Monday, February 23, 2015

Personal Injury Attorney’s Roles in Wrongful Death Cases

personal injury law

None of us would want any of our loved ones to die just because of a person or an entity’s negligence or misconduct. As much as how we want to end this society’s issue, the reality is, no one has the ability to. In fact, over past decades, the U.S. Department of Justice (DOJ) has reported a statistics of ninety percent (90%) wrongful death in lawsuits which comprises medical malpractice cases alone. Even if most at-fault individuals or entities tend to offer an out-of-court settlement to the victim’s families, many of them –legal heirs or next of kin – would have this urgency of filing a complaint to gain the most rightful reimbursement that justifies all damages including a sudden loss of financial security and more.

Common list of settlement inclusions which are possible to recover from a defendant are the following: expenses for funeral service, loss of benefits and similar matters, loss of consortium, cost of property damage – if applicable –, loss of future earnings based on the deceased’s life expectancy and more. Meanwhile, an estimation of future earnings of the victim usually requires for a testimony from an expert witness.

If you are one of the many wrongful death claimants in California, there’s a big chance that you might be suffering from an immense emotional distress causing for you to have a helter-skelter response particularly when accomplishing all apt elements in bringing a lawsuit. Luckily, hiring a Los Angeles wrongful death attorney can ease it all and assure the fairest amount of settlement your case deserve. Here’s how:

  • By contacting a trustworthy legal advocate who handles such cases, your asserting lawsuit may be analyzed in every possible angle to determine if it’s really a viable one. A significant action certifying your expenses and efforts’ worth since it decides the civil court’s potential in favoring your claim.
  • He or she knows and will inform you, for sure, regarding statute of limitations or standard deadlines governed by law when filing a case. So, therefore, your attorney will also make sure that you are not exceeding any allotted time duration's for relevant documents’ filing. This varies depending on your case’s nature.
  • Also, a legal advocate who is an expert for wrongful death lawsuits and is fully equipped about all regulations relevant to your case such as the tort law, insurance law, probate law, contract law and more. Evidently, you need a support for these presences to guarantee that you will not be unfairly treated during the process of asserting your rights.
  • Your excellent lawyer will exert a lot of his or her efforts and best tactics to preserve your gathered solid evidences as well as statements from witnesses or testimonies which you might loss unintentionally because of the negative effects brought to you by the ordeal you are in.
  • Proving that your defendant is responsible for the wrongful death of your kin is the ultimate task that a legal advocate can effectively defeat. Given that your hired attorney has already proved his or her expertise for years of handling such case, he or she surely knows every twists and turns of this legal matter.
  • A legal advocate will assists you in a topmost form, as kin of the deceased, to finally submit your strong lawsuit in civil court and perform an outstanding as well as a convincing representation to secure the success is vital for gaining a sensible reimbursement claim.

With all of these advancements, you are now able to see the broad capabilities of a wrongful death lawyer in Los Angeles to aid your pains and sufferings including related losses in all extents with the protection supported by the California wrongful death laws. Evidently, such legal advocate can also assist you and calm your situation by demystifying or explaining to you in clearest and most comprehensible way your entire legal dealings. Another thing is that, he or she also holds a responsibility for ensuring that your declared lawsuit is progressing – this benefits you a peace of mind.

Even if you are most likely overwhelmed by your situation, you should consider giving yourself and your family who similarly suffers from similar emotional challenges and other related distresses as a result to recover in aspects of health. There are therapies and counseling suitable for your problems is your advantages while waiting for your legal battle to end. With a Los Angeles attorney for personal injury cases like a wrongful death claim, you can find time for slowly get back from your original life routine and a winning settlement will confidently complete such positive goal.

Sunday, February 8, 2015

Elements of Employment Discrimination Lawsuit

workplace discrimination

When filing a lawsuit, it is implicit that you are aiming for a reimbursement. That you would like to get compensated by the defendant’s party you are suing for all pains and sufferings including monetary damages such as lost wages and medical expenses you had acquired. For such matter, hiring a first-rate lawyer with compatible specialty equally sufficient to your case’s needs should be your initial achievement. This is to secure the utmost composition featuring merely solid evidences to emphasize that your lawsuit has a legal basis.

