Posted on October 08, 2024 in Workplace Accidents

Accidents happen every day, even at work. California requires all employers to carry workers’ compensation insurance that provides benefits to their employees for job-related illnesses or injuries, but there are some situations when a third party is responsible. In those cases, workers may have other options for compensation.

When is a third party liable for workplace injuries? Is filing a personal injury claim a better option? An experienced lawyer can investigate your incident, establish liability, and help you get the compensation you deserve.

What Is the Difference Between Workers’ Comp and Personal Injury Claims?

Workers’ compensation benefits are usually available to employees who become ill or sustain injuries from work-related causes, regardless of who is to blame. These policies pay medical expenses, a portion of the worker’s lost income, and other qualifying losses. When you accept workers’ comp benefits, you relinquish the opportunity to file a personal injury claim against your employer.

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 Posted on September 25, 2024 in Car Accidents

Accidents happen daily throughout California, often causing injuries. You probably know you may be entitled to compensation through a personal injury claim if someone else’s negligence injures you. What if an accident claims the life of your loved one? Do you have any way to hold the responsible party accountable?

You may qualify to pursue a settlement by filing a wrongful death action. How do you know if you are eligible? How much will your settlement be? Call Law Office of John J. Garvey, III now so our experienced lawyer can answer those questions.

Which Accidents Can Lead to Wrongful Death?

If someone’s negligence is directly responsible for the fatal accident that took your loved one, you may be able to collect a settlement. Common accidents that might qualify include:

• Car, truck, and motorcycle accidents

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 Posted on September 25, 2024 in Personal Injury

You probably know that if you are injured in an accident caused by someone else’s intentional act or negligence, you may qualify for compensation through a personal injury claim. You might not know, however, that insurance companies do everything they can to avoid paying claims. One of their favorite sayings that your injuries were a pre-existing condition, so they are not liable.

Sometimes called the papier-mache plaintiff rule or the thin skull rule, the eggshell skull rule is a legal doctrine that refutes the pre-existing condition argument. What is this funny-sounding rule, and does it apply to your case? What impact could it have on your settlement? A knowledgeable lawyer from Law Office of John J. Garvey, III can answer these questions during your free consultation.

What Is the Eggshell Skull Rule?

No, it is not a legal doctrine based on Humpty Dumpty’s demise. An illustration may help you understand the concept. Suppose there are two eggs, side by side. One has a shell of average thickness, but the other is extremely thin and fragile. A visual inspection cannot reveal which is which. You gently tap both eggs; one breaks, but the other remains solid.

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 Posted on September 09, 2024 in Personal Injury

Personal injury claims allow eligible victims to obtain compensation from the party responsible for their injuries. Not every accident or injury qualifies and each case has to meet specific requirements. You have to prove that someone else is liable before you can get a settlement. Even when you have proof, reasonable settlement amounts are hard to obtain without the assistance of a skilled attorney from Law Office of John J. Garvey, III.

What Is Negligence in Personal Injury Cases?

Negligence is the foundation for most personal injury cases. The term’s definition in legal matters is a failure to behave in the way a reasonable person would in the same situation. To establish negligence, the party in question must have owed you a duty of care. This duty is a legal obligation to use reasonable care to avoid harming others, and it can differ depending on the situation. When someone fails to provide the required duty of care, and that failure causes your injuries and related damages, you likely have grounds to file a personal injury claim.

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 Posted on August 26, 2024 in Personal Injury

Accidents happen every day, sometimes causing injuries and fatalities. When someone else’s negligence causes an accident, the victim may be entitled to compensation through a personal injury claim. If someone loses their life in a qualifying accident, eligible survivors might receive compensation through a wrongful death claim. How do you know if you qualify? Who is liable for paying you? Request your free consultation with our experienced personal injury lawyer from Law Office of John J. Garvey, III to find out.

How Does a Personal Injury Claim Work?

