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San Jose personal injury attorney, trauma to the brainBrain injuries are often unclear at first, especially to those without experience in diagnosis. Many times, these traumatic and life-altering injuries are left undiagnosed at first as many minor symptoms mask those injuries. The medical treatment required in determining the damage is just the start of the financial burden, which may accumulate for an entire lifetime. If someone else is at fault for the damage caused by a brain injury, the economic struggle should not be on the victim, but on those responsible.

Identifying a Brain Injury

Brain injuries can happen anywhere—on a battlefield, at work, on the playground, or in a car. The brain is vital to everyday life functions like breathing, speaking, and walking. Something as simple as a slip and fall is enough to cause a traumatic brain injury.

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San Jose workplace injury attorney, workplace injuries, workplace safetyFood service orientated positions can historically be described as jobs with grueling schedules, low wages, and overall stress producers. As of July 1, 2017, the minimum wage for service oriented jobs will increase from $10.50 to $12.00 per hour. Yet while this wage increase may be a welcome advancement, the one factor that change will elude is the dangerous threat of on-the-job or workplace injuries.

Brian Garry, senior director of foodservice for the Cintas Corporation, recently stated that many operators simply do not anticipate an accident or personal injury and are often left unprepared.

In an effort to better educate owners, managers, and employees, Cintas recently identified the top four personal injuries often suffered by restaurant workers.

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San Jose motorcycle accident attorney, motorcycle accidentsMotorcycle accidents are often debilitating, or even fatal, to those involved. Additionally, the devastation is often preventable, which perhaps makes the emotional impact harder to swallow. Although victims and families may be left in the figurative paralysis of what to do, a quick legal reaction time boosts the chances of a successful outcome.

A successful claim enables victims to gain compensation for much of their loss. No two cases are identical. However, there are behaviors frequently identified as the causes of a motorcycle accident.

Top Causes of Motorcycle Crashes

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San Jose dog bite lawyer, California pet laws, dog bitesWhen an individual is bitten by a dog, it can be a traumatic experience. Estimates suggest that approximately 4.5 million people in the United States will sustain a dog bite related injury this year. In fact, statistics involving the act by man’s proclaimed best friend account for the following:

  • More than one-third of all homeowner liability claims;
  • Over 6,500 attacks on U.S. Postal Service carriers;
  • Nearly a one-in-five chance of infection; and
  • Increased probability of undergoing reconstructive surgery.

Every 75 seconds someone experiences an encounter with an aggressive or protective canine in the United States—an encounter in which the handler or owner may be at fault.

Although dog bite laws vary state by state, California has seen an increase in dangerous dogs, and bites can occur as a result of improper handling or ignorance of dog bite laws.

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San Jose rollover accident attorney, rollover accidentsEstimates show that 10,000 lives are lost on an annual basis due to rollover vehicle accidents. This type of vehicle accident is so dangerous that the National Highway Traffic Safety Administration (NHTSA) reports how those involved in a rollover accident have a 33 percent chance of not surviving.

Although a rollover can occur in any model of vehicle, these accidents are regularly linked to sports utility vehicles or SUVs, pickup trucks, or the modern day mini van—all vehicles which are considered “top heavy” because they have a higher center of gravity.

A rollover accident can occur when sideway forces, such as navigating a curve, shift the center of gravity to one side and therefore affect the vehicle’s ability to balance evenly. This reaction is extremely dangerous if a driver is speeding or driving while under the influence. The result can be the loss of control of one's vehicle.

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San Jose personal injury attorney, drowsy drivingAs the Centers for Disease Control and Prevention (CDC) continually surveys the quantity and quality of our sleep habits and the devastating events associated with the lack thereof, sleep is now recognized as a public health issue. 

Moreover, the exploration of behaviors and disorders are also being closely monitored as our sleeping habits are now linked to motor vehicle accidents, personal injuries, industrial disasters, and even medical and other occupational errors. 

Another leading authority, the National Highway Traffic Safety Administration (NHTSA), reports that driving while drowsy can be dangerously compared to driving while under the influence of alcohol, but without the benefit of a breathalyzer.

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San Jose car accident attorney, after an accidentWith the dawn of the new year, California has reported 2,360 traffic accidents statewide since January 1, 2017—traffic accidents that may represent the five most common types such as rear-end collisions, damage to parked cars, weather-related accidents, side-impact collisions, and wildlife-related accidents. If you are involved in any type of vehicle accident, what is required of you under California Law? The State Bar of California has the answers. Listed below are the primary requirements of any one involved in an accident in California.

