Nov 22 by Andy Gillin

The Most Common Holiday Injuries

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.

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Nov 19 by Andy Gillin

California Auto Insurance Requirements

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.

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Nov 18 by Andy Gillin

The Dangers of Texting and Driving

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.

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Nov 16 by Andy Gillin

Top 5 Bikeshare Myths

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…

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Sep 12 by Andy Gillin

How Does a Wrongful Death Lawsuit Work?

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…

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Apr 04 by Andy Gillin

The Largest Class Action Lawsuits & Settlements

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.

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Apr 01 by Andy Gillin

The Top 20 Best TV Lawyers

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…

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Jan 18 by Andy Gillin

Reasons to Go To Law School

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,…

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Oct 30 by Andy Gillin

Safest Cars for Teenage Drivers

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.

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Oct 10 by Andy Gillin

Most Unlikely Courtroom Comedies

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.

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Jun 20 by Andy Gillin

Top 10 Powerful Legal Documentary Films

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.

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Jun 20 by Andy Gillin

10 Biggest Personal Injury Settlements Ever

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…

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Mar 08 by Andy Gillin

Piedmont Personal Injury Lawyer

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…

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Jan 24 by Andy Gillin

The Top Causes of Distracted Driving

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?

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Jan 05 by Andy Gillin

State Driving Laws Across The Nation

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.

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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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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

Can Medicare take my entire personal injury recovery?

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

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

The Most Dangerous & Deadliest Roads In San Jose

Searching for the most dangerous roads in San Jose isn’t easy. You can focus on roads with the highest numbers of collisions and wind up overlooking the roads where the most serious injuries have occurred. Or you could just as easily do the opposite.

Any way you slice it, the danger on San Jose streets is alarming.

Highway 17, connecting San Jose and Santa Cruz, has among the highest number of collisions.

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