Workers Comp
Personal Injury Cases – Workers Comp
Workers Comp Attorney In San Jose, CA
Were you injured in the workplace? The first thing that you must determine is whether you need to file a personal injury claim or a workers’ compensation case. A personal injury claim is based off of fault (i.e. slipping and falling) while a workers’ comp case requires employer negligence.
Typically the sole compensation that you’ll be granted for a worker’s comp case will be through your employer’s workers’ compensation insurance. However, there are quite a few exclusions in which you can sue for injuries brought about by your injuries, including but not limited to the following:
- If your employer doesn’t carry workers’ compensation insurance
- A third party causes the injury
- You were injured by a toxic substance or defective product
- You were injured due to an employer’s egregious or intentional conduct
Workers’ comp does offer money and funds for an injured employee. Most of the time these disability payments are low and don’t cover certain aspects of the injury such as emotional trauma. Workers’ compensation also doesn’t cover punitive damages to punish an employer for inadequate safety controls or hazardous working conditions. As such, it’s important for you to understand your rights so that if needed, you can hire a workers’ comp attorney in San Jose and bring a case outside of the workers’ comp system.
If you’ve suffered an injury in the workplace, contact a reputable workers’ comp attorney in San Jose, San Francisco, or San Mateo. An experienced lawyer will help you determine whether you can sue for damages caused by your injury and if so, will assist you in navigating the complex legal system. To learn more about Brendan Barrett’s legal services, contact us today!
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HIPAA Waivers: What They Are and Why Your Attorney May Need One
HIPAA refers to the Health Insurance Portability and Accountability Act (HIPPA), a federal law that protects the privacy of our medical and mental-health records. A HIPAA waiver (or authorization) is a written document that allows specified medical providers to release health information to certain people (in my case–to your attorney).
Without a valid HIPAA authorization:
- Doctors, hospitals, therapists, and treatment programs generally cannot release records
- Even records that may be critical to your defense remain legally sealed
In short: HIPAA blocks access unless you open the door. more
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:
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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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