The employment sector of California does not embrace any exemption with regards to unlawful discrimination deeds. Plenty employees from different workplaces are pursuing various lawsuits not just against their employers but also to their colleagues, other entities connected to the company they are working and even to other people given that the committed illegal action was done inside the parameter of their work locations.

So, whether you are about to bring up an age, race, national origin, gender or whatever kind of employment discrimination, harassment or retaliation case in Los Angeles particularly against your unjust employer, below are some basics that you and your trusted legal advocate would be accomplishing so to create a potentially winning claim. A proof that:

  • Your defendant is truly classified as an employer. This element can confuse you. Although, there are some ways on how you can effectively gain credible evidences that your defendant is an employer of the institution where you had experienced unlawful deeds. Easiest thing you can do is to present some pertinent copies of documents such as your employment contract (if you had been employed) or some proofs of conversations made during the hiring process (if you had been an applicant).
  • You are or you had been his or her employee or an applicant. Next is, of course, to include pertinent documents indicating your employment engagements. This part goes on same point with the aforesaid things above. While you are including your employment contract – if you had been your defendant’s employee – it is a must to secure that this paper encompass signatures of both parties. If you had been an applicant, then same tactic should be considered.
  • The employer took a negative or unlawful action against you. This vital element is the core of your concern. You can successfully confirm your defendant’s liability to your pains and sufferings as well as your monetary losses by means of statements from witnesses of your case. Your colleagues and other entities present during that certain dismaying time at work can help you very well.
  • The negative actions were “substantially motivated” by your protected characteristics. Another essential element you should prove is the accountability of negative or unlawful actions to your pains, sufferings and all. This is known as the “causes of action”. Statements from witnesses and also affirming a comparison with another colleague – who’s in the same level or position as to your last job – with regards to your defendant’s past treatments is good. Meanwhile, if you had been a discriminated applicant, you should accomplish same things however it might be a bit harder for you to do so since you got no built connections with these entities yet.
  • The above mentioned unlawful actions had inflicted harms to you as a result. Last thing is for you to prove that your employer’s committed unreasonable treatment towards you were really hazardous and had caused your damages as a result. If your case’s nature necessitates, a medical report prepared by the medical professional who treated you is one best thing against your defendant. Same strategy goes if you had been a hurt applicant.

Upon achieving these essential elements for your employment discrimination lawsuit in Los Angeles, your legal advocate can now compute and provide defending reasons for the total reimbursement you are about to assert. California workplace-related lawsuits are facilitated by the Department of Fair Employment and Housing (DFEH) as a state law enforcement agency and by the U.S. Equal Employment Opportunity Commission (EEOC) as a federal law enforcement agency. In addition, you, as a claimant, can file for a private lawsuit as well.

With the prevailing federal and state laws such as Title VII of the Civil Rights Act of 1964 and Fair Employment and Housing Act (FEHA), your Los Angeles employment discrimination claim can possibly be compensated well evidently by securing a reputable California labor and employment attorney.

Friday, January 30, 2015

Tips for Winning Your Pedestrian Accident Case in California

pedestrian accident claims
Filling pedestrian accident claims

As the most popular type of road mishaps involving people who prefer to walk in certain designated pathways for some valuable reasons, pedestrian accidents are suffered by a large number of victims each year. As a matter of fact, a statistic of 4,743 fatalities and another 76,000 injuries are recorded by the National Highway Traffic Safety Administration pertaining to pedestrians in the US covering year 2012 alone. This commonly causes – aside from a wrongful death occurrence – serious damages such as brain traumatic injuries, bone fractures including pelvic and spinal tribulations while both parties’ negligence act and misconduct are found as triggering factors for such.