Q. Do I Have to Stop? 

A. Yes. California law requires you to stop when involved in any type of vehicle accident, whether it involves a pedestrian, is a crash involving another vehicle, or only results in damage to a parked car. Exiting the scene of any accident can increase the risk of hit-and-run charges, even if the accident was not your fault.

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San Jose dog bite injury lawyer, dog bite lawEach year, approximately five million dog bites occur throughout the United States according to the CDC. The locations of the injuries range anywhere between a finger or ankle nip to facial attacks and broken bones. Death is also a very real possibility, especially in cases involving children and large dogs.

In response to the prevalence of dog bites, California became a strict liability state—a dog that bites is the full responsibility of the owner. Dog bite law does not solely govern vicious attacks but any incident where the tooth of a dog breaks the skin. Those suffering from a dog-inflicted wound often have pressing questions about what to do next.

What Do I Do if I Have Been Bitten?

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Santa Clara wrongful death attorney, wrongful death lawsuitThe sudden passing of a loved one leaves those left behind grieving and searching for answers. If the intentional or negligent behavior of another individual caused death, it is only right that the at-fault party be held accountable.

The unexpected medical, funeral, and other associated costs can take a financial toll on even the ablest families. One possible option is to file a wrongful death claim against the person or persons responsible for the death. However, it is imperative to take action as soon as possible to better the chances of a strong case.

Statute of Limitations

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Santa Clara County construction accident attorney, workplace accidents, serious fallsConstruction sites are hazardous environments. Regardless of personal protective equipment—joint pads, helmets, or slip-proof shoes—accidents occur on construction sites at an alarming rate.

Each year, the United States Department of Labor and the Occupational Safety and Health Association (OSHA) work in conjunction to update the safety standards to prevent future incidents. However, each construction site has many employees in the vicinity at any given time, from those building the structure to approving permits, adding electricity, installing plumbing, and more. Each has a standard of care to which they must adhere. However, if any individual is negligent in these duties, workplace accidents may occur and cause severe injuries or even death.

Prevalence of Construction Site Accidents

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San Jose, CA personal injury attorney, cell phone usageThe use of cell phones has increased greatly over the years. From bathrooms to highways, cell phones are everywhere. Moreover, distracted driving while using a phone for any reason is blamed for the deaths of nearly 3,200 Americans in 2014.

These massive numbers motivated legal officials to take a stand to protect our citizens. As of January 1, 2017, California lawmakers have made it illegal to hold a cellular device while driving a motor vehicle

Law Restrictions

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San Jose truck accidents, San Jose, CA truck accident attorneyMassive 18-wheeled big rigs dominate our nation's roadways. These overpowering vehicles drive our nation’s economy while also overpowering all other vehicles on the main highways and city streets. The sheer size and momentum brought forth by these vehicles makes them an intimidating force when traveling next to a non-commercial vehicle. Additionally, in certain cases, truck drivers leave a devastating wake behind them full of destruction and heartache for those unfortunate enough to cross their paths. Even with a recent decline in fatalities due to truck accidents, far too many families suffer at the hands of drivers who negligently operate their machinery.

Statistics

Due to ongoing investigations from two previous years, the most up-to-date and conclusive information available is 2014. Fatality Analysis Reporting System (FARS) only began in 1975, making most of the information available relatively new, but still useful in witnessing trends. Some of the most alarming statistics from recent years include the following:

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b2ap3San Jose motorcycle injury attorney, motorcycle injuries_thumbnail_motorcycle-injuries-San-Jose.jpgStudies show that the inability of finding a trustworthy mechanic is the number one reason why many Americans do not ensure they perform proper maintenance on their investment. One study went so far as to say 86 percent of the population believes they pay outrageous costs for unnecessary repair work. Regardless of whether this belief is justifiable leads thousands to put off repair work beyond minor upkeep, often compounding any underlying issues.

Regular maintenance repair is imperative to the safety and functionality of all vehicles. While maintenance procrastination is a dangerous practice for drivers with traditional four-wheeled vehicles, motorcyclists should be even more cautious because a seemingly small issue, if left unresolved, can lead to motorcycle injuries or even death.

Mechanic’s Liability

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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.

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Posted on 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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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

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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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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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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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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

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John J. Garvey, III
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San Jose, CA 95113
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