Sep 05 by Andy Gillin

Are Insurance Company Deadlines Important?

To be sure, the insurance company’s goal is to pay as little as possible for claims. As such, it may try to tell you that you have missed a deadline for filing your claim or to convince you to take a settlement with a specific deadline.

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Sep 01 by Andy Gillin

Should I Loan My Car to a Friend?

It’s true: friends don’t let friends drive drunk. When loaning out the car, we don’t usually think about fender benders and insurance claims either.

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Aug 25 by Andy Gillin

Can I Sue Uber After a Car Accident?

Uber and other companies that offer cheaper alternatives to taking a traditional taxi-cab are getting a lot of business these days. Uber hires private drivers who operate as…

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May 26 by Andy Gillin

Can I sue a county or city government in California?

City, county, and state governments can be held liable in lawsuits the same as private citizens; however, the process regarding suing a county or city in California is far different and more complex than suing a person.

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May 26 by Andy Gillin

How Soon After I am Injured do I Have to File a Lawsuit?

If you’ve been injured due to negligence, then you are entitled to receive compensation from the guilty party. However, the State of California imposes a strict deadline known as a statue of limitations that limits the amount of time following an accident in which you are allowed to file a claim.

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May 24 by Andy Gillin

How does auto-medical payments insurance work?

When you are involved in an accident, the most concerning part is whether or not you have suffered any injuries, and if so, what the outcome of those injuries will be. In fact, most people agree that as long as everyone is okay, things like property damage to a car hardly matter.

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May 24 by Andy Gillin

FAQ: Personal Injuries That Occur While on the Job

If you’re injured on the job, you may have two separate kinds of cases. You definitely have a worker’s comp case under California law, but in addition, if there was someone other than your employer who’s at fault, you would also have a personal injury case.

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May 24 by Andy Gillin

If I miss work due to my accident injuries, can I recover lost wages in my case?

If you recently got hurt in a serious accident, can you recover lost wages by filing a personal injury claim? In short, the answer is yes. Lost wages, along with the cost of your medical care and your pain and suffering, are the main damage components of a personal injury claim. The way we prove how much you’re entitled to in terms of your lost wages is to work with your medical providers using medical records and narrative reports, depositions if necessary, to explain why it was that the nature of your injuries prevented you from returning to your type of work for as long as it took.

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May 24 by Andy Gillin

Is it legal to ride my bike in a crosswalk?

Many bicyclists in the Bay Area wonder: Do I have to walk my bike across the crosswalks in California? Technically, in the state you are supposed to walk your bike whenever you are in a crosswalk. Indeed, under California Vehicle Code 21200, which governs the operation of bicycles in the state, it is unlawful to ride across a crosswalk. For your own health and safety, the best thing you can do is to get off your bike when crossing the street. That being said, if a serious bicycle accident does occur while you are riding in a crosswalk, do not automatically assume that you are the party at fault.

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May 24 by Andy Gillin

What Happens If You Have a Car Accident Without Insurance?

All drivers in the state of California are required to have car insurance. Liability insurance pays for injuries that you cause to others when you cause a crash, and other types of insurance, such as medical payments coverage, collision coverage, and uninsured/underinsured motorist coverage help to pay for injuries or damages that you sustain in a crash, sometimes regardless of fault. Insurance is very important – if you don’t have insurance and you cause an accident, you could be held personally liable for hundreds of thousands of dollars worth of damages to others, and if you are injured in an accident, there may be no way to recover compensation for your economic and non-economic losses.

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May 24 by Andy Gillin

Can Medicare take my entire personal injury recovery settlement?

Injured victims who are on Medicare often wonder whether or not Medicare will simply take control of their entire personal injury settlement/judgment. Is it even worth putting in the effort to go through the claims process? The answer is yes, it always worth your time.

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May 24 by Andy Gillin

What is my role in the litigation process as a plaintiff?

Getting hurt in an accident can be confusing and frustrating, especially when you need to file a lawsuit in order to seek compensation for your losses. At GJEL Accident Attorneys, we are here to help injured plaintiffs through every stage of the litigation process.

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May 24 by Andy Gillin

Do I need a lawyer for my accident?

A lot of people ask, “Do I even need a lawyer for my accident case?” Very often, the answer is no. However, if you were seriously injured in an accident, you should always work with an experienced San Jose personal injury attorney.

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May 24 by Andy Gillin

What questions should I ask when interviewing a lawyer?