Meanwhile, if you had suffered injuries from a pedestrian accident in Los Angeles because of an at-fault car driver and you are not satisfied for the settlement offer’s enclosures presented to you during an out-of-court negotiation with the liable party, then you should not hesitate hiring a notable personal injury attorney in California. You and your chosen legal advocate may follow these proven effective approaches to win:

  • Given that you don’t share any negligence with your defendant, then it’s an initial challenge to gather enough solid evidences proving that he or she is truthfully liable for all incurred damages of yours. With the help of your legal advocate, you should gather all pertinent pieces of documents attesting that the subjected car driver who has duty of care and had breached such. This is to both prove that you are innocent from any liability and convince the court – depends on where you’ll file – that you deserve to be compensated well.
  • Determining a pedestrian accident occurrence’s “cause-in-fact” and “proximate cause” demands an accomplishment for the success of your California personal injury claim. Most pedestrian claimant are confused by these two elements under process of “causation” but you should know that “cause-in-fact” simply pertains to the negligence or misconduct of your defendant triggering the pedestrian accident alone while proximate cause pertains to a surprising car vehicle’s defective parts, for example. The California’s right-of-way laws can facilitate the discovery of a committed “cause-in-fact” while a vehicle check-up or inspection’s report can help you in the aspect of a “proximate cause”.
  • Collecting all basic proofs such as a narrative police report from a concerned authority and ample statements from some witnesses who are present during your road mishap incident involvement are automatic inclusions. Additional evidences may include a fully detailed medical report you are entitled for a copy as the admitted patient. Also, if it’s possible for you to find for video recordings such as a CCTV file or even some pictures then it will ensure a great strategy for strengthening your claim as a victim.
  • Another associated way and the most significant among any other is to submit a pedestrian accident lawsuit which does not sound exaggerated, in all aspects, to the court. In particular, when you are compiling your reimbursements to assert in court, your pedestrian accident lawyer in California must only include the most justifiable compensation equal to the nature of your case. An expert for all related monetary computations can broadly help since he or she is skillful enough with preparing reimbursement demands of a lawsuit for such road unfortunate event.
  • Last is for the claimant party – with you as a victim – to make sure that you are not exceeding any statute of limitations which demands for every complainant’s compliance regarding all documents you need to submit. These standard deadlines may vary but your legal advocate will surely inform you with that specific matter because it’s his or her job to enlighten you so.

With the prevailing California pedestrian laws’ governed protections towards every pedestrian in the state and with the excellence of your selected specialized attorney who’s able to meet every above-mentioned tactics’ enclosures, a possible reimbursement consisting of your medical expenses, loss wages and related future expenses can be expected by you, as a claimant, and as a Los Angeles pedestrian accident victim.

All in all, every pedestrian should realize that when they know they violated no rules and regulations while walking on streets and when had experienced a road mishap such as a pedestrian accident, it is imperative for them to assert their rights as soon as they are fully healed from all injuries produced by such. In fact, wide arrays of experienced California personal injury attorneys who handle pedestrian accident claims for years are always beyond willing to serve their rights as a victim.

The Basic Traits a Wrongful Termination in California

Wrongful discharge
Wrongful discharge in the workplace

When an employed individual failed to do his or her duties expected for the position of which he or she was hired, disobey any company’s policy or had displayed poor punctuality, communication and even a negative attitude towards his or her colleagues as well as other people or entities associated and transacting with the company, then a notice of dismissal from work is well-justified. However, if you are someone who is dedicatedly working beyond your position’s loads and you know to yourself that no single action from you had caused any danger-triggering element which may drag the company in a risky situation, you absolutely don’t deserve a termination from your boss.
Sadly, there are some cases wherein employers are still discharging their employees without enough valid grounds.

