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Recent Blog Posts

Negligent Infliction of Emotional Distress Lawsuits in California

 Posted on July 27, 2023 in Personal Injury

San Jose, CA personal injury lawyerEmotional distress is one of the common damages that personal injury victims will receive. However, you usually cannot file a lawsuit solely for emotional distress. In fact, most emotional distress cases are part of a larger physical injury someone suffers. But there are rare cases when someone may be able to file a lawsuit solely for emotional distress and if you contact Fuller Law Firm, we can tell you more about your case. 

Direct Impact Rule

The usual rule in California personal injury cases is that a victim needs to have suffered some direct physical damage to file an emotional distress claim. This is called the “direct victim” rule. However, there are times when a victim is uninjured physically, but they have suffered emotional distress because of the impact of a particular incident. For example, in a real case, a woman whose child was severely injured during a c-section delivery successfully sued her doctor for negligently inflicted emotional distress, despite the fact that she herself was not harmed. 

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Why You Need a Lawyer for a Slip and Fall Case

 Posted on July 12, 2023 in Personal Injury

San Jose, CA personal injury lawyerSlip and fall cases can be difficult to win. Insurance companies take a very cautious approach to these claims because they see so many of them. They will often be suspicious of your claim, even when you have evidence that backs up your story. Here are three reasons why you need a lawyer in your slip and fall case.

You Need Evidence to Prove Your Case

To win a slip and fall case, you must prove that the property owner was negligent. Negligence means that the property owner either created the dangerous conditions themselves, or they failed to take action within a reasonable amount of time after they knew or should have known of the danger. The insurance company is not going to take your word for it when you claim that their policyholder caused your injuries. You must have evidence that backs up your claim, whether it is physical evidence or witness testimony. The other party will likely have evidence to dispute your claim, and an attorney can help you cast doubt on this evidence. 

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What Does the “Reasonable Suspicion” Standard Mean in Criminal Cases?

 Posted on June 23, 2023 in Criminal Defense

San Jose, CA criminal defense attorney for illegal police stopsIn order to make an arrest or conduct a search, police need to have probable cause to believe that a crime has been committed. However, before an officer can stop someone and conduct a brief search of their person or the immediate area surrounding the suspect, they need to have a reasonable suspicion that the person has committed a crime. The latter is a lower standard than the former. If you have been arrested based on this type of search, a criminal law attorney can review the circumstances of your case to help you determine whether the police had the legal right to stop and search you.

“Reasonable Suspicion” Is a Judge-Made Doctrine

You will not find any mention of the term “reasonable suspicion” in the United States Constitution. Like many aspects of criminal law (such as the “Miranda” warning that informs a person of their right to remain silent and their right to be represented by an attorney), reasonable suspicion finds its origin in a United States Supreme Court decision. In the case of Terry v. Ohio, the Supreme Court held that police could briefly detain a defendant and conduct a limited search if they had a reasonable suspicion of a crime. The Supreme Court said that this standard is “more than a hunch.” Based on this ruling, police routinely conduct “Terry stops,” which are also known as “stop and frisk.”

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How to Take Legal Action After a Dog Bites Your Child 

 Posted on June 05, 2023 in Personal Injury

palo alto dog bite lawyerSadly, more than 50% of dog bite victims are children. They also tend to suffer the most serious injuries since dogs can attack them on their head, face, and neck. If your child has been injured in a dog attack, consider contacting a personal injury attorney for help. Your lawyer can help you file a dog bite injury claim against the dog’s owner to hold them responsible for your child’s injuries. You may be able to receive compensation for your child’s medical bills, pain and suffering, and other damages. 

Dogs can get very anxious. Oftentimes, it is their anxiety that causes them to bite. Small children may make sudden and unpredictable movements that can frighten a dog. Even if the child is not the cause of the dog’s anxiety, they may be the one who is around and on the dog’s level when the animal bites out of distress.

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How a Criminal Record Can Impact Your Future

 Posted on May 25, 2023 in Criminal Defense

san jose criminal defense lawyerHaving a criminal record can have far-reaching consequences that can seriously impact various aspects of a person's life. Whether the offense is minor or major, the repercussions can be significant and long-lasting. If you have been arrested and charged with a crime, it is important to both your freedom and your future to have a skilled criminal defense attorney advocating for you and ensuring your rights are protected. The following are some ways a criminal record can interfere with your future.

Employment

A criminal record can severely limit employment opportunities. Many employers conduct background checks, and having a criminal record can be a red flag that raises concerns about an individual's trustworthiness, reliability, and suitability for certain positions. This can result in difficulty in finding gainful employment and could lead to financial instability.

Housing

Having a criminal record can also affect housing prospects. Many landlords now conduct background checks on prospective tenants, and having a criminal record can make it challenging to secure a rental property. This can lead to housing discrimination and limited housing options, potentially forcing individuals with a criminal background into unstable or undesirable living situations.

