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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 Catastrophic Injuries

CA injury lawyerAs fires continue to rage throughout California, our thoughts are with the victims and the thousands of people who have been forced to relocate as a result. As fire officials throughout the state work to get the blaze under control, there is another common fire hazard we want to warn you about. With Thanksgiving just around the corner, families in our area will spend the day gathering with loved ones, hosting elaborate feasts. The emphasis on cooking means an increase in kitchen fires, which can end up resulting in serious burn injuries. The following highlights how common this problem is and the steps you need to take to protect yourself and your guests.

Kitchen Fires a Hazard Over Thanksgiving

While people throughout our area hear frequent warnings about forest fires and the devastation they bring, there is another common threat this time of year which often goes unnoticed. According to the U.S. Fire Administration, Thanksgiving is one of the most dangerous days of the year for residential fires, impacting close to 2,000 families each year and resulting in $19 million in damages. The most common culprit in what can be a potentially life-threatening situation includes fires that begin in the kitchen.

Cooking a turkey and all the accompanying side dishes often takes up a large portion of the day. In addition to your stove and oven, there may be numerous other electrical or gas appliances operating at the same time. It is important to carefully oversee all of these preparations. Avoid having too many people in your kitchen and keep children in another room, out of harm’s way. Even a relatively minor accident involving flames, a hot pan, or kitchen grease can end up doing permanent damage.

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CA injury lawyerIn San Jose and throughout the Bay area, there are numerous opportunities to attend sporting events. Whether you are watching minor league baseball or a pro-football game, one thing you can count is that fans will be enthusiastically cheering on their favorite team. Unfortunately, the competition can get intense, particularly when alcohol is involved. In a recent case, a San Jose man suffered potentially life-threatening personal injuries after being beaten up by another fan outside a 49er’s game. When these types of situations or other incidents occur, you need professional legal guidance in determining who is ultimately responsible.

Brawl at Local Sporting Event

While sporting events may be ‘just a game’ to some people, others take an extremely serious interest in supporting their players and in the overall outcome. Whether there is money or simply bragging rights riding on a game, tempers can easily flare. Unfortunately, a San Jose man was recently caught up in an altercation outside Levi Stadium, which left him fighting for his life as a result.

The 33-year-old victim attended the recent football game between the San Francisco 49ers and the Arizona Cardinals. As he was leaving the stadium, he kicked a beer bottle laying on the ground, which came close a 34-year-old Madera resident. Police say that the Madera resident dramatically overreacted to the situation. He approached the victim, striking him with his fist once in the head, then punching him a second time as the injured man attempted to get away.

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San Jose pedestrian accident lawyer hit and run

Pedestrian accidents are unfortunately common in San Jose, leaving victims with potentially serious personal injuries. The trauma that victims and their families suffer is made even worse when the driver responsible flees the scene. A recent hit and run in San Jose involving two children highlights the dangers victims of these accidents face and raises questions regarding how these drivers can be held accountable. 

Hit and Run Accident in San Jose Injures Two Children

A Labor Day pedestrian accident in San Jose that injured two children has police reaching out to the public in an attempt to identify the driver involved. According to NBC Bay Area News, the accident occurred in the afternoon hours of September 3, 2018, at the intersection of Cottle Road and El Molino Way. Witnesses state that the driver of a white, four-door Honda Civic did not stop at a traffic sign before entering the intersection, where he struck a 12-year-old girl and a 13-year-old boy who were riding their bikes. Rather than stopping to check on the victims, the driver fled the scene. Fortunately, both children were wearing bicycle helmets at the time of the accident and are expected to make a complete recovery from their injuries.

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San Jose pedestrian accident injury lawyerAs the first three quarters of 2018 wind to a close, San Jose authorities are struggling to come to grips with an alarming statistic. A recent accident involving a man who was killed after being struck by a dump truck off Monterey Highway marks the 11th pedestrian death to occur in San Jose this year. While pedestrian accidents in general tend to result in more serious personal injuries, this recent rash of fatalities has both residents and community leaders concerned. 

Seventy-One-Year-Old Killed By Dump Truck in Pedestrian Accident

In late July, 2018, The Patch reported on a fatal accident which occurred in a recycling yard in the 1900 block of Monterey Highway, claiming the life of an older San Jose resident. A 71-year-old man was walking through the recycling yard parking lot just before 2:30 p.m. on July 19th when he was suddenly struck by a dump truck and fell to the ground. Not seeing the man, the dump truck driver ran over the victim, who was pronounced dead at the scene. 

Police state that the driver is cooperating with authorities in the investigation and that drugs and alcohol use do not appear to have been a factor in the accident. The tragedy marks yet another in a string of pedestrian accident fatalities to plague San Jose, the 11th since the beginning of 2018. 

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traumatic brain injuries, child brain injury, San Jose personal injury attorney, head injury symptoms, suspected head injuryChildren play hard and it is impossible for parents to prevent injuries that are likely to occur as the result of their rough and tumble behavior. While many of these may be no more than minor bumps, bruises, or scratches, it is important to be alert for the signs of something more serious.

In the summer months, children are busy in parks and in engaging in recreational sports, which increase their risk for suffering bumps and blows to the head. Unfortunately, traumatic brain injuries can occur as the result. The following offers signs and symptoms of which to be alert.

Common Causes of Brain Injuries Among Children

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San Jose personal injury attorney, dog attack, unleashed dog, dog bite injuries, dog bitesThroughout San Jose and the entire Bay Area, there are numerous parks, restaurants, shopping plazas, and other venues which are friendly to four legged companions. While being able to take your dog with you on outings allows for plenty of advantages, it also comes with a certain amount of responsibility. Individual pet owners are responsible for their dogs behavior, and can be held accountable when dog bites resulting in serious personal injuries occur.

