Personal Injury Overview
Personal Injury Representation
Personal Injury Representation in San Jose, San Francisco, San Mateo, CA
An injury can effect your life in more ways that just financially. Beyond the pain and annoyance of the injury itself, these cases can have debilitating effects on employment, hobbies, long term goals, or life at home.
Insurance companies are generally the opposing party in these cases, and are trained to deny fault for the injury or minimize the effect that the damages. That’s their job—and that’s okay. But as an injured party you need to protect yourself and your family from being taken advantage of and make sure that you are being made whole by the party responsible for the injury.
We understand that being injured is difficult enough as it is. Dealing with insurance agents, doctors, medical bills, loss of work, and so many other things can be daunting. Brendan Barrett has represented injured parties ranging from car accident victims to catastrophic workplace injuries, in doing so he has empowered his clients to focus on their personal health and their family’s needs while he fights the case in the trenches. Personal injury cases take a significant amount of time, so it’s important to find someone that you trust has your best interest at heart and who has a good grasp on the strategies to maximize your recovery.
We often see people who choose to represent themselves in court, believing that the evidence is plain and that they don’t need a personal injury attorney to help. However, there is so much more to a personal injury claim than one might imagine. A thorough understanding of the law, how the court works, and the holes that the defense will try to punch into your case are all necessary in order to provide a solid stance that will hold up against the responsible parties.
Brendan Barrett has spent years learning the ins and outs of California law to make sure that the process is as simple and painless as it can be for his client.
If you have been injured, your main priority should be on getting the treatment you need. Once you find yourself in a position to talk to an expert, give us a call to see whether we can help with the fallout. Brendan Barrett is easy to get a hold of and will give you an honest breakdown of your case. Call or email today if you have any questions.
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Featured Content
The Lifecycle of a Criminal Case
Criminal Defense Overview
A California criminal case does not move in one straight line. Cases begin with an investigation or arrest, but many never reach trial. Some are rejected before filing. Some resolve at arraignment. Some felony cases are narrowed or dismissed at the preliminary hearing. Others proceed all the way through jury trial.
Still, there is a classic path. If you understand that path, it becomes much easier to understand what is happening in your own case and why timing, charging decisions, and defense strategy matter so much for the fate of a case.
This page is my attempt to illustrate the usual lifecycle of a California criminal case from arrest through jury trial and to highlight the major differences between misdemeanor and felony procedure.
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What Is an Arraignment in California?
An arraignment is the first formal court appearance after criminal charges are filed. It is the stage where:
- Charges are formally read or acknowledged
- The defendant enters a plea (usually “not guilty”; this is not necessarily done in every case)
- Bail is addressed
- Protective orders may be issued
- Future court dates are set
What Is a Preliminary Hearing in California?
If you are charged with a felony in California, one of the major events in the case is the preliminary hearing (aka “The Prelim”). This hearing is not the trial. No jury decides guilt or innocence there. Instead, a live-testimony hearing is held and the judge decides whether the prosecution has shown enough evidence to keep the case moving forward and justify a jury trial.
A preliminary hearing can matter a great deal. It can expose weaknesses in the case, lock witnesses into testimony, narrow issues, support later motions, and sometimes result in charges being dismissed or reduced. It can also be a tactical trap if the defense gives away too much too early.
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What Is a Jury Trial in California?
A jury trial is the stage of a criminal case where the prosecution must finally prove its case beyond a reasonable doubt to a group of citizens. It is the highest burden in the legal system—and the one that actually decides guilt or innocence.
Everything that comes before it—arrest, charging, arraignment, pretrial motions, and even the preliminary hearing—is about whether the case can proceed to this stage. The jury trial is where the case is won or lost.
If you are facing criminal charges in California, understanding how a jury trial actually works—and how it is different from everything leading up to it is critical.
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California Gun & Firearm Laws: The Big Picture (and the Charges People Actually Get Filed With)
California treats firearm cases as high-stakes, high-leverage prosecutions. Even when there’s no allegation the gun was fired, prosecutors routinely file gun charges to (1) increase exposure, (2) trigger custody, and (3) force unfavorable plea pressure. The statutes are also technical—people get charged for paperwork, configuration, location, or status issues, not just “having a gun.”
This page lays out how California gun laws work at a practical level, what’s most commonly charged, and what those charges typically turn on.
(Note: The Supreme Court of the United States has recently submitted new opinions on the validity of certain gun laws; at least two of those opinions affect California laws and are being evaluated and are currently being reviewed under appeal)
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HIPAA Waivers: What They Are and Why Your Attorney May Need One
If you’re involved in a criminal case and I ask you to sign a HIPAA waiver, that request is not routine paperwork. It serves a specific legal purpose, and it should be handled deliberately.
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