver. In certain cases, our attorneys can even allege that the other driver was impaired even if no charge of drunk driving was brought against the other driver.

Because a civil claim for damages involves a lower standard of proof than a criminal prosecution, claims against drunk drivers can go forward even without a conviction on a DUI charge. We can use the evidence of intoxication developed by law enforcement without having to worry about proving the case beyond a reasonable doubt. We can also look at evidence of past substance abuse problems and prior drunk driving offenses on the part of the defendant.

Evidence of intoxication will be important in most drunk driving accident cases because it can support a claim for punitive damages. Additionally, liability for drunk driving accident damages will often be excepted from the discharge in bankruptcy. Proof that the other driver had been drinking to the point of impairment or beyond will usually strengthen the accident victim’s claims.

Learn more about the ways an experienced trial attorney can use evidence of drunk driving to help an accident victim achieve justice. Contact the Bay Area law firm of Weber & Nierenberg for a free consultation. You can also visit our website at https://www.weberandnierenberg.com.

 
 
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