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drunk driving accident, San Jose personal injury attorneyDrunk drivers continue to cause thousands of accidents every year, in spite of harsh consequences and aggressive law enforcement practices. Often a drunk driving accident results in catastrophic injuries that last a lifetime. Tragically, some victims will not even survive the accident. Because drunk driving is caused by an illegal act, victims of drunk driving accidents may be able to seek punitive damages from the drunk drivers.

What Are Punitive Damages?

Punitive damages are a special kind of damages that are not available in every personal injury case. Punitive damages are designed to punish actions that go beyond simple negligence. These damages are supposed to help deter people from making the same kinds of dangerous choices in the future. In order to be awarded punitive damages, you will need to show that the driver acted with a conscious disregard for the safety of others.

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fault, San Jose personal injury attorneyThe cause of injuries in a car accident is not always clear. Often people focus on who was at fault for the car accident, but the sometimes the real legal question is who is at fault for the injuries. It is possible for the insurance company to blame you for at least partially causing your own injuries.

Comparative Negligence

California law recognizes the principle of comparative negligence. This means that if your negligence was a partial cause of your injuries, your award for damages can be reduced by the percentage of your fault.

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defective part, San Jose auto accident attorneyEvery year thousands of people are severely injured, or even killed in car accidents. Sometimes, the cause of the injuries seems obvious. However, in some instances, a defect or malfunction in your car may have made your injuries worse than they otherwise would have been.

Discovering Automobile Defects

While some vehicles become notorious for their defects, other more routine defects pass through unknown to most people. While some SUVs are well known to have a higher risk of rollover rates or of roof crush injuries, for example, there are thousands of components in a car that may not be working properly that could make injuries in a car accident much worse.

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personal injury claim, San Jose personal injury attorneyIf you have been in a car accident that was caused by another driver, you may have a personal injury claim. Under California law, there are some very specific steps you have to take to protect your rights and to pursue a claim for compensation for your damages. A personal injury claim is a process, not a single event.

Understanding Negligence

Before you can successfully bring a claim for personal injury, you will need to show that the other driver acted negligently and that that their negligence caused your injuries. All drivers have a duty to operate their vehicles with reasonable care. Negligence is when this duty to drive with reasonable care is breached.

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car accident deaths, San Jose wrongful death lawyerWhen you lose a loved one, there is nothing that can ever fully heal the broken hearts they leave behind. When a family member is killed in a car accident because of someone else’s negligence, the only thing the law can offer for the loss is monetary damages. Even though no amount of money will ever bring your loved one back, you and your family may need the money you recover from damages to cover bills and provide future economic security.

Wrongful Death Claims

When you bring a claim for damages after the death a family member it is called a wrongful death claim. In California, a wrongful death claim can be brought through the probate court or by a qualifying family member individually.

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

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John J. Garvey, III
10 Almaden Blvd, #1220
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

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