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Special Consideration Given to Dog Bite Cases Involving Children

 Posted on January 03,2017 in Dog Bites

San Jose dog bite attorney, dog bite casesDog bites have the potential to cause a significant amount of damage. Even in with small dogs, a well-placed attack can cause life-long injury, disfigurement, or even death. In incidents where the victim is a child, especially those under the age of five years, the effects are often especially heinous. The laws surrounding these vicious canine attacks are unique to this age group.

Higher Risk Factor in Children

Children are more likely to sustain a bite from an animal than an adult. Dog owners should be aware of their dog’s behavior, from their body language to history. Additionally, with strangers, these owners should always use extra caution upon the first few introductions.

When a child is in the area, regardless of familiarity, dog owners should have the dog under control, with the use of a leash and a watchful eye. Children often behave unexpectedly, with wild movements and loud noises, which can frighten a dog. The proximity of the canine’s face and a child's often leads to neck and face attacks. Statistics show:

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Social Media Can Hurt Your Claim

 Posted on December 30,2016 in Wrongful Death

San Jose wrongful death attorney, social media, personal injury claimSociety has changed over the last few decades. With the emergence and development of social media accounts, everything from the birth of our children to the funeral arrangements of a family member is on public display for those on our contact lists to see. In daily life, this is fine to do and even has several benefits for many Americans. However, when an individual is involved in a courtroom battle of any kind, including wrongful death or personal injury, it is best to avoid posting anything on social media accounts.

Prove it to Win it

Although a wrongful death claim and a negligence case are different in various ways, the aspects necessary to create a winning case are similar. Insurance companies and other attorneys understand that these types of cases must be treated similarly to a criminal investigation—both sides scour social media posts and all other avenues for evidence on either side.

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Legal Compensation for Vision Impairment or Blindness as a Result of Injury

 Posted on December 21,2016 in Catastrophic Injuries

Santa Clara vision impairment attorney, vision impairmentWe rely on our five senses to operate on a daily basis. Those senses are sight, smell, taste, sound, and touch. Once accustomed to utilizing all five consistently, having any one of them unexpectedly removed or altered is life-changing. Therefore, when it comes to a loss of sight, also known as blindness, the resulting obstacles leave many families struggling to adjust.

Any extreme loss of sight has the potential to become devastating—physically, emotionally, and financially. If an accident occurs due to the negligence of someone else, and vision impairment is caused, then that individual should rightfully be held accountable.

Loss of Sight

Total blindness is the inability to see anything, light included. To go from seeing the world around you in vibrant clarity, and to then be harshly plunged into a world of darkness, is potentially catastrophic.

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The “Ghost Ship” Fire and Wrongful Death Liability

 Posted on December 12,2016 in Wrongful Death

California wrongful death lawyerOn Friday, December 2nd, 2016, the city of Oakland experienced a significant tragedy. An old converted warehouse, known as the “Ghost Ship,” caught fire with more than 100 individuals reportedly inside. The incident is still under investigation. This location functioned as a workplace as well as a living facility for a number of struggling artists and musicians from the Bay Area. Several reports indicate that structure was dilapidated and not in compliance with municipal building and safety codes. While officials have not released the cause of the blaze, questions abound regarding the possible liability for wrongful death.

Deadliest Fire in Recent History

According to official reports, the fire claimed the lives of 36 individuals, at least one a legal minor. The location was run by a husband and wife team, who also lived there with their children. Early reports claim that the couple collected rent from tenants and had even gone so far as parking half a dozen RVs on the first floor for residents. The converted warehouse was also full of rugs, pianos, old sofas, and statues, which blocked exit routes and ignited quickly once the fire started. It also appears that a nightclub of sorts operated inside of the building.  

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How to Handle Being the Victim of a Hit-and-Run

 Posted on December 05,2016 in Personal Injury

hit-and-run victim, San Jose personal injury attorneyMore accidents occur each year in California than in any other state. However, there are also more people in California than in any other states. Of these car accidents, hit-and-run occurrences happen at an alarming rate—about 20,000 cases each year as reported by the California Highway Patrol. Many victims are left each year with a significant financial burden and no one to pay. Who pays the bill in these cases?

Your Options in The Golden State

During an ordinary traffic accident, the at-fault driver will stop, enabling their negligence to be confronted but preventing further legal difficulties. Strict laws are in place prohibiting leaving the scene of an accident without exchanging pertinent information. Although there are exceptions—leaving your information on a parked vehicle in a parking lot where the driver is unavailable—it is the responsibility of every driver to stop after their involvement in such an accident. However, not all drivers remain at the scene of a hit-and-run accident.

