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CA injury lawyerIn the aftermath of an accident resulting in serious personal injuries, you may be entitled to seek compensation for the damages you suffered through a claim against the at-fault party's insurer. In cases involving car, bike, or pedestrian accidents or in slips, falls, and other types of premises liability cases, seeking an insurance settlement may be a viable option as opposed to having to take your case to court. However, insurance companies are a business and as such, one of their primary concerns is protecting their profits. The following tips may help in getting the most out of your claim.

Questionable Insurance Company Practices

The insurance industry earns billions of dollars in profits each year. In addition to making money through premiums paid by customers, they protect their profits by carefully monitoring the amounts they pay out in claims.

Insurance regulators frequently receive complaints against insurance companies from consumers who feel they were taken advantage of or otherwise treated unfairly. Nearly two-thirds of these complaints center around accident liability and auto insurance policies. Among the most common problems encountered include:

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Posted on in Personal Injury

CA Injury lawyerHalloween falls on a Wednesday night in 2018. This means children will be rushing home from school, excited to go trick treating while also having parties and events to attend throughout the weekend. This is a fun time of the year, but it is also important for parents to bear in mind some simple safety precautions. Paying close attention to your child’s costume, the route they take in your neighborhood, as well as the behaviors of drivers on the road, can help to prevent potentially serious personal injuries. The following tips can help you as a parent ensure your children stay safe.

San Jose Halloween Safety

The San Jose Police Department (SJPD) knows that while children eagerly look forward to Halloween and the bounty of candy they are likely to receive, for parents it can be one of the most worrisome nights of the year. Between ‘stranger danger’ and reports of tampered candy packaging, it is natural to feel some apprehension.

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CA injury lawyerAccidents happen when you least expect them. As a result, you can be left with serious personal injuries. Even an otherwise minor incident can leave you with ongoing medical expenses while preventing you from working or participating in activities with family and friends.

In many cases, these types of injuries occur as the result of reckless and negligent actions on the part of others. While you cannot always avoid these situations, there are steps you can take to protect yourself. The following outlines some of the most common causes of personal injuries and some simple safety tips to follow:

Car Accidents

According to statistics from the San Jose Police Department (SJPD), roughly 50 people each year are killed in car accidents while hundreds of others suffer serious injuries. Dangerous driving behaviors, such as speeding, aggressive or distracted driving, and driving under the influence are often to blame. Avoid engaging in these types of behaviors yourself and if you notice another motorist tailgating, weaving in and out of lanes, or otherwise behaving in an erratic manner, pull over and notify law enforcement.

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personal injury causes, San Jose personal injury attorneys, slips and falls, personal injury claim, causes of accidental injuriesAccidents happen. Even a seemingly minor incident can end up leaving you with personal injuries that prevent you from working or engaging in your usual activities, while requiring the need to ongoing medical care and treatment. In many situations, the ‘accident’ responsible for your injuries is actually due to the reckless and negligent actions of others, thus entitling you to compensation through a personal injury claim. The following highlights six of the top ways in which these types of injuries occur.

Common Causes of Personal Injuries

According to the Centers for Disease Control and Prevention (CDC), accidental and unintentional injuries send more than 30 million people to hospital emergency rooms for treatment each year in the United States. Even if your injuries are relatively minor, they can cause impairments that impact your life for months and even years afterward. The CDC lists the following as the top six causes of accidental injuries: 

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San Jose car accident attorneys, car accident fault, car accident, comparative negligence, personal injury claimCar accidents are complex events, with multiple factors often leading up to a crash. While one of the drivers may be obviously to blame, the other may share a portion of the responsibility, either for the accident itself or for the severity of his or her injuries. If you were involved in a crash or collision in which you are partially at fault, it is important to be aware that you may still be entitled to compensation for the damages you suffered.

Determining Fault in a Car Accident

California is known as a ‘fault based’ insurance state. Therefore, when a car accident occurs, the at-fault driver can be held liable for damages you suffer. Esurance advises that in determining blame for an accident, insurance investigators will typically obtain statements from each driver and copies of police reports, while visiting the accident scene and surveying the damage to the vehicles. Insurance companies are in business to make a profit. Hence, if they determine you to be even partially responsible for your accident or your injuries, they may thus deny your claim.