Many people ask, what are the questions they want answered when they’re interviewing a lawyer. This is a great initial question, as you will not be able to select the best lawyer to handle your case unless you know what questions you need to ask in order to research the issue. Here, our experienced San Jose personal injury attorneys have put together a list of seven important questions that you should consider asking a lawyer before hiring them to handle your case.

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May 24 by Andy Gillin

What if I don’t feel the insurance company is making a fair offer on my car?

When you are involved in a crash in California, you will either turn to your own insurance company, or the insurance company of the other driver, in order to seek compensation for the damage to your vehicle. If the other driver was at fault – their insurance is responsible for paying; if you were at fault – you can file a claim through your own insurance company’s collision coverage policy (assuming you carry this coverage type). In some cases, you may have to file an uninsured motorist claim to recover compensation.

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May 24 by Andy Gillin

If I’m rear-ended, is it always the other person’s fault?

Rear end collisions are one of the most common – but luckily one of the least serious – accident types. What is often most complex about these accidents, however, is not the extent of the injuries that they cause, but is determining who is to be held liable for damages. Because California is an at-fault, or tort liability state for car accidents, determining fault in all crashes that result in damages, even if those damages are minor, is important. It should also be noted, of course, that while most rear-end collisions are not serious, those that occur at high speeds have the potential to be very severe, and could even be fatal.

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May 24 by Andy Gillin

What if I didn’t realize I was injured until weeks after my accident?

What happens if you got hurt in a car accident but did not realize the extent of your injuries until days or weeks later? What if your decision to delay seeking medical treatment exacerbated your injuries, resulting in the need for more extensive and costly medical treatment? Regardless of when you decided to seek medical treatment after the crash, an Oakland car accident lawyer can help.

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May 24 by Andy Gillin

If I make an uninsured motorist claim, will my insurance rates go up?

Despite the requirement that all drivers in the state of California have liability insurance or show proof of financial responsibility, many people in the state do not carry insurance for various reason. In fact, a lack of insurance is so common that one source suggests that 4.1 million California drivers are uninsured. The fact that there are some many people driving around without proper insurance coverage is one of the primary reasons that carrying uninsured motorist coverage is a very wise idea.

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May 24 by Andy Gillin

If I’m on Medicaid, can they take my entire recovery?

When you sustain a personal injury because of another party’s negligence, you will likely need medical treatment and will have ongoing healthcare needs related to the injury. For residents of Northern California who rely on Medicaid (or Medi-Cal, in California) for healthcare, you can continue to anticipate that your injury-related treatment will be covered. In other words, you will not be responsible for paying the upfront costs associated with your recovery.

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May 24 by Andy Gillin

What is uninsured motorist coverage?

If you live in California and you are involved in a car accident, the driver who caused the accident is responsible for paying for it. However, drivers rarely pay for accidents that they cause out of pocket – instead, they turn to their auto insurance liability policies to pay for damages.

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May 24 by Andy Gillin

If my child is injured, how do funds get handled?

When your minor child is injured due to the negligent actions of another, you may feel outraged, heartbroken, and extremely worried about what your child’s future may hold. Further, you may be thinking about filing a personal injury claim on your child’s behalf, but may have questions regarding what will happen to the money your child recovers based on the fact that they are a minor.

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May 24 by Andy Gillin

California Bus Injury Lawyer: What If You’re Injured On A Bus?

No one expects to get hurt on a bus when they climb aboard to get to work or to travel for vacation. However, bus accidents happen much more often than they should in California, and people get hurt. In many cases, the bus company can be held liable for injuries sustained in an accident. If you or someone you love got hurt in a bus accident, there are some important things you need to know about filing a claim. If you are injured on a bus, and it is a public bus–AC Transit, San Francisco Muni, anything like that–then the rules change a little bit. Number one, if it is the fault of the bus company then instead of having two years in which to file the lawsuit you only have six months within which to file a claim and then additional time to file a lawsuit. Secondly, if you are injured on a bus, then the bus is held to a much higher standard than if you were a passenger in a friend’s car. It’s called the Common Carrier Rule.

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May 24 by Andy Gillin

Are California personal injury settlements taxable?

Accident victims often wonder: Is my personal injury settlement taxable by the IRS or the state of California? This is very much an understandable concern; after all, everything in life is taxed right? Fortunately, ninety-nine percent of the time, your recovery from a personal injury case will not be taxable. Indeed, that is simply the way the law is set up. For the most part, your personal injury recovery is tax-free money that you receive. Even better, not only is it tax-free (which means that you don’t owe taxes) but, generally, you don’t even report your settlement to the IRS.