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When a Bar Fight Results in Catastrophic Injuries

 Posted on November 22,2016 in Catastrophic Injuries

San Jose, CA personal injury attorney, catastrophic injuries, bar fight,Imbibing in alcohol is a popular social pastime within the United States, especially following a long work week. Those who partake in alcohol often do so to enjoy the psychological effects, including the release of inhibitions and social anxieties. These effects influence behavior otherwise unseen under normal circumstances. Occasionally, too much alcohol results in aggression that escalates into a fight. Unfortunately, these physical altercations can lead to catastrophic injuries or even death.

What is a Catastrophic Injury?

The familiar term “catastrophe” refers to a sudden and unforeseen event that has a disastrous end. In a legal sense, injuries that are catastrophic prevent a victim from performing everyday behaviors permanently. Injuries classified as catastrophic dependent on their severity are:

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Obtaining Compensation for the Untimely Death of a Family Member Due to a Truck Collision

 Posted on November 15,2016 in Truck Accidents

San Jose, CA truck accident attorney, truck collisionWhen a family member passes away unexpectedly due to the negligence of a truck driver, your life is turned upside down. Commercial drivers owe a duty to their families, as well as to the community and other drivers on the road, to drive with caution. Yet many truck drivers face impossible deadlines imposed by companies trying to increase revenue.

Although restrictions have been placed by lawmakers to decrease truck accident fatalities, truck drivers may still cut corners with the approval of their employers. Yet who is responsible for the death of your loved one in these cases?

Unexpected Bills

Commercial trucks have strict regulations for several reasons, not the least of which is the obvious fact that these vehicles are significantly larger than typical passenger vehicles. When the two collide, the passenger vehicle often sustains significantly more damage. Victims of these crashes can suddenly and unexpectedly be left with bills, including:

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One-Bite Dog Rule is Inapplicable in California

 Posted on November 08,2016 in Dog Bites

San Jose, CA dog bite injury attorney, one-bite dog ruleAnnually, an estimated 4.5 million dog bites occur each year in the United States. Many attacks result in fatalities and serious lifelong injuries. As the canine population increases, so does the need for legal protection and liability laws about an unprovoked assault by an animal. Many states have opted to give a second chance to those that have only bitten in a single isolated incident. However, California has chosen to eliminate the “one-bite rule” and hold owners strictly liable for the behavior of their furry companions.

California Dog Bite Laws

Once ownership begins between the dog and master, strict liability initiates. Even if the dog has no prior known history of viciousness or unprovoked bites, the owner becomes liable. The statute additionally extends to keepers and handlers of the canine. However, in these cases, previous knowledge of aggressive behavior must exist. Damages may be awarded to any victim of a dog bite if sustained in:

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Electrocution Injuries While on the Job

 Posted on November 01,2016 in Workplace Accidents

electrocution injuries, San Jose, CA workplace injury attorneyElectricians and construction site workers are exposed to potential electrical injuries daily. According to the U.S. Bureau of Labor Statistics, 1,738 occupational fatalities were caused by contact with an electric current between 2003-2010. In fact, the construction industry had the highest number of electrical fatalities—849.

To avoid workplace accidents, the safety of these individuals rests on the shoulders of both electricians and contractors. When safety guidelines are not followed properly, all workers are put at risk for exposure to potential electrical injuries.

Injuries Caused by a Contact with an Electric Current

The human body is a wonderful conductor for electricity. An electrical injury can cause damage to both the skin and internal organs. The severity of such an injury depends upon the length of contact, the strength of the voltage of the source, and the general health of the individual. When the human body comes into contact with electricity, serious injuries can result and may include the following:

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Holidays Lead to Increased Distractions

 Posted on October 27,2016 in Car Accidents

San Jose personal injury attorney, holiday travel, distracted drivingWhen traveling from one destination to another, it is not uncommon to witness a driver talking or texting on his or her smartphone, applying makeup, or reaching into the backseat to assist a child. All of these distractions take a driver's concentration off of the road. However, the addition of the holidays can bring about an increase in distractions, drunk driving, and vehicle accidents

Plan for Other Distracted Drivers

During the holiday travel season you may encounter drivers who are distracted by more than a smartphone or child. Distractions may include the following:

  • Time constraints;
  • Bulky winter clothing;
  • Weather hazards;
  • Adjusting of the temperature controls to defrost, defog, and heat;

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