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slip and fall injuries, negligent property owner, slip and fall accident, San Jose personal injury attorneys, personal injury claimSlips and falls are among the leading causes of personal injuries. While suffering an incident like this in a public setting may be something you are tempted to brush off quickly out, downplaying it as minor or a mere embarrassment, it is important to be aware of the serious and lingering damages of which these accidents can result. In many cases, fault lies with the property owner, and you may be entitled to compensation for any medical expenses, lost wages, and ongoing pain you suffer.

Common Causes of Slip and Fall Accidents

The National Safety Council (NSC) reports that slips and falls are the third leading cause of death in the United States, and leave close to 50,000 people suffering severe injuries each year. On the surface these accidents may seem minor, but the fact is that any strong force or impact can result in serious harm, with symptoms that often do not occur for days or even weeks after the accident occurred.

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wrongful death claim, San Jose personal injury attorneys, taser use, personal injury claim, law enforcement officialsAmid the controversy erupting over officer-related shootings, people often wonder why law enforcement officials do not rely more on tasers as a way of subduing and disarming subjects. Unfortunately, a recent wrongful death claim in San Jose shows that in some cases tasers can prove just as deadly.

As police departments and policy makers debate the use of tasers in local districts, it is important for even law abiding San Jose citizens to be aware of the potentially deadly health effects.

San Jose Controversy over Taser Use

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personal injury claim, San Jose personal injury attorneys, accidental injuries, medical treatment costs, personal injury lawsuitSerious and potentially disabling injuries can occur in a variety of situations. While referred to as ‘accidents’, injuries you suffer are often the result of another person’s reckless or negligent conduct. In these situations, you may be entitled to compensation through a personal injury claim.

As even the most seemingly minor incidents can end up resulting in major damages and costs, it is important to take the steps necessary to protect yourself when an accident does occur.

Common Types of ‘Accidental’ Injuries 

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California accident attorney, California injury lawyerThe U.S. Food and Drug Administration released a drug safety communication in May regarding type 2 diabetes medication canagliflozin, also known as Invokana, Invokamet, and Invokamet XR. After the results of two large clinical trials, the FDA found that canagliflozin increases the risk of leg and foot amputations – an already significant issue for diabetes sufferers. The FDA found the increased risk so great as to warrant a Boxed Warning, which is the highest warning label for drugs.

Heightened Amputation Risk

Canagliflozin is a medication used in combination with diet and exercise to lower an individual’s blood sugar. It is a sodium-glucose cotransporter-2 inhibitor, which lowers blood sugar by causing the kidneys to take sugar from the body and dispose of it through the urine.

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California accident lawyer, California injury attorneyIn August 2016, a plumber from Portsmouth, New Hampshire, was killed after being electrocuted by an electric oven and stove range. This prompted an investigation into the cause of the 52-year-old’s death, which led to the discovery that this make of Blomberg and Summit electric ranges were not properly grounded. These electric ranges can become energized, leading to shocks and electrocution. Now, the U.S. Consumer Product Safety Commission, Arçelik A.S. of Turkey, and Beko US are recalling 6,300 of these ranges, offering a free repair. The black or stainless steel freestanding, glass top, electric ranges affected have the model names:

  • Blomberg BERU 24200 SS;
  • Blomberg BERU 24100 SS; and
  • Summit CLRE24.

These ranges were sold by stores and Amazon.com across the U.S. between October 2012 and March 2017.

Your Rights When Hurt by a Defective Product

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California injury lawyer, California accident attorneyMedical professionals are needed in many personal injury cases including car crashes , slip and falls , and catastrophic accidents. While many accident victims are not concerned with this aspect of their case, medical experts are a crucial part of getting you the compensation you deserve under law.

What Medical Experts Are Used to Prove

Typically medical professionals are needed to prove three parts of your claim.

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California injury lawyer, California accident attorneyBurns present some of the most serious injuries and long-lasting complications. Once the skin is compromised by a burn injury, specialized medical care is often required. Burns can also be one of the most painful injuries that leaves behind permanent scarring.

Here are four key facts about burn injuries:

  1. Burn Injuries Are Categorized by Degrees

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California injury lawyer, California accident attorneyBeing in a car accident where you are not at fault likely means that you have a claim against the at-fault driver (or his or her insurer) for your injuries and property damage. How do you know if you need an attorney to help you pursue this claim?