To qualify for a personal injury claim in most cases, someone else’s negligence must be responsible for your injury and related losses. Several kinds of accidents can lead to these claims, including:

• Car accidents

• Truck accidents

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 Posted on July 31, 2024 in Dog Bites

Dogs make great pets, and they can be friendly and lovable. However, they can also behave unexpectedly, and when they bite or attack someone, the experience can be very painful and traumatic. In some cases, dog bites may lead to serious infections that can have a long-term impact on a person's health. An experienced attorney can help dog bite victims address these issues and take steps to recover financial compensation for their injuries and other forms of harm they have suffered.

Types of Infections From Dog Bites

Dog bites can introduce a variety of bacteria or viruses into the body, leading to several types of infections. Some of the most common infections include:

• Rabies: This viral infection affects the nervous system, and it can be fatal if not treated promptly. It is transmitted through the saliva of an infected dog when a bit breaks the skin.

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 Posted on July 15, 2024 in Personal Injury

Slip and fall accidents can happen almost anywhere, and they may lead to serious injuries. In many cases, these accidents occur because of the negligence of a property owner who failed to take the proper steps to protect the safety of visitors. Following an injury in a slip and fall accident, an experienced attorney can provide guidance on the legal options available to an injury victim, ensuring that a person will be properly compensated for the injuries they have suffered and any other damages they have experienced.

Common Locations for Slip and Fall Accidents

People may slip on wet floors or trip over hazards and suffer serious fall injuries in a variety of different settings, including:

• Retail stores and supermarkets: Slip and fall accidents may occur in these stores due to spilled liquids or food items, recently mopped or waxed floors without proper warning signs, or cluttered aisles or merchandise on the floor that present tripping hazards.

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 Posted on June 25, 2024 in Truck Accidents

Intoxicated driving is a serious issue that can put many people at risk of being injured or killed in motor vehicle accidents. The use of alcohol and drugs by truck drivers is an especially serious concern, since it can lead to dangerous truck accidents. Given the size and weight of commercial trucks, impaired driving can have devastating consequences. An experienced attorney can provide legal help and representation for people who have been injured in truck accidents involving intoxicated driving. At Law Office of John J. Garvey, III, we can help injury victims recover compensation for the injuries and damages suffered in these situations.

Why Truck Drivers May Be Intoxicated

There are numerous reasons why truck drivers may use alcohol or drugs while on the job, including:

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 Posted on June 11, 2024 in Car Accidents

Many people have experienced situations where they have become tired while behind the wheel. Whether fatigue has set in after a long day of work, a person has stayed awake during a lengthy road trip, or drowsiness has been caused by other factors, these issues can significantly affect a person’s ability to drive safely. Understanding the dangers of driving while fatigued can be crucial for ensuring road safety. Drivers who cause car accidents because of fatigue or drowsiness may be held liable for their negligence. An experienced attorney can provide guidance on the best ways to address issues related to driver fatigue and ensure that an accident victim will be fully compensated.

Common Causes of Drowsy Driving

Several factors can contribute to a driver becoming drowsy or tired while behind the wheel, including:

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 Posted on May 28, 2024 in Motorcycle Accidents

Summer is a popular season for motorcyclists, with warm weather and clear skies providing ideal conditions for riding. However, the increased number of motorcyclists on the road during the summer months also leads to more accidents. There are multiple reasons why motorcycle accidents can occur in the summer, and even if motorcyclists take precautions and do their best to stay safe, they can be injured in collisions. If you are a motorcyclist who has been injured in an accident, an experienced attorney can help you take steps to recover financial compensation.

Increased Traffic

During the summer, the roads are often busier due to vacation travel, road trips, and an overall increase in leisure activities. This heightened traffic can lead to more accidents, especially when drivers may become impatient or distracted. Motorcyclists are particularly vulnerable in heavy traffic, where their smaller size makes them less visible to other drivers. When people in vehicles fail to notice motorcycles or refuse to share the road safely, motorcyclists can suffer serious harm.

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