Frequently Asked Questions of Louis J. Bertsche
The following information includes frequently asked questions concerning personal injury, elder abuse and wrongful death cases. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting San Diego wrongful death attorney Louis J. Bertsche, you can receive a personal consultation regarding your specific legal claim.
What is Personal Injury?
Personal Injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Nursing Home Abuse and Neglect
- Auto Accidents
- Dangerous or Defective Product Injuries
- Motorcycle Accidents
- Aviation Accidents
- Slip and Fall Accidents/Premises Liability
- Medical Malpractice
- Traumatic Brain Injury
- Birth Injuries
- Wrongful Death
If you have been in an accident, contact a skilled accident attorney in San Diego for a free evaluation of your case. Personal Injury accident Attorney Louis J. Bertsche will share his acquired knowledge of the San Diego civil courts and a comprehensive knowledge of tort law to assess the legal issues surrounding your case.
What financial compensation can I recover in a personal injury claim?
Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
If you have been harmed by a defective or unsafe product, unsafe surroundings or by the negligent or willful conduct of another, please contact San Diego accident attorney Louis J. Bertsche for a free evaluation of your personal injury case.
If the consent form I signed prior to a procedure is valid, can I still recover malpractice damages?
Yes, you may still be eligible to recover malpractice damages; a consent form does not release from liability a physician who was negligent in performing a medical procedure. If you can establish that your physician deviated from the applicable standard of care in performing the procedure and you were injured or suffered damages as a result, you may recover compensation. You may also have a claim that the procedure the physician performed went beyond your allotted consent, in which case the doctor may be held liable for medical battery.
What is Nursing Home Neglect?Elder, disabled and dependent adults rely on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. Nursing home neglect laws encompass the federal and state governments that establish uniform standards for nursing homes to provide adequate care for the residents and ensure their protection and safety. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are currently being neglected and abused. Signs of nursing home abuse and neglect include:
- Bed sores (pressure sores, decubitus ulcers)
- Burns
- Rapid weight loss
- Unexplained bruises
- Emotional withdrawal
- Malnutrition or dehydration
- Heavy sedation
- Inability of caretakers to explain patient's condition
Whether it is a single incident that causes injury or recurrent neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding). Contact the Law Office of Louis J. Bertsche immediately for aggressive representation to pursue recovery for the harm being suffered by someone dear to you. San Diego Elder Abuse Attorney Louis Bertsche will act swiftly to relieve and care for the person you love.
Can damages be recovered for Medical Malpractice in Nursing homes?
Injuries suffered by residents of nursing homes may receive compensation under applicable California medical malpractice laws. Because nursing home residents require special care and attention, it is all the more important that the nurses and staff of the nursing home provide proper care to the residents. If someone you care about is in a nursing home and has been injured as the result of improper care, contact San Diego Elder Care lawyer Louis Bertsche in San Diego for a free evaluation of the merits of your case.
Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
- Medical malpractice resulting in a patient's death
- Neglect or abuse on the part of a nursing home that results in a patient's death
- Automobile, bus, train, airplane or other common carrier fatality accident
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
- Death during a supervised activity (sports tournament, field trip, etc.)
Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly.
How much does Law Offices of Louis J. Bertsche charge for personal injury/elder abuse counsel?
The Law Offices of Louis J. Bertsche offers competitive pricing which falls within industry standards. We tailor fee arrangements to meet each client's needs. Due to the nature of law, each case is unique, and the firm offers fee structures to accommodate each client and each client's case based upon:
- Contingency
- Retainer
- Deposits
- Set Fees
- Billable unit rates
The Law Offices of Louis J. Bertsche gives every case its individual attention and works with clients to find the best rate plan. There will be no hidden costs. You will be informed of the fees to conduct your case during your free initial consultation with a skilled elder abuse / wrongful death attorney of the San Diego, California Law Offices of Louis J. Bertsche.
If you or someone you know in San Diego, California, or in Orange County, Riverside County, or Imperial County California needs the assistance or trusted legal advice of a skilled accident attorney, call the San Diego Law Offices of Louis J. Bertsche today at 866-435-1796, or use the contact form provided on this site for a free consultation with a trusted elder abuse attorney.
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