Personal Injury Blog

Each year, the holiday season brings excitement about seeing family, eating delicious meals, and even opening a few presents. For some, the season marks a series of events complete with dinner parties and elaborate decorations. In addition to this seasonal mirth, families must consider safety issues related to driving long distances in rough conditions, the potential for shopping mall mishaps, and dangers associated with holiday decorations and lights. To help navigate those additional considerations, we’ve developed a list of some of the most common holiday-related injuries and some precautions families can take to avoid trips to the emergency room this winter.

When an accident occurs in California, whether an automobile accident or an accident such as a slip and fall on someone else’s property, the way that injuries are almost always paid for is through liability insurance. Because California is an at-fault state, the insurance company of the person whose negligence caused the accident and related injuries is responsible for paying for the injured party’s damages.

It seems hardly a day goes by without hearing something in the news about an accident caused by texting and driving, in California and throughout the US.

Bike share programs have exploded in cities like Oakland, Washington, D.C. and Boston, Los Angeles and San Francisco. The programs have been widely popular thus far, but to…

Victims can hold the person who injured them accountable for his or her negligence in court and receive money damages as compensation. But what happens if the victim…

Getting hit by a car while walking or riding your bicycle is an awful thought. So the image of a pack of cyclists being run over by a SUV is nothing short of terrifying. Last year, four cyclists were injured in San Francisco’s Mission District after a man in an SUV allegedly ran them down in what the San Francisco Chronicle calls a “six-minute rampage.” The driver, David Mark Clark, now faces four counts of attempted murder, and his attorney has unofficially said Clark will seek an insanity plea. Click through for five more important California bike accident lawsuits.

When you are grieving the accidental death of a family member, you may not immediately appreciate the full extent of how that person’s passing may affect your life….

Car accidents, for the most part, ARE avoidable. However, without fully understanding the cause of car accidents, it can be difficult for individuals to know what they can…

photo credit: 2420 via photopin (license) It is clear that the object of romantic interest in the Beatles’ song never anticipated a self-driving (“autonomous”) car; but as that…

It has been a big year for class action lawsuits. Most recently, thousands of Toyota drivers have sued the Japanese auto giant for injuries and loss of investment resulting from unintended acceleration, and victims of the BP Gulf oil spill disaster are lining up to take on the British oil conglomerate in court. Both of those budding class action battles pale in comparison to the legal storm about to engulf WalMart, which is being sued for gender discrimination by more than a million women in potentially the largest class action suit ever. To put this in perspective, we decided to round up a list of other massive class action titans over the past two decades.

When considering representation and suit over a client’s losses arising from the death of another in California you need to start by asking a few questions. Is your…

The film industry is loaded with movies throughout history that have a focus on lawyers and the drama that takes place in the courtroom. Some of the greatest…

The attorneys at GJEL recently hosted a scholarship program and asked incoming law students why they wanted to go to law school. As a part of this contest,…

Beginning January 2019, AC Transit increased Transbay fares by $1 to $5.50 for a one-way trip to San Francisco and by $36 to $198 for a monthly pass….

There are so many safety factors to consider when your teenager begins driving. When it comes to teen brain development, distracted driving, and graduated license laws, parents have a strong role in assuring that their children stay safe behind the wheel. Great safety strategies include educating your teen about the dangers of distracted driving, and creating a teen-parent safe driving contract that rewards safe driving behavior. But there’s one aspect for new teen drivers that parents have complete control over: what car (if any) they will drive.

Last week, we brought you some of the most absurd attempts of replicating judicial in the most unlikely courtroom dramas. Ranging from Chicago to Miracle on 34th Street, it was clear that film writers are comfortable fudging the facts and realities when it comes to telling a compelling story. Not surprisingly, the same is true for legal comedies… to an even more outlandish extent. But since comedies typically aren’t bound by realism or attention to detail, the freedoms taken in the films described below are perhaps more forgivable than those taken in courtroom dramas. Take a look at our list, ranging all the way from Legally Blonde to Ghostbusters II.

People who follow the news in the United States are not strangers to disturbing legal stories that often dominate the headlines. From the Casey Anthony trial that concluded last month, to the Scott Peterson verdict years before, and even the controversial O.J. Simpson murder case nearly 20 years ago, it’s often difficult to avoid the day’s most followed legal stories. But there are thousands of legal stories that go unnoticed each year by much of the general public, or are nearly forgotten years later. In the four following examples, documentary film makers have exposed and revitalized those stories to create powerful documentary films discussing a variety of troubling legal issues. We’ve compiled the trailers for the films Hot Coffee, Capturing the Friedmans, Deliver Us From Evil, and Dear Zachary: A Letter to a Son About His Father, along with short descriptions and reviews.

