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Lawsuit Against California Drug Manufacturer Alleges Profits Were Prioritized Over Safety

 Posted on August 02, 2019 in Defective Products

San Jose personal injury attorneyIn decades past, a diagnosis of Human Immunodeficiency Virus (HIV) was akin to a death sentence. However, incredible advances in both HIV treatment and prevention have significantly reduced the number of people who die from Acquired Immunodeficiency Syndrome (AIDS). By simply taking a pill, many people have been able to successfully reduce their chances of acquiring the HIV virus while others are able to take medications to slow the progression of AIDS. However, a product liability lawsuit aimed at a company who manufactures these types of drugs asserts that the drugs are not as safe as the public has been led to believe. The AIDS Healthcare Foundation is now asking one HIV/AIDS drug manufacturer to compensate victims for exposing them to unnecessary medical risks associated with these drugs.

HIV Litigation Attorneys Demand Victim Compensation

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Pursuing Compensation After Your Child Was Hurt at Daycare

 Posted on July 23, 2019 in Premises Liability

Santa Clara County personal injury attorneyIf you are a parent, you probably already know how difficult it can be to leave your child in the care of others. Working parents across the nation trust daycare, before and after school program, and other child care workers to take care of their precious loved ones. They trust that the staff at the child care facility will keep a sanitary and hazard-free environment and that their child will return from the facility without injury. Unfortunately, this not always the case. If your child was injured by a negligent child care facility, you may be able to recover compensation for your damages.

Daycare Injuries and Illnesses Should Be Assessed by a Medical Professional

If your child was injured or contracted an illness at daycare, it is crucial that you have their injuries checked out by a doctor or other qualified medical professional. If the injury is due to a negligent facility or staff member, you may consider seeking compensation for the damages at a later date. Evidence in the form of an official medical record is almost always necessary to bring a successful personal injury claim and child care injuries and illnesses are no exception. Some injuries and illnesses can seem minor at first, but then develop into more serious conditions. Getting your loved one checked out by a professional not only secures your ability to seek compensation in the future, it may also prevent the child’s condition from worsening.

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You May Be Entitled to Compensation After Being the Victim of Hit and Run

 Posted on July 15, 2019 in Car Accidents

San Jose hit and run accident lawyerBeing in any type of car accident can be a terrifying ordeal, but being involved in a hit and run may be the worst type of accident to be involved in. When a driver causes a car crash and then intentionally leaves the scene of the accident without providing contact information, the victim may incorrectly assume there is nothing they can do to get compensation for their damages. However, there are several things hit and run victims can do to maximize their chances of getting reimbursement for their injuries and property damage.

Always Call the Police Immediately After a Hit and Run

It can be infuriating to be the victim of a hit and run accident. Understandably, some people feel tempted to chase after the person who hit them and sped away from the accident scene. However, doing this can make your situation much worse than it already is. You could cause another accident or exacerbate your injuries by attempting to catch the person who caused the crash. You could also face criminal charges if you break traffic laws in your pursuit of the other driver. Instead, call the police immediately after being involved in a hit and run. A police report chronicling the details of the accident is almost always needed to pursue a civil claim for a hit and run. Furthermore, a police report will likely make your auto claims process faster.

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How to Pursue Compensation After an Injury on Someone Else’s Property

 Posted on July 08, 2019 in Premises Liability

Santa Clara County premises liability attorneySometimes injury-causing accidents happen simply because of bad luck. However, if you were injured on another party’s property because that property was not safe or because the property owner/manager was negligent, you may have a valid premises liability case. Many premises liability claims stem from slip and fall accidents, broken staircases, falling objects, negligent security, and unsafe conditions caused by building code violations, however, these are not the only types of situations which can necessitate an injury claim. If you have been injured on property belonging to someone else and you want to pursue compensation, make sure to take the following steps.

File an Incident Report When Possible

Premises liability cases can result from an injury at a residence, government establishment, business, public place, or other property. The type of property on which you were injured will determine the steps you should take to maximize your chances of obtaining reimbursement. If you were hurt at a retail store or other business, speak with a manager and ask to fill out an incident report. Make sure to also get a copy of the report for your own records. If you were injured on a residential property, notify the property owner of your injury as soon as possible.

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California Family Brings Wrongful Death Lawsuit Against School Following Teen's Death

 Posted on July 01, 2019 in Wrongful Death

San Jose personal injury attorneysSchools, daycares, and other institutions responsible for the safety of children are held to very high standards. These facilities have a legal obligation to make the premises safe and free from unreasonable dangers. This includes keeping the buildings and grounds free from hazards like broken stairs as well as making sure children are adequately supervised. Sadly, one California family is grieving after their teenaged son passed away in an incident at a Colorado school.

Drunk Driver Hits 15-Year-Old Student Who Wandered from Campus

The young teen who tragically lost his life was adopted by his parents at age three. He had been in foster care and was suffering from symptoms related to a traumatic brain injury. The parents struggled to find a school which could appropriately meet their son’s unique needs, so they sent him to a school specializing in behavioral health issues. In August of last year, the 15-year-old wandered off of the school campus and was stuck and killed by a drunk driver. The driver, who had a blood alcohol content of 0.189 percent, fled the scene of the crime but was later found and arrested by the police. He pled guilty to vehicular homicide-DUI and leaving the scene of an accident involving death.