Typically, the type of your injuries is a good starting point in making this decision. A lawyer can greatly assist accident victims who:

  • Have high medical bills;
  • Require surgery;
  • Have had to take off time from work; or
  • Will not make a full recovery.

In these cases, the accident victim may be owed a significant amount of money in damages, including pain and suffering. Accident victims often undervalue the amount their claim is worth, and an attorney’s knowledge and experience can be useful in these calculations.

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Posted on in Personal Injury

California injury lawyer, California accident attorneyWhen it comes to dog bite injuries, many people first think of broken skin, cuts and bleeding. These are common injuries, but dog bites can cause other complications that are painful and require extensive treatment.

If you have been bitten by a dog, you should hold the owner responsible and speak to an attorney right away. Under California law, you should not have to suffer without compensation.

Injuries Dogs Can Inflict

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California accident attorney, California injury lawyerMany injured people and their families have heard of awards for pain and suffering. In many cases, pain and suffering can be a sizable part of a settlement or award for a personal injury claim. Pain and suffering can be awarded in almost any accident, including car accidents, slip and falls, civil assault proceedings, and catastrophic injuries.

Some who are unfamiliar with the law assume that pain and suffering awards are arbitrarily set. People assume that this number is grabbed from the sky by a jury based on how they feel about the victim and the person who was at fault.

This is usually not the case. While pain and suffering seem like an abstract concept, there are ways that professionals who deal with personal injury cases assess what a pain and suffering award will likely be.

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California injury attorney, California accident lawywerProving who was at fault in an accident is a major issue in any personal injury case, whether it be a car accident or a slip and fall. In some cases, an accident victim will be put in the defensive position when the at-fault party asserts that the victim is responsible for the accident.

For example, if you slipped and fell on a slick floor in the supermarket, you may be able to file a suit against the store. You may be able to prove that the store is responsible for your fall by failing to clean its floors in a timely way.

However, there may be a video of your fall showing that you were texting while walking or that you were running down the aisle. If a jury sees that evidence, the jurors may conclude that the fall victim is ultimately at fault or at least partially at fault.

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California car crash lawyer, California accident attorneyRoadway conditions and construction zones can cause serious accidents. If you believe that your car accident can be attributed to a dangerous roadway condition, you should contact an attorney as these claims are complicated to pursue.

Recently, there was a seven-car pileup in a construction area in California that led to a fire and bodily injury. While the cause of the accident is still being determined, construction zones are common places for accidents.

Sometimes the accidents are caused by driver error as drivers are more prone accidents in unfamiliar areas or where there are unexpected changes. Other times, the construction areas lack appropriate signage or are improperly designed. In these instances, the government or a government contractor may be responsible for your auto accident.

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California injury lawyer, California accident attorneyUnder state law, injury to a person that stretches beyond physical injury can be the basis of a personal injury lawsuit. If you are a victim of mental distress that was suffered after someone intended to hurt you emotionally, California law may provide that you have a cause of action for damages.

Emotional distress can have a huge consequence on your life, and the person who inflicted this harm on you should be held responsible.

Elements of Intentional Infliction of Emotional Distress

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California injury lawyer, California accident attorneyYou head to the salon to get a new look and some pampering, but when a salon fails to provide a safe environment or improperly performs a procedure, devastating injury can follow.

A salon or spa must provide a safe and sanitary space with properly trained staff. As salons expand service offerings to include procedures like lasers and Botox, there are more ways salon patrons can be injured.

Also, injuries from salons can be serious and painful. If you have been injured in such an accident do not think that you are to blame since you chose to get the procedure or treatment. It is the salon’s duty to perform the services it offers safely.

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California accident lawyer, California injury attorneySometimes personal injury attorneys are asked about “frivolous lawsuits.” While there are some cases which should never be brought, many times if you have been in an accident in which you were not at fault, you have a valid lawsuit.

Malicious Prosecution

If a lawsuit is frivolous and is nonetheless filed, the party who filed may be subject to a separate lawsuit for malicious prosecution. To prove malicious prosecution, the defendant in the frivolous lawsuit must prove that the suit was brought without probable cause and with malice.

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