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May 24 by Andy Gillin

If I’m in an accident, does it affect my health insurance coverage?

Were you injured recently in a car crash or another accident in Northern California? You might be asking yourself: who will pay for my medical bills, and will using my health insurance cause my coverage to go up? Nobody who gets hurt in an accident resulting from another party’s negligence should have to pay for the costs of care.

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May 24 by Andy Gillin

Is lane splitting legal in California?

Many motorcyclists (and automobile) drivers ask whether or not lane splitting in California is legal. In our state, lane splitting is a highly contentious issue that is subject to many misperceptions. Unlike in the majority of U.S. states, lane splitting is legal in California and it has been for a long time. Still, lane splitting is highly misunderstood, by both drivers and bikers.

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May 24 by Andy Gillin

What if the person at fault has none or inadequate insurance?

When you are involved in an automobile accident in the state of California, whoever is at fault for the accident is responsible for paying for it. This means that if a distracted, drunk, or otherwise negligent driver crashes into you, you have the right to file a claim with that driver’s insurance company to recover compensation for your injuries. In fact, the state of California requires that every driver and vehicle owner have either insurance or “proof of financial responsibility” so that in the event they do cause a crash, they can pay for property damage and injuries sustained by others. Unfortunately, not everyone follows this law.

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May 24 by Andy Gillin

What should I do after I’ve been in an accident?

There are 5 important steps to take after an accident: Seek Medical Assistance, Exchange Contact and Insurance Information, Gather and Secure Evidence, Be Wary of Insurance Adjusters, and Contact a Qualified Attorney

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May 24 by Andy Gillin

What if there’s no police report for my accident?

Anytime that you are involved in a car accident, or any other serious accident type that necessitates emergency medical care, you should make sure that an accident report is filed with the police (in fact, in the event of a car accident, California law requires that you report the accident if anyone is injured or killed, or damages total more than $750).

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May 24 by Andy Gillin

How is loss of earnings calculated if I’m self employed?

How do courts calculate loss of earnings for self-employed plaintiffs in car accident and other personal injury cases? This can be actually a fairly complex issue. If you work for an employer, it’s pretty simple. If you’re out for two months your employer fills out a form that says what you would have earned, but if you’re self-employed and you have your own business then it gets a little tricky and the reason it gets tricky is because your earnings probably vary.

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May 01 by Andy Gillin

California Uber & Lyft Accident Lawyers

GJEL has recovered over $10 Million Dollars for our clients injured in ridesharing accidents. If you or someone you know has been seriously injured due to the negligence…

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Apr 26 by Andy Gillin

San Jose Alcohol Related Injuries Are Up

Compared to other population centers in California, the San Jose area appears to be doing well at limiting alcohol-involved injuries, according to the California Highway Patrol’s latest report on statewide traffic collisions. If alcohol-involved injuries were distributed evenly across the state, you’d expect Santa Clara County to have 787 of them. For 2013, the latest year on record, CHP reports 609 alcohol-involved injuries in the county.

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Apr 25 by Andy Gillin

San Jose bicycling is more dangerous than we thought

The latest annual report on motor vehicle collisions from the California Highway Patrol has a ton of information about what’s happening on California roads and highways, with extensive datasets on alcohol- and truck-involved collisions and more tightly focused summaries of collisions involving pedestrians, motorcycles, and bicycles.

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Mar 28 by Andy Gillin

Key collision factors in San Jose are getting worse

Last week, we looked at the number of motor vehicle injuries occurring in the San Jose area and concluded that traffic safety around GJEL’s San Jose office is getting worse. According to California’s latest traffic records, the number of collisions leading to injury increased each year from 2013 to 2015 and was trending up again through the first half of 2016. Full-year results for 2016 should be available in August.

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Mar 13 by Andy Gillin

Avoid these San Jose intersections on St. Patrick’s Day

Whether driving or riding in a passenger seat, there’s no way to guarantee your safety in a car, on any day of the year. But you can educate yourself about local traffic safety risks. If everybody knew when and where collisions occur, we would all have a better chance to stay out of harm’s way.

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Mar 07 by Andy Gillin

Introducing San Jose by the Numbers, a GJEL traffic safety series

Through nearly 40 years of representing accident victims and families, GJEL has shown that many injuries suffered on the roads are preventable. Our efforts to improve traffic safety extend far beyond the legal process. We sponsor organizations such as the California Bicycle Coalition to advocate for safe and viable transportation alternatives. When we learn about traffic safety risks, we encourage friends and neighbors to stay out of harm’s way.

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Dec 08 by Andy Gillin

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