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San Jose CA personal injury attorney pain and suffering damagesUntil you have been injured in an accident where you are not at fault, you likely do not have a thorough understanding of how important pain and suffering compensation can be. Pain and suffering is one of the types of damages in personal injury cases that is critical to making victims whole again.

Pain and Suffering Damages

Due to the subjective nature of pain and suffering, some people wonder how awards of this type can be fairly or consistently determined. Many other types of damages a victim may be awarded can be easily calculated; for example, you can present a court with medical bills or car repair invoices. Pain and suffering, on the other hand, has no such price tag set by someone else. That is why it is considered to be a type of “non-economic” damages. However, there are methodologies commonly employed to determine pain and suffering damage awards.

Sometimes, the calculation of pain and suffering will be based on medical bills. The amount of a victim’s medical bills will be multiplied by a certain number to arrive at the pain and suffering award. Typically, that multiplier is between two and five, depending on the severity of the injury.

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San Jose personal injury attorney medical documentationProspective clients and those our firm represents often want to know what they can do to help their personal injury case. Injured victims often have significant losses that cause financial difficulty, and they need to know how they can receive compensation as soon as possible.

As a full service personal injury law firm with years of trial experience, we know what a successful case looks like and what it takes to win. Our firm understands that being thorough and organized are two components of success. If our clients are likewise organized, we can better evaluate a case and provide the most effective legal representation. 

Here are several types of documents to gather in advance of meeting with a personal injury lawyer:

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California drunk driving accident lawyerEvery year, thousands of Americans are killed in motor vehicle collisions. In an alarming number of these incidents, the fatalities are caused by reckless driving. While speeding and aggressive driving are common dangerous driving behaviors, the form of reckless driving that has the most impact is driving while under the influence of alcohol or drugs.

Here in the state of California, drunk driving has become alarmingly common, and thousands of people are seriously injured or killed in drunk driving accidents each year. According to the California Office of Traffic Safety, 3,623 Californians died in motor vehicle collisions throughout 2016 alone. Just under 30% of all traffic fatalities throughout California in 2016 involved drivers with a blood alcohol content (BAC) of 0.08 or higher. In all, 1,059 Californians were killed in 2016 due to the negligent actions of drunk drivers. If you or a loved one are injured due to the recklessness of a drunk driver, you should be sure to understand your options for pursuing compensation.

Drunk Driving in California 

Despite the admirable efforts of law enforcement officials to end the practice within the state of California, drunk driving is seemingly on the rise. In 2016, Californians witnessed a 16% increase in annual drunk driving fatalities. Even more concerning is the fact that drunk driving disproportionately impacts young drivers. Studies conducted by the California Office of Traffic Safety found that drunk driving is the leading cause of death among Californians aged 15 to 24. 

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San Jose bicycle accident lawyer fall winter weatherIn recent years, San Jose has been recognized as California’s most bike-friendly city, and people throughout the area enjoy cycling for pleasure or as part of their daily commute. While many cyclists hang up their wheels at the onset of fall and winter, others continue to ride their bicycles throughout the year. Cycling is more daunting in cold weather than it is in the warm summer sunshine, and cyclists will want to take extra steps to protect themselves as they enjoy their favorite pastime year-round. These safety tips can help you prevent a bicycle accident in the fall and winter seasons:

Wear Proper Clothing

The correct weather gear will allow a cyclist to maintain mobility while also preventing cold temperatures from seeping in. Although a new cycling wardrobe may seem like an unnecessary expense, the right gear will provide safety and comfort for many years. Consider these clothing tips:

  • Wear multiple layers to provide warmth when necessary, while allowing you to remove clothing once your internal temperature ramps up. 
  • Fleeces and waterproof clothes can cause you to sweat even in cold weather. When sweat accumulates, you will feel wet, cold, and clammy. Cycle-specific clothing will help you stay moisture-free.
  • Do not forget your gloves. Your hands are vital to your safety when bicycle riding. Opt for good quality, wind-proof gloves and overshoes to keep these sensitive areas warm.
  • Protect your eyes from road spray and grit by wearing clear or lightly tinted glasses.

Prepare for Tire Problems

The fall and winter seasons are prime time for tire punctures. Carry multiple tubes with you, as well as a tire pump. Many riders opt for a CO2 cartridge, but these can freeze in cold temperatures.

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San Jose, CA car accident injury lawyer PTSDMore than three million injuries occur each year in the United States as a result of motor vehicle accidents. In fact, this is one of the most common traumas Americans experience. From physical injuries such as broken bones to emotional concerns, car accidents make a significant impact on the lives of everyone involved. New research indicates that the effects are further reaching than we ever anticipated. Recent studies show that victims of vehicular accidents have a high risk of developing accident-related Post Traumatic Stress Disorder (PTSD).

An Explanation of Post Traumatic Stress Disorder

During an accident, or any other frightening event, our bodies naturally have a fight-or-flight response to the situation. This acute stress response is what creates sweaty palms, a racing heart, and an increased respiratory rate. The “shaking” feeling that comes after a car accident is also associated with your fight-or-flight stress response. 

Everyone experiences and recovers from each situation differently. Although the reaction may continue for days and weeks following an accident, eventually the stress usually subsides, and you return to your normal state of being. However, people who suffer from PTSD experience the same reactions as someone who is stressed, threatened, or otherwise frightened, even when there is no danger.

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Corsiglia McMahon & Allard, L.L.P.

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San Jose, CA 95112

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