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The Hidden Dangers of Brain Injuries After an Accident

 Posted on November 06, 2024 in Personal Injury

Santa Clara County, CA Catastrophic Injury LawyerThe human brain is a fascinating organ that controls our entire bodies. Brain injuries after an accident are not always immediately apparent. Victims may feel fine initially, only to suffer from seizures or other adverse effects later. Brain injuries can range from minor to catastrophic, and understanding the associated symptoms may save your life or the life of someone you love.

If someone else’s negligence causes an accident, the victim may be entitled to compensation. Eligible survivors of fatal accident victims could have grounds for a wrongful death claim. In either case, working with an experienced lawyer from Law Office of John J. Garvey, III can significantly increase your chance of getting as much compensation as you deserve.

Always Accept or Seek Medical Attention After an Accident

Many kinds of incidents can cause head injuries, and some of them could offer an avenue for compensation. Head and brain injuries are often caused by:

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Beware of Halloween Pedestrian and Drunk Driving Accidents

 Posted on October 28, 2024 in Car Accidents

South Bay Area Car Crash LawyerPlenty of Halloween activities offer fun for both children and adults. Unfortunately, haunting accidents often occur on this holiday. Along with the dangers of attending haunted houses, carving pumpkins, and tripping while trick-or-treating, statistics show that drunk driving and pedestrian accidents increase.

If you or your child is injured on Halloween by someone else’s negligent behavior, you may qualify for compensation through a personal injury claim. The legal team at Law Office of John J. Garvey, III hopes you and your family have a safe Halloween, but we are here to help with your compensation claims.

Halloween Pedestrian Accident Facts

Many more pedestrians than usual normally travel from house to house while trick-or-treating on Halloween, and many of them are children. Youngsters may not understand the dangers of crossing streets, sometimes running into oncoming traffic in their excitement to get their next handful of candy. Young teens often roam without adult supervision. Unfortunately, children from 5 to 8 and 12 to 15 are most likely to be injured or killed in pedestrian accidents on Halloween.

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Who Pays My Claim If I Am Injured at Work?

 Posted on October 08, 2024 in Workplace Accidents

San Jose Workers' Compensation LawyerAccidents happen every day, even at work. California requires all employers to carry workers’ compensation insurance that provides benefits to their employees for job-related illnesses or injuries, but there are some situations when a third party is responsible. In those cases, workers may have other options for compensation.

When is a third party liable for workplace injuries? Is filing a personal injury claim a better option? An experienced lawyer can investigate your incident, establish liability, and help you get the compensation you deserve.

What Is the Difference Between Workers’ Comp and Personal Injury Claims?

Workers’ compensation benefits are usually available to employees who become ill or sustain injuries from work-related causes, regardless of who is to blame. These policies pay medical expenses, a portion of the worker’s lost income, and other qualifying losses. When you accept workers’ comp benefits, you relinquish the opportunity to file a personal injury claim against your employer.

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What Kinds of Accidents Qualify for CA Wrongful Death Claims?

 Posted on September 25, 2024 in Car Accidents

San Jose Workplace Injury LawyerAccidents happen daily throughout California, often causing injuries. You probably know you may be entitled to compensation through a personal injury claim if someone else’s negligence injures you. What if an accident claims the life of your loved one? Do you have any way to hold the responsible party accountable?

You may qualify to pursue a settlement by filing a wrongful death action. How do you know if you are eligible? How much will your settlement be? Call Law Office of John J. Garvey, III now so our experienced lawyer can answer those questions.

Which Accidents Can Lead to Wrongful Death?

If someone’s negligence is directly responsible for the fatal accident that took your loved one, you may be able to collect a settlement. Common accidents that might qualify include:

How Does the Eggshell Skull Rule Affect My Injury Claim?

 Posted on September 25, 2024 in Personal Injury

Santa Clara County Personal Injury LawyerYou probably know that if you are injured in an accident caused by someone else’s intentional act or negligence, you may qualify for compensation through a personal injury claim. You might not know, however, that insurance companies do everything they can to avoid paying claims. One of their favorite sayings that your injuries were a pre-existing condition, so they are not liable.

Sometimes called the papier-mache plaintiff rule or the thin skull rule, the eggshell skull rule is a legal doctrine that refutes the pre-existing condition argument. What is this funny-sounding rule, and does it apply to your case? What impact could it have on your settlement? A knowledgeable lawyer from Law Office of John J. Garvey, III can answer these questions during your free consultation.

What Is the Eggshell Skull Rule?

