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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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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, 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

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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:

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winter motorcycle safety, San Jose motorcycle accident attorneyCalifornia is well known for extended seasons of tropical weather—an ideal location for year-round motorcycling. There are several reasons why to choose a motorcycle as the primary means of transportation. Along with the thrill of the ride comes the added financial benefit and increased mobility through traffic jams. However, one disadvantage is apparent when it comes to their physical size in comparison to other vehicles in a collision. Precautions must be taken at all times for motorcycle safety. Moreover, there are additional precautions that should be considered during winter months to prevent motorcycle accidents

Safety Tips for All Driving Conditions

Motorcyclists must follow the same laws of the road as any other vehicle. Additionally, the state has mandated requirements and suggestions that are in place to protect these riders. These safety measures for riders include the following:

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b2ap3_thumbnail_tired-truckers-truck-driver-fatigue-San-Jose.jpgLack of adequate sleep is believed to be a predominate factor in many of the problems that ail our society today, not the least of which are the associated medical concerns. Studies show that only 65 percent of Americans regularly get the recommended seven hours of sleep at night. Hence, a significant portion of the population suffers from the effects during their daily routines.

Most individuals feel that a lack of sleep is a personal concern and should not be regulated. Yet what happens when fatigue leads to an accident that takes someone else’s life? As truckers spend a significant portion of their time on the roadways, it is imperative that these drivers get adequate sleep to ensure the safety of those around them.

It is Not Just Good Sense, it is the Law

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Posted on in Catastrophic Injuries

burn injuries, San Jose burn injury attorneyBurns have the potential to be extremely serious or even fatal. The effect burns have on a victim can be devastating. Moreover, burns can come from a wide variety of sources. However, when burn injuries occur due to the negligence and disregard of someone else, there is an added layer of emotional responses. You have options to obtain financial relief from the accumulating medical dues as well as compensation for the pain and suffering endured.

Most Common Causes of Burns

According to the American Burn Association, 486,000 cases of burns have been reported in 2016, nearly 40,000 of them required hospitalization or treatment at trauma centers. First, second, and third-degree burns were suffered from home fires, occupational hazards, street and highway accidents, as well as recreational equipment. Burn statistics are as follows:

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Posted on in Dog Bites

Santa Clara County dog bite lawyerSome laws may appear extraneous and unnecessary. However, for someone to set forth the effort to create a new law, someone, somewhere must have needed a definitive legal option. To many, California leash laws seem arbitrary, especially to those who have well-trained canines that listen and obey consistently. However, these laws are far from useless as they set out to protect innocent individuals from unprovoked dog bites.

Santa Clara County Leash Laws

Just like humans, canine animals do have “bad days”. They do experience shifts in mood and what normally would not bother them may be enough to make them lash out if the conditions are right, explaining why leashing is essential. The ordinances of Santa Clara County define leash laws. The Silicon Valley Animal Control Authority (SVACA) says that all canines require a leash if they are to be off of the private property of the owner, including land and vehicle. There are some areas in which a dog is not allowed at all, regardless of a leash, such as a city park. There are parameters for securing a dog. Some specifics include:

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San Jose workplace accident lawyerAfter sustaining an injury while at work, it often becomes difficult, if not impossible, to continue employment. Without working, there is no paycheck and without that income, daily bills start to accrue. Let us not forget that in addition to those monthly dues there now is the added necessity for visits for medical professionals. Many often stress about making ends meet after an injury. Following a workplace injury at the fault of someone else, the negligent party should be held responsible.  

Understand the Difference

Understanding the various options for claims is the best way to begin the recovery process. There are two potential routes to pursue. The best solution for you is dependent on the circumstances of the incident. The two options available are:

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San Jose car accident attorneyThe moment you find yourself in a car accident, your mind races with a slew of concerns. You must assess whether or not you or any of your passengers are injured, check on the other drivers involved in the crash, exchange information, and speak with the police. Then, you will probably be forced to relive the whole scene again and again as you recall and give an account to law enforcement and insurance companies of what led to the collision.

Making sure you are covering all the necessary bases in the midst of the shock that comes with the immediate aftermath of a crash can be overwhelming. It is just as important, however, to take note of what you should not do following the crash

Do Not Run

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San Jose car accident attorneysYou read that correctly; certain driving behaviors can actually increase your chances of being in a collision by four hundred percent. According to the California Highway Patrol, distracted driving behaviors--particularly the use of a cell phone--increases your chance of being in a car accident by 400 percent, and makes it 23 times more likely for you to be at risk for collision. Those are pretty astonishing statistics, but the fact that so many drivers continue to text and talk on their phones while driving sadly implies such driving behaviors are not taken very seriously.

Dangerous Driving Behaviors that Put You and Others in Harm’s Way

Sending one single text requires the average person 4.6 seconds of their time, and driving at 65 miles per hour and texting for a mere three seconds is the equivalent of driving the length of a football field completely blindfolded. Although using your cell phone in any way, shape, or form while behind the wheel is the most dangerous and the most commonly talked about distracted driving habit, other behaviors such as eating, interacting with other passengers, and fidgeting with the radio put you at serious risk for accident and injury as well.

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San Jose premises liability lawyerLabor Day is a public holiday that occurs on the first Monday in September. Typically, it is a federal holiday where government workers and schools all have the day off. The holiday was created as a part of the labor movement and celebrates the economic and social development of American workers. It continues to be a national tribute to the workers who have made contributions to the well-being of our country. Many consider it to be the last day of the summer season, and therefore celebrations often include barbecues and other outdoor parties. These festivities can turn a fun day of celebrating into a lifetime of recovery for anyone injured due to the neglect of an uncaring host, which could also lead to premises liability claims.

What Can Go Wrong?

The sun is shining, the weather is a perfect temperature, and the gang is all together. When the host lets their guard down, relaxes, and begins to neglect the responsibility of safety to their attendees, disaster can strike. There may be plenty of areas that need further consideration rather than relaxation. Looking around and not including the proclivity of alcohol consumption, there are:

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San Jose personal injury lawyerIf you or a loved one has recently suffered an injury due to the negligence of someone else, you have likely been visiting health professionals in an attempt to get back to normal. For this, you are spending your time and hard earned money to resolve something that was not your fault. That does not seem very fair, does it? The person who is at fault should pay for the damages they have caused. This principle is the basis of personal injury claims.

Civil Court

There two types of cases in the American court system: civil and criminal. Personal injury cases are tried in a civil court because a civil court is where private citizens or companies can take action against one another. No criminal laws are addressed here. Unlike criminal cases, there is no right to a court-appointed attorney, so you will need to secure your representation. Judges, commissioners, or juries decide the verdict. Decisions are on the amount of the evidence but the believability of one story over the other.

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Posted on in Car Accidents

San Jose fatal car accident attorneyWhen an auto accident occurs, families are left to deal with the aftermath. If the accident results in the death of a loved one, many families are severely affected in every aspect of their life, from the pain of the loss to the costs incurred and the life-long lasting memories of the event. After the occurrence of a fatal car crash, families often seek answers and assistance in putting a new version of their lives back together.

What Happens to the Families

Accident numbers have been on the rise in the last couple of years. In California alone, over 3,000 fatal car accidents were reported in 2013. Not only is a family likely reeling from an unexpected loss of a significant portion of their life, they then are forced to make a quickly pull together a funeral, make necessary repairs, and attend doctor’s appointments themselves. If the victim earned the primary source of income, the family may also face:

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John J. Garvey, III
10 Almaden Blvd, #1220
San Jose, CA 95113
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