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Consequences of California  Motorcycle Accidents

 Posted on May 08, 2023 in Car Accident

palo alto motorcycle crash lawyerMay is Motorcycle Safety Awareness Month. Each year, all motorists – both motorcyclists and other vehicle drivers – are reminded how critical safe driving and safe riding practices are in preventing motorcycle injuries and fatalities. Unfortunately, the number of people injured and killed in motorcycle crashes continues to increase each year.

Due to the lack of protection for those who ride motorcycles, people who are in motorcycle accidents often suffer serious to severe injuries. Those who are injured are entitled to pursue legal action against the party responsible for the accident and the resulting injuries.

Head Injuries

Head and brain injuries are a significant concern for motorcycle riders. In the event of a crash, riders are at risk of hitting their head on the pavement or another object. Riders should always wear a DOT-approved helmet. However, even if a rider is wearing a helmet, they can still suffer from a concussion or other head injury. These injuries can be particularly dangerous, as they can lead to long-term damage and even death.

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Could You Qualify for a Diversion Program for Your California Drug Charges?

 Posted on April 25, 2023 in Criminal Defense

san jose drug crime defense lawyerOver the past decade or so, there has been a significant change in how the criminal justice system handles those defendants who are charged with low-level drug crimes. Whereas defendants would often face jail time for these offenses, prosecutors and judges now look at those who commit these crimes with less of a punitive stance and instead focus on sentencing that focuses on substance abuse treatment.

These drug diversion programs are a vital component of the state's efforts to reduce drug-related crimes and provide treatment to individuals struggling with addiction, with the goal of helping the individual overcome their addiction so they will not find themselves dealing with drug-related offenses in the future. The following are the three types of programs that the California courts provide.

Pretrial Diverson Program

Pretrial diversion programs are those offered to defendants who have been charged with a drug-related offense but have not yet gone to trial or been convicted. The goal of this program is to provide participants with access to treatment and support services that can help them overcome addiction and avoid further arrests and convictions.

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Consequences of California Motorcycle Accidents

 Posted on April 10, 2023 in Personal Injury

santa clara motorcycle accident lawyerThe state of California has some of the best areas for motorcycle riding in the country, including the Angeles Crest Highway, Joshua Tree National Park, and the Pacific Coast Highway One. It is estimated that more than 800,000 people own motorcycles in the state of California. Motorcyclist enthusiasts come from all walks of life – young, old, male, female, white-collar workers, blue-collar workers, etc. Unfortunately, as popular as riding is, it is also one of the most dangerous forms of transportation. Many people who are involved in motorcycle accidents suffer catastrophic injuries and fatalities are high.

Most Common Types of Motorcycle Accidents

There are a number of factors that contribute to a crash, such as driver negligence or recklessness, defective motorcycle part, and weather and road conditions. These factors can lead to:

  • Intersection accidents – One of the most common locations for motorcycle accidents are intersections, and many of these crashes are caused by vehicle drivers attempting to take a left-hand turn, cutting in front of the motorcycle that is traveling in the other direction and has the right of way.

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Is Shoplifting a Serious Crime in California?

 Posted on March 24, 2023 in Criminal Defense

santa clara county criminal defense lawyerMany people are under the impression that shoplifting is a minor crime that young teens engage in as a dare from friends. Still, the legal reality is that in California, shoplifting is looked at as a serious crime. In fact, a conviction can result in jail time for the accused, depending on the circumstances of the allegations and if they have a prior criminal history. The following is a brief overview of the crime. For more detailed information if you have been arrested, contact Fuller Law Firm for legal assistance.

Shoplifting Statistics

Data provided by the National Association for Shoplifting Prevention (NASP) reveal just how prevalent shoplifting actually is:

  • There are approximately 27 million people in the United States who shoplift. This comes out to 1 out of every 11 people. Approximately 75 percent of these shoplifters are adults.

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San Jose: One of the Most Dangerous Places for Cyclists in Silicon Valley

 Posted on March 10, 2023 in Personal Injury

san jose bicycle accident lawyerWhile San Jose has a reputation for having some of the best areas for cycling – including the Hicks Road Loop, Coyote Creek Trail Loop, and the Guadalupe River Trail – it also has the reputation of being one of the worst areas when it comes to bike accidents.

San Jose Bike Accident Stats

According to statewide data, between 2011 through 2021, there were 2,803 bike accidents in San Jose. There were 38 people killed in these accidents and more than 2,700 people suffered injuries. San Jose had the most number of bike accidents out of all cities in the Silicon Valley area during that time frame.

Bike accident statistics during this 10-year period also revealed that the second most dangerous areas in Silicon Valley are downtown San Jose and in the area around San Jose University. This area had just under 100 bike accidents, resulting in one death and 92 people injured.

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