Consider the following tips on how to protect yourself when encountering a dog, either with the owner or unattended, as well as what to do in the event a bite or attack occurs.

Protecting Yourself Against an Attack

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San Jose personal injury attorney, boating accidents, boating safety, boating and alcohol, reckless boatingNow that summer is here, many San Jose residents will likely take to the water. With ocean and bay temperatures hovering at less than 60 degrees, boating provides a way to enjoy a day out without having to grapple with a wetsuit. Unfortunately, the more people there are on area waterways, the greater potential for mishaps.

Boating accidents can easily result in drownings, and even otherwise minor collisions can cause end up resulting in serious personal injuries. Before heading out, be aware of the dangers and the steps you can take to protect yourself and your fellow passengers.

Boating Safety in San Jose

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San Jose personal injury attorney, violent crimes, violent assaults, sex crimes, assault injuriesBeing a victim of a violent crime is a harrowing experience. Whether you suffer personal injuries due to assault and battery or as the result of a sex crime, it can leave physical and emotional scars that take years from which to recover. To alleviate the additional burden of lost wages and mountains of medical debt in relation to your injuries, there are options available that can provide the compensation needed to meet these and other costs.

Violent Crimes in San Jose

According to the San Jose Police Department (SJPD), nearly 4,200 residents of our area were victims of violent crimes over the course of 2017. This represents a significant increase over the prior years figures, and more than half of these involved violent assaults and sexual crimes. Injuries that are often related to these crimes include:

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Posted on in Personal Injury

personal injury recovery, San Jose personal injury attorney, medical expense compensation, personal injury settlement, broken bonesIf you have suffered a personal injury as the result of a car crash, a slip and fall, or other type of accident, you are probably eager to put the whole incident behind you and move on with your life. In this situation, an early settlement offer from an insurance company can seem like the perfect opportunity to get compensation for your medical expenses and other costs you have incurred. Unfortunately, insurers use this time when you are most vulnerable and not completely healed from your injuries to offer you settlement amounts that are often far less than what you will eventually need or are entitled to.

Allowing Yourself the Time to Heal

Not all personal injuries are easy to diagnose, and it can be difficult to determine any potential long term damages or impairments they can cause. Often times, it takes extensive diagnostic testing, along with time for various symptoms to reveal the extent of the damage. According to the Centers for Disease Control and Prevention (CDC), more than 30 million people suffer personal injuries serious enough to require emergency hospital care each year.

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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 premises liability attorney, California injury lawyerSummertime for many people means backyard pool parties. If you are a guest in someone’s home with a pool, the homeowner has a duty to provide you with a reasonably safe swimming environment. This duty is found in an area of law called premises liability. There are several dangerous conditions that can be present in home swimming pools. There are also special considerations for children around swimming pools.

Common Dangerous Conditions

  • Slick walking surfaces: A homeowner should foresee that the area around the pool will get wet. Thus, the area around the pool should be suitable for this purpose. Common dangerous conditions include slick decks, stairs without treads and algae growth on the ground.
  • Poor maintenance: The pool and accessories should be properly cared for by the homeowner. Diving boards, pool ladders, and water slides should be sturdy and able to support their intended use.
  • Poor pool design: Some pools are poorly designed and create drowning hazards.
  • Poor water quality: If not correctly cared for, pool water can spread dangerous diseases or expose swimmers to chemicals.

These conditions can cause serious injury. It may be that the homeowner is liable, in which case a homeowner’s insurance policy is implicated. In some cases, the manufacturer of a pool part or product may be liable.

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California injury lawyer, California accident attorneyAn accident that takes place in a stairway or stairwell can be more dangerous than a fall on a flat surface. If the fall occurs while the victim is descending, he or she could fall at a faster speed. If the fall occurs while the victim is ascending, there are numerous objects that could cause more injury like handrails or the steps themselves. As attorneys who have represented many slip and fall victims, we see several common stairway hazards that cause severe and painful injuries.

  • Uneven steps. Steps should be uniform in height;
  • Poorly lit steps. Stairwells often do not have the proper lighting making it difficult to see;
  • Wet steps. If there is a spill or if the steps have been recently mopped, warning signs should be posted;
  • Slick steps. If needed, steps should have adequate non-slip tape. This tape should be replaced as frequently as needed and should not be worn down;
  • Unmarked steps. Sometimes a small step or set of steps will be unmarked. Uneven steps should also be marked; and
  • Lack of handrail. Typically, there are regulations in place that require handrails. These handrails must be properly maintained and should be secure. They also should be placed at a specific height and more than one handrail may be required for wider stairways.

When Is Someone Responsible for My Stairway Fall?

All business owners and homeowners owe a duty to provide visitors with a reasonably safe environment. The biggest hurdle for a fall victim in proving a claim is typically the “notice requirement.” This requirement means that the owner must be aware or should have been aware of the dangerous condition.

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California injury attorney, California accident lawyerIt is important to remember that you do not have to needlessly suffer if you have experienced emotional distress because of another’s actions. There are two types of claims that seek to redress victims of emotional distress where you have not experienced any physical injury. The first type is if the emotional distress was intentionally inflicted. In our last post, we discussed what elements are needed in order to prove the intentional infliction of emotional distress.

The second type is if the emotional distress was inflicted due to someone else’s negligence. Negligent infliction of emotional distress means that the tortfeasor (or person harming you) does not have to intend to hurt you. Rather, negligent infliction of emotional distress occurs when someone’s unreasonable acts caused you emotional distress.

Two Types of Negligent Infliction of Emotional Distress

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