Frequently Asked Questions

Below you'll find answers to some commonly asked questions regarding personal injury law and other areas of practice of Berger & Berger.

Q: What types of cases does Berger & Berger handle?

A: Berger & Berger handles a wide range of matters including personal injury, medical malpractice, admiralty and employment.

Berger & Berger does not handle any criminal defense or bankruptcy cases.


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Q: What types of cases are included within "personal injury"?

A: Personal injury cases are those that involve injuries arising out of automobile and motorcycle accidents, truck accidents, construction accidents, medical malpractice, slip and fall, animal bites and wrongful death.


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Q: Does Berger & Berger take cases on contingency?

A: Berger & Berger usually represents its personal injury clients on a contingency basis, meaning that if Berger & Berger is unable to make a recovery for its personal injury clients, the clients will owe no attorney's fee. Additionally, initial consultations with attorneys for Berger & Berger regarding potential personal injury cases are free.


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Q: When must I file a personal injury suit if I have been injured?

A: Every state, including Indiana, possesses "statutes of limitations," which dictate how long an injured person has to file a lawsuit. If you have been injured and you fail to file your lawsuit within the applicable statute of limitations, your claim will be forever barred. Because statutes of limitations may differ based upon where you were injured and other factors, it is important that you speak with an attorney regarding your claim as soon as possible after your injury to ensure that you do not lose your claim.

There are also other earlier deadlines to preserve a claim in some cases that expire before the “statute of limitations” which require very quick action on an injured party’s part to preserve their claim. Therefore, we believe you should contact an attorney as soon after an injury or death has occurred.


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Q: What should I do if I have been injured in an automobile accident?

A: First and foremost, if you have been injured, you should ensure that you receive the necessary immediate medical care. After your immediate medical care, you should consider gathering information related to the accident, including the name of the individual who caused the accident, the name and address of his or her automobile insurer and the names and identifying information of any witnesses to the accident. If a police report is prepared, you should consider obtaining a copy of this report. It is very important that you not agree to provide any recorded statements to the insurance company representative for the driver whose negligence caused your injury and that you do not sign anything from such representatives without first consulting with an attorney.


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Q: Am I entitled to social security benefits?

A: If your medical condition or combination of medical conditions prevents you from performing your recent past work activities for a period of twelve months or longer and are unable to engage in any type of substantial gainful activity based upon your age, education, past work history due to medical conditions, you are entitled to social security disability benefits.


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Q: I have been discriminated against by my employer, do I have a claim?

A: Federal and many state laws prohibit an employer from discriminating against an employee on the basis of race, color, religion, sex (including prohibiting sexual harassment), national origin, disability and age. If you feel that you have been discriminated against by your employer on the basis of one of the previously mentioned protected categories, you should contact a lawyer as soon as possible to determine whether you have a claim. Berger & Berger usually handles such cases on a contingency basis.


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