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California Girl Suffers Severe Dog Bite Injuries While Visiting a Shelter

 Posted on June 03, 2019 in Dog Bites

Santa Clara County dog bite injury attorneyWhile most dogs live up to their reputation as “man’s best friend,” it is important to remember that some dogs do pose a danger to people. Dogs who have been bred and trained for the purposes of fighting or guarding can be especially vicious animals. According to the California Department of Public Health, nearly 80 percent of all the animal bite injuries that took place in California between 2006 and 2010 were caused by domestic dogs. Across the country, about 750,000 dog bite victims require medical care each year. When a dog bites another person because the owner of the dog was negligent, the owner can be held liable for any damages caused by the bite.

Young Girl Brutally Mauled by Akita While Visiting Kennel

Recently, a 7-year-old girl was severely injured after she was attacked by a dog at a nonprofit Akita rescue kennel in Romoland, California. The attack was so brutal that the young girl needed an astounding 1,000 stitches and three hours of surgery. Because the bites were primarily to her face, it is possible that the girl will be permanently disfigured as a result of the bites. Disturbingly, the dog was listed on the nonprofit’s Facebook page as looking for “a kid he can play with.”

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Theme Park Accidents Are Often Caused By Negligence

 Posted on May 28, 2019 in Premises Liability

California amusement park injury attorneyFor many, visiting a theme park or fair is one of the most exciting parts of summer. While the vast majority of rollercoasters, haunted houses, and other attractions are safe for the public to enjoy, sometimes lapses in safety precautions lead to horrific accidents. While we sometimes hear about catastrophic injuries and deaths due to ride malfunctions on the news, these are not the most common amusement park accidents. More often, unchecked environmental hazards or inadequate security are to blame for a guest’s injury or death. When a park or park staff’s negligence causes the death or injury to a visitor, the park may be held liable for damages through an injury lawsuit.

Parks That Skimp on Maintenance Can Cause Deadly Accidents

Many Californians vividly remember the terrible accident which occurred at Disneyland in September of 2003. The derailment of the rollercoaster “Big Thunder Mountain Railroad” lead to the death of one 22-year-old man and the injury of ten other park guests. Investigators eventually determined that inadequate maintenance was the cause of the fatal derailment.

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Risk of Auto Accidents and Boating Accidents Increases on Memorial Day

 Posted on May 20, 2019 in Car Accidents

San Jose personal injury attorneyMany people consider Memorial Day to be the unofficial start of summer fun. You may have plans to take a boating trip, enjoy a backyard barbeque, or visit family this Memorial Day. Whatever your plans may be, make sure you are always taking steps to keep yourself and your family safe. Memorial Day is considered one of the riskiest days on which to operate a motor vehicle in the United States. The increase in the number of vehicles on the roads plus the common presence of alcohol at Memorial Day celebrations can be a deadly combination. Boating accidents are also common on Memorial Day for similar reasons.

Drunk Driving on Memorial Day

According to The National Safety Council, approximately 400 people may lose their lives in traffic accidents this Memorial Day weekend across the country. This estimate is based on the number of fatal accidents from previous Memorial Day weekends plus other data. Drunk driving is an especially concerning risk factor during this time because many people attend gatherings in which alcohol is served.

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Pedestrian Deaths from Car Accidents Reach Unprecedented High

 Posted on May 14, 2019 in Car Accidents

San Jose personal injury attorneyWalking instead of using a car for transportation has many environmental and health benefits. Unfortunately, recent studies show that simply walking down the street is now more dangerous than ever. According to a report published earlier this year from the Governors Highway Safety Association (GHSA), pedestrian deaths from car accidents are higher than ever. In 2008, a little over 4,000 pedestrians lost their lives in the United States. In 2017, that number had risen to just under 6,000 deaths. If you or someone you love was struck by a vehicle, you may be entitled to compensation for your damages.

Night Continues to Be the Most Dangerous Time for Pedestrians

The overall number of pedestrians who were killed in traffic incidents has risen dramatically in recent years. In fact, pedestrian fatalities for 2018 are projected to be the worst in nearly 30 years. Interestingly, daytime pedestrian fatalities have remained relatively constant while nighttime incidents have increased dramatically. During the period from 2008-2017, approximately 90 percent of pedestrian deaths happened at high. Experts suggest wearing reflective clothing when walking at night whenever possible.

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Sleepy Truck Drivers Put Motorists’ Lives at Risk

 Posted on May 06, 2019 in Truck Accidents

San Jose truck accident attorneyDriving an 18-wheeler truck or tractor-trailer is not an easy job. Often, drivers are expected to drive hundreds of miles a day and deal with stresses like traffic congestion, detours, and other slowdowns which make their days even longer. Unfortunately, this leads to many drivers being chronically exhausted and sleep-deprived. Some truck drivers end up taking stimulants just to stay awake and drive. If you were injured or a loved one was killed in an accident involving a fatigued or otherwise incapacitated truck driver, you may be able to get financial compensation for your losses.

Studies Show Truck Driver Fatigue is a Major Factor in Truck Accidents

In a study conducted by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA), it was found that approximately 13 percent of serious crashes involving large trucks are caused by driver fatigue. Other factors which contributed to serious truck accidents include driver drug use, including both legal and illegal drugs, inattention to the road, and driver illness. Truck drivers are often operating vehicles that can weigh as much as 80,000 pounds. A vehicle of this size can do cause colossal damage during a crash.

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