Law Offices of Philip M. Tobin

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Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys

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Today: 9:00 am - 5:00 pm

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49 Years

in Business

(408) 298-5200Visit WebsiteMap & Directions152 N 3rd St Ste 800San Jose, CA 95112 Write a Review

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Mon - Fri:	9:00 am - 5:00 pm

Law Offices of Philip M. Tobin

DUI/DWI
Ridesharing services like Uber and Lyft have revolutionized the way we all travel, especially in metropolitan areas like Atlanta. You download an app and have instant access to a fast, inexpensive, and convenient way to bypass public transportation or traditional taxi cab services. Many people use ridesharing platforms to avoid the risks of driving under the influence when celebrating or enjoying a night on the town. Though Uber and Lyft are undoubtedly safer than drunk driving, accidents do still happen. And when they do, you need the experienced legal counsel of a Georgia Uber & Lyft Accident Attorney.

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Extra Phones

Fax: (408) 995-0531

TollFree: (877) 220-4230

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amex, cash, check, discover, master card, visa

Location

St James Park Bldg

Neighborhoods

Central San Jose, Downtown San Jose

AKA

Tobin, Philip M, ATY

Tobin Philip M

Other Links

http://www.pmtobinlaw.com

http://www.pmtobinlaw.com/PMTContact.html

Categories

Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Landlord & Tenant Attorneys, Legal Service Plans, Personal Injury Law Attorneys, Professional Liability & Negligence Law Attorneys, Traffic Law Attorneys, Wrongful Death Attorneys

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Details

Phone: (408) 298-5200

Address: 152 N 3rd St Ste 800, San Jose, CA 95112

Website: http://www.pmtobinlaw.com

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Law Offices of Philip M. Tobin

DUI/DWI
Ridesharing services like Uber and Lyft have revolutionized the way we all travel, especially in metropolitan areas like Atlanta. You download an app and have instant access to a fast, inexpensive, and convenient way to bypass public transportation or traditional taxi cab services. Many people use ridesharing platforms to avoid the risks of driving under the influence when celebrating or enjoying a night on the town. Though Uber and Lyft are undoubtedly safer than drunk driving, accidents do still happen. And when they do, you need the experienced legal counsel of a Georgia Uber & Lyft Accident Attorney.
Wrongful Death
Under Georgia’s Wrongful Death Act, if a person is killed by the wrongful act of another person or business, then the surviving family has the legal right to pursue a wrongful death claim. The family of the person who died can bring a claim for “the full value of the life of the decedent.”
Traffic Violations
Answer: That depends. If you had yielded to traffic and the driver who hit you was speeding, or texting and should have seen you, then you might be able to claim damages. However, a jury might determine that you were at fault as well, but so long as your own percentage of responsibility is less than 50%, then you can collect compensation. Your verdict will be reduced by the percentage of your own fault.
Sex Crimes
Sexual assaults, punching, and burning are examples of physical abuse, but patient neglect also has serious physical consequences for residents of nursing homes and other senior care facilities. Allowing a resident to sit in the same position all day can cause pressure ulcers and dangerous blood clots. In addition, a blood clot can be the cause of fainting spells, according to WebMD.
Robbery
To allege a claim of negligent security, the owner would need to have had notice of prior, substantial criminal activity on the premises or within the surrounding area. For instance, if several robberies had taken place in the nightclub parking lot, apartment building, or complex, or on an adjacent property over the past couple of months, then the owner has been given notice of the danger of future incidents occurring. He has a duty to exercise ordinary care to prevent harm by implementing security measures such as hiring security guards in the area and installing fencing, surveillance cameras, and increased lighting. If another robbery occurs before the owner takes steps to secure against it and someone was injured, the property owners will likely be held liable for damages.
Misdemeanors
Must not have been convicted of a felony, or a crime of “moral turpitude” or a pattern of misdemeanors that evidence of a “pattern of disregard” for the law
Assault
Murder
Both ridesharing platforms perform background checks on drivers before the approval process, but how thorough the background checks are is a matter of debate. Serious offenses, such as murder, sexual assault, registered sex offenders, are automatically disqualified. There is vague language about “other felonies” that can also disqualify you from driving for Uber or Lyft.
Hit and Run
Answer: Your compensation includes your medical expenses, future medical care and costs, lost income and loss of future earning capacity, disfigurements like scarring, pain and suffering, and emotional distress. In some cases, you can collect punitive damages if the defendant’s conduct was malicious, wanton, fraudulent, or exhibited a reckless indifference to your safety. Punitive damages are more commonly pursued in cases of drunk driving and hit-and-run accidents.

Premises Liability
Negligent security is a major area of premises liability claims and an area of the law that our firm has carved a niche handling. When you are in a restaurant, bar, nightclub, music venue, or even a guest visiting a friend in an apartment building or complex, you expect to be secure and safe from any criminal activity. But when the owner of the property is aware of dangers or risks that could reasonably and foreseeably pose a threat to patrons and fails to take steps to remove, protect or warn of the danger, then the owner could be held responsible for any injuries that someone receives due to criminal activity.
Landlord-Tenant Disputes
February 2021: a young single mother asked us to help her with a complicated landlord-tenant dispute. While landlord-tenant law is not something we typically handle, we wanted to help this lady who did not have the financial resources to hire a lawyer. We researched the law, conferred with colleagues, and negotiated a settlement with the apartment complex that allowed this woman to move into a new larger apartment in a different (and more upscale) complex for 1/2 the rent. There she will be able to raise her baby in a healthier, safer, and better environment.
Property Damage
Answer: You may claim damages for your economic losses and your noneconomic losses. Some people call these damages “special damages” and “general damages.” Economic losses aka special damages include past and future medical expenses, past and future lost income, and property damage. Non-economic damages aka general damages include compensation for pain and suffering, headaches, mental anguish, scarring, and emotional distress. In some cases, you may pursue a third type of damages called “punitive damages.” Punitive damages are only in egregious cases where the at-fault driver’s conduct was really bad like choosing to drive drunk or if the driver has a history of routinely texting and driving.

Personal Injury
As Atlanta personal injury attorneys, we get to help people. Our job is to help individuals who are going through a tough time. This scholarship is aimed at helping a student pay for his or her education so that one day that student has the knowledge to help someone else who is going through a tough time. With that hope in mind, we are we pleased to offer our
Auto Accidents
Dog Bites
Dog bites or attacks can occur in a residence, dog park, or on the street while the dog is being walked or was off-leash. Unless the dog had previously tried biting someone or had displayed vicious or threatening behavior, a first bite will generally be excused. Also, a victim cannot have provoked the animal before it attacked him. However, if the dog was off-leash or unrestrained in violation of a city, county, or other government ordinance, this may be sufficient to at least allow the claim to go to trial as this by itself constitutes proof of the animal’s vicious propensity.
Slip and Fall Injury
Two other common types of premises liability claims include slip and fall injuries and dog bites or attacks.

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