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Tag Archives: San Jose personal injury attorney

CA injury lawyerThe past few years have seen an increase in the number of severe brain injuries reported by former football players. In an attempt to understand the connection between the game and head injuries, and find ways to better diagnose medical issues as well as protect players, a number of groups have taken steps to address the topic.

Concussions and Worse

Not too long ago football players would talk about getting their “bell rung.” However, new information indicates that those incidents may very well have been concussions, injuries to the brain, that have a very negative impact on the sufferer’s cognitive abilities. However, the minimization of concussion impact or the misdiagnosis of the injury has led to a recent increase in the filing of lawsuits related to this issue.

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San Jose personal injury lawyerRecovering compensation after a car accident is not always easy. In some cases, the other driver’s insurance company works fast and resolves the issues of fault and damages relatively quickly and all parties are able to move on without any significant delays. In other cases, the insurance companies drag their feet and can keep a case pending for months and maybe years before it is settled. If a driver is injured in an accident with a negligent driver who is a government employee operating a government car, there may be additional delays due to the law governing how claims against the government may be handled.

Government-Related Accident Claims

It is not easy to sue the government in California, as in many other states, because government entities and some employees are immune from liability for acts that they take in their official capacities. Before deciding to sue the government or a government employee, you have to ensure that the conduct you are alleging is exempt from the broad immunity from liability enjoyed by the government, its employees, and, in some cases, its contractors.

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forceps, birth injury, San Jose personal injury attorneyThe Centers for Disease Control and Prevention, more commonly known as the CDC, reports the latest data on annual births across the United States is at nearly 4 million, with an average birth rate of 12.4 percent per 1,000 population. The number of infant deaths is reported at 4,758.

Although the birth of a child is most often a joyous event, no child or family is immune from possible complications from biological or medical errors marring the expectations and hopes for the future. According to the Mayo Clinic, births involving the use of forceps heightens the risk of injury both to the mother and the baby. Forceps, resembling a pair of salad tongs, are used to facilitate and assist the newborn through the birth canal. Successful use of this medical device requires the physician to gently guide the baby’s head during each contraction but, when used improperly, the damage to the child can be both extensive and permanent.  

If too much force is applied or if the forceps are improperly placed, the strain on the child’s head can result in skull fractures, tearing of the vessels in the brain, swelling of the brain and intracranial trauma or brain bleed. There is also further risk of debilitating episodes of seizures, stroke, cerebral palsy as well as intellectual or developmental delays.

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dog bites, insurance coverage, San Jose personal injury attorneyEvery five years, the American Veterinary Medical Association (AVMA) releases the U.S. Pet Ownership & Demographics Sourcebook ranking the top/lowest ten states sharing a home with a pet, most often domesticated canines. As per the 2013 AVMA report, California ranked among the lowest ten states proclaiming pet ownership. It was reported that 52.9 percent of the California population shared their home with a domesticated pet but no matter where state rankings stand, the Centers for Disease Control (CDC) reports that approximately 4.5 million dog bites still occur every year across the United States.

Statistically, the complexities of pet ownership run even deeper than just welcoming your four-legged friend into the family fold. The Insurance Information Institute reported that in 2014, California residents reported 1,867 dog-related injury claims with an average cost of $33,649 per claim. It is understandable that dog-bite injuries can become a household’s largest liability and often leading to intricate legalities and lawsuits. It is often riskier for those who rent in comparison to homeowners who are minimally covered under their homeowner’s insurance policy. 

The costs associated with a dog bite claim have skyrocketed, so much so that in 2013, Farmers Insurance of California placed breed restrictions within their coverage often turning away business or denying a claim if a homeowner owned one of the following breeds: 

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appellate court, gas leak, San Jose personal injury lawyerWhen you have been hurt in any type of incident caused by the actions or negligence of another party, you deserve to collect compensation for your injuries. Your road to recovery may be made even easier when the responsible party admits their liability relatively early in the process. Admission of liability does not necessarily mean that everything is completely resolved, as a San Gabriel man recently learned. His compensation may finally be on its way, though, as a California appellate court last week upheld a $20 million verdict against a local utility provider.

Lighting a Cigarette

In 2011, the claimant was living in a remodeled garage in San Gabriel. According to court records, an employee of the Southern California Gas Company, opened a valve which allowed the man’s residence to fill with natural gas. When the resident went to light a cigarette, the gas-filled garage exploded, causing him severe burns and a traumatic brain injury, which experts believe will lead to dementia by about age 50. For a man who was only 23 at the time of the explosion, the impact is expected to be life-changing.

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train safety, jurisdiction, San Jose personal injury attorneyThe U.S. civil court system is an institution that has been established to protect the rights of those who have been wronged or injured in some way. When a party has suffered losses due to the actions or negligence of another, the damaged party may be forced to rely on the courts to provide the compensation and justice he or she needs and deserves. There are limits, however, to what the American justice system can do, especially when the case involves injuries that occurred in another country.

Continuing Trend

Earlier this month, the Supreme Court of the United States issued its first ruling of the new term, reversing a decision by the Ninth Circuit Court of Appeals that allowed a suit to continue in American court over an injury occurring in Innsbruck, Austria. The High Court unanimously rejected the lower court’s ruling on the grounds that the focal point of the case centered around events that took place outside of the United States, and that the American courts do not have sufficient jurisdiction to make a binding ruling. This marks the third time in less than four years that the Supreme Court has limited the reach of the U.S. court system.

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auto insurance, car accidents, San Jose personal injury attorneyAfter you purchase your auto insurance, you rarely give it a second thought, other than to pay the bill. But, after you have been in a car accident, you will need to know how your insurance works and what it covers.

The Basics

California is a “fault” state. This means that unless you have a special type of coverage, your insurance will not pay for your injuries or property damage. You will need to file a claim with the other driver’s insurance company.

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blackout wednesday, drunk driving accident, San Jose Car Accident AttorneyAs you and your loved ones get together this week to celebrate the Thanksgiving holiday, there is likely to be a vibrant discussion of plans to take advantage well-publicized sales the next day. For some, the shopping may even begin Thanksgiving night. The retail event known as Black Friday has been a part of American culture for many years now, however its bookend counterpart on the opposite side of Thanksgiving is quickly developing a reputation of its own, but for vastly different reasons. The day once innocently called Thanksgiving Eve by those anticipating the next day’s celebration, has become known as Blackout Wednesday to bartenders and law enforcement, and hospitals around the country are preparing for a marked increase in drunk-driving injuries and deaths. If Black Friday represents consumer indulgence, Blackout Wednesday is synonymous with overindulgence, but with much higher stakes.

Contributing Factors

There are number of reasons that the day before Thanksgiving has become one of the year’s busiest nights for bars and clubs. Among college students and recent graduates, many are able to make it home for the long weekend, taking at least one night to meet up with classmates and friends who have all gone their separate ways. Established professionals, likewise, are often off work early on that day and do not have to work Thanksgiving, so a happy hour beer can quickly turn into a full night out. Many also look forward to a big meal the next day, hopefully one that will provide relief from the inevitable hangover.

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Janoff Law,
A Professional Corporation
1570 The Alameda, Suite 221, San Jose, CA 95126 408-286-2300
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