The average personal injury settlement is $52,900, according to Martindale-Nolo Research, but the settlement range is $3,000 to $75,000. Thirty percent of claimants receive nothing, while a good…

Under California law, registered domestic partners are “two adults who have chosen to share one another’s lives in an intimate and committed relationship.”‘ The California Domestic Partner Rights…

One common attribute of the “gig economy,” particularly associated today with “high tech” companies, is the retaining entity’s (The Company’s) frequent reliance on a worker placed by an employment agency

As dockless bike share startups expand across the Bay Area, a new mode of shared mobility has emerged: electric scooters.

Injured in an accident in Piedmont, California? Call GJEL Accident Attorneys today for a free case review. Attorney Andy Gillin is a Piedmont resident and has recovered over…

While LimeBike’s rapid expansion has brought thousands of bikes to dozens of cities across the U.S., not all dockless bike share operators have found success. Bluegogo, the first…

What comes to mind when you think of traffic laws? There are right-of-way rules that say who yields and who proceeds at traffic intersections and crosswalks. And speed…

In 2015, Oakland enacted a Pedestrian Signal Policy intended to fix its frustrating and nonsensical crosswalk signals, a hindrance to the City’s walkability. The City previously installed hundreds…

These 15 Driving Distractions Could Ruin Your Day. Wouldn’t it be nice to settle in to your morning commute in total relaxation, catching up with a friend in the passenger seat next to you, or with hundreds of friends all at once on social media?

While the Bay Area engages in a spirited debate over increasing bridge tolls, AC Transit is quietly moving forward with a big increase in Transbay fares. Despite substantial…

A great deal of litigation, in California and elsewhere has surrounded the issue of whether ride-service drivers should be construed as employees (or agents) of their “platform,” thereby rendering the platform or service vicariously liable for a driver’s negligently caused vehicular accidents.

The details of your state’s driving laws might not be a major influence on the events of your daily life, but if you or your teenager is getting a license, you want to make calls or text while behind the wheel, or your elderly parents are losing their motor skills, knowledge of the relevant regulations becomes essential. Looking at driver laws nationwide, the trend is moving toward stricter graduated license laws for teen drivers, and heightened regulations against distracted driving. Scroll over this interactive map to see the details of your state’s driving laws and how they compare to others.

Been in a situation where you need to exit a BART station shortly after entering it? If so, chances are you’ve been hit by BART’s Excursion Fare.

Just because DTX remains in limbo doesn’t mean that Caltrain’s 4th & King Station and the Transbay Transit Center should be disconnected indefinitely.

We’ll discuss California laws governing car rentals, the various insurance-like products that rental companies sell, and free or low-cost alternatives.

As car sharing becomes a viable alternative to car ownership in California, you might wonder if you can rent out your car to others. The law says you can.

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.

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.

Lines often extend across the entire platform adjacent to large swaths of empty spaces between doors, making entering and exiting the platform difficult.

It is hard to think of any public safety issue that has received more attention over the last few years than the use of smartphones while driving…

You don’t necessarily know what will happen if you get into a collision and need help from your insurance provider…

There’s no sugarcoating how brutal these cuts will be for weekend passengers traveling to work, a Giants’ game, or other events and activities.

Due to a lack of vision coupled with mismanaged implementation, the 51st and Broadway area has become even more of a mess today than it was before.

If you want to make an informed decision about auto insurance, it’s not enough to compare one or two sets of rate quotes. So many factors affect insurance rates.

The City of Bakersfield and Caltrans has continued down a failed 1950s path toward social, economic, and environmental ruin.

Oakland and Berkeley residents have an exciting new mobility option after the launch of GIG, a one-way car share service by AAA and Ridecell.

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.

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.

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.

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.

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.

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.

If the police report is against you, and you disagree, you should always feel free to give us a call. Having a Police Report Against You In An…

At some point during most of my cases I’ll have a conversation with my client and we’ll discuss the difference between mediations and arbitrations. What Are Mediations? Mediations…

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.

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.

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.

Probably once a month I get asked, “Is there a minimum personal injury settlement amount?” What is The Minimum Personal Injury Settlement Amount? With a personal injury case…

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.

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.

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.

All clients want to know: will there be an opportunity to settle their case short of a personal injury trial? The short answer is yes, there will be a number of them. But let me tell you what has to happen first.

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.

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.

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.

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.

Unfortunately, this happens way too often. In the case of a severe injury that permanently prevents you from returning to work, the first thing we do is try…

A very common question we get is whether or not you need money in advance to hire us, and with our firm, you do not ever need money…

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.

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.

One question that some people ask me just when they’re hiring me is, “Can you settle my case without my consent?” The answer to this question is simply…

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.

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.

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

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).

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.

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.

A common question we hear at GJEL Accident Attorneys is, “I don’t feel hurt after my car accident. Should I see a doctor?”. After an accident, your adrenaline…