No, it is not a legal doctrine based on Humpty Dumpty’s demise. An illustration may help you understand the concept. Suppose there are two eggs, side by side. One has a shell of average thickness, but the other is extremely thin and fragile. A visual inspection cannot reveal which is which. You gently tap both eggs; one breaks, but the other remains solid.

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What Is Negligence by Omission in Personal Injury Cases?

 Posted on September 09, 2024 in Personal Injury

San Jose Personal Injury AttorneyPersonal injury claims allow eligible victims to obtain compensation from the party responsible for their injuries. Not every accident or injury qualifies and each case has to meet specific requirements. You have to prove that someone else is liable before you can get a settlement. Even when you have proof, reasonable settlement amounts are hard to obtain without the assistance of a skilled attorney from Law Office of John J. Garvey, III.

What Is Negligence in Personal Injury Cases?

Negligence is the foundation for most personal injury cases. The term’s definition in legal matters is a failure to behave in the way a reasonable person would in the same situation. To establish negligence, the party in question must have owed you a duty of care. This duty is a legal obligation to use reasonable care to avoid harming others, and it can differ depending on the situation. When someone fails to provide the required duty of care, and that failure causes your injuries and related damages, you likely have grounds to file a personal injury claim.

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What Is an Insurance Company's Role in Personal Injury Cases?

 Posted on August 26, 2024 in Personal Injury

South Bay Area Car Crash Injury AttorneyAccidents happen every day, sometimes causing injuries and fatalities. When someone else’s negligence causes an accident, the victim may be entitled to compensation through a personal injury claim. If someone loses their life in a qualifying accident, eligible survivors might receive compensation through a wrongful death claim. How do you know if you qualify? Who is liable for paying you? Request your free consultation with our experienced personal injury lawyer from Law Office of John J. Garvey, III to find out.

How Does a Personal Injury Claim Work?

To qualify for a personal injury claim in most cases, someone else’s negligence must be responsible for your injury and related losses. Several kinds of accidents can lead to these claims, including:

When Can Dog Bites Lead to Serious Infections?

 Posted on July 31, 2024 in Dog Bites

San Jose Dog Bite Infection LawyerDogs make great pets, and they can be friendly and lovable. However, they can also behave unexpectedly, and when they bite or attack someone, the experience can be very painful and traumatic. In some cases, dog bites may lead to serious infections that can have a long-term impact on a person's health. An experienced attorney can help dog bite victims address these issues and take steps to recover financial compensation for their injuries and other forms of harm they have suffered.

Types of Infections From Dog Bites

Dog bites can introduce a variety of bacteria or viruses into the body, leading to several types of infections. Some of the most common infections include:

  • Rabies: This viral infection affects the nervous system, and it can be fatal if not treated promptly. It is transmitted through the saliva of an infected dog when a bit breaks the skin.

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Where Are Slip and Fall Accidents Most Likely to Take Place?

 Posted on July 15, 2024 in Personal Injury

South Bay Area Personal Injury LawyerSlip and fall accidents can happen almost anywhere, and they may lead to serious injuries. In many cases, these accidents occur because of the negligence of a property owner who failed to take the proper steps to protect the safety of visitors. Following an injury in a slip and fall accident, an experienced attorney can provide guidance on the legal options available to an injury victim, ensuring that a person will be properly compensated for the injuries they have suffered and any other damages they have experienced.

Common Locations for Slip and Fall Accidents

People may slip on wet floors or trip over hazards and suffer serious fall injuries in a variety of different settings, including:

  • Retail stores and supermarkets: Slip and fall accidents may occur in these stores due to spilled liquids or food items, recently mopped or waxed floors without proper warning signs, or cluttered aisles or merchandise on the floor that present tripping hazards.

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Alcohol and Drug Use by Truck Drivers Can Lead to Truck Accidents

 Posted on June 25, 2024 in Truck Accidents

South Bay Area Drunk Driving Accident LawyerIntoxicated driving is a serious issue that can put many people at risk of being injured or killed in motor vehicle accidents. The use of alcohol and drugs by truck drivers is an especially serious concern, since it can lead to dangerous truck accidents. Given the size and weight of commercial trucks, impaired driving can have devastating consequences. An experienced attorney can provide legal help and representation for people who have been injured in truck accidents involving intoxicated driving. At Law Office of John J. Garvey, III, we can help injury victims recover compensation for the injuries and damages suffered in these situations.

Why Truck Drivers May Be Intoxicated

There are numerous reasons why truck drivers may use alcohol or drugs while on the job, including:

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