Most common thing about losing a job is being emotionally unstable. Terminated employees often suffer from depression – aside from the inflicted worries made by the loss of future wages – which also harms their health statuses. It’s usually hard to cope with all these with a short period of time. So, how will you know if you had been illegally subjected in a California wrongful termination incident? Here are some key determinants:

  • Even if you are working at-will and therefore your employer is not obligated to tell his or her reasons for the layoff, such action can still be figured out whether it falls in legal or illegal category. One good example is when an  employed person is fired with the basis of his or her your age, gender, race/color, national origin, marital status, health conditions as well as religious affiliation and beliefs. Pregnant employees and those who are older are just two of the many types of employees who are receiving a wrongful termination from their unjust employer as a result.
  • Next is whistle-blowing. If you became a whistle blower – during your employment – by reporting any concern with regards to the former company you are employed because of some hazardous or illegal practices made by the employment institution to a government agency that holds power to facilitate such and you are dismissed from work is undeniably a form of wrongful termination. This action is illegal and is considered as a violation to the public policy.
  • Another is breaching of contract. Governed by both federal and California laws, every company’s superiors including the assembly of employers in Los Angeles must strictly adhere to the agreed and signed employment contracts with their respective employees. These encompass pertinent inclusions such as the employee’s handbook, company policies and more. If you are an employee, you definitely know the end of your contract or the period wherein you are granted to work and receive your salary. When your employer dismissed you prior to that date, then you are wrongfully terminated by your boss.

These are just some of the basic traits of an illegal employment dismissal or discharge that each person – especially those who are working in the state – experiences specifically when they suddenly loss their job without any valuable reason. Meanwhile, unlawful dismissal from work cannot only be done by your unjust employer. In fact, you can do it on your own. If you finally decide to leave work because you had experienced a hostile working environment or you are unfairly treated and even humiliated by your boss, it is called as a “constructive discharge”. This is classified as another form of a wrongful termination.

Hiring an employment law attorneys in California is the best action that any of these subjected applicants or employees can gain. With the federal and state agencies namely the California Department of Fair Employment and Housing (DFEH) and also the Equal Employment Opportunity Commission (EEOC), your chosen legal advocate will be the one to refer to laws that can aid your concern.

Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA) are just two of the many existing laws which equally serve all rights and privileges for every person who are included in the employment sector. Truly, any irregularities made under one’s employment should not be neglected and the most possible reimbursement for the victims pains and sufferings as well as their other losses must be recovered whether in out-of-court negotiations or with the help of a civil lawsuit.

How to Get Compensation from Your Disability Discrimination Case

disability discrimination
Filing Disability Discrimination Complaint

The employment sector of California has long been suffering from various discriminations. It’s most common types are committed by the employers, colleagues, other entities related to a company and even other people given that such wrongdoings were made inside workplaces or during any employment dealings and with the following commonly known bases: an employee or an applicant’s age, gender, racial identity and belonging, religion, marital status, sexual orientation, pregnancy and disability. In particular, employment discrimination inflicted because of a person’s disability alarmingly gave a total computation of more than 2,000 related complaints in the state. This is gathered in year 2011 alone. It must not remain as a neglected matter for all.

If you had been subjected to disability discrimination in Los Angeles, you must fully comprehend that such circumstance definitely calls for a reimbursement declaration by means of, absolutely, a disability discrimination complaint. Meanwhile, hiring only an eminent employment lawyer in California who already proved his or her excellence in cases same to your concern for ample years is the ultimate key for you to win in return. Here is a compiled summary on how you, as a victim, can file a disability discrimination lawsuit in Los Angeles:

  • As prerequisite for your lawsuit pursuance, filing “charges” to the California Department of Fair Employment and Housing (DFEH) as a state agency for employment concerns and also to the U.S. Equal Employment Opportunity Commission (EEOC) as a federal agency of same service aptitude should be made or achieved first.

This is for you, as a complainant, to secure “right to sue” letters after the abovementioned agencies conduct a related legal process called as an “administrative exhaustion”. You may choose to file in these two or in one given agency alone. Your complaint should not lack any relevant information such as your name, address, contact number as well as your employer’s or any defendant’s; quantity of employees in the involved company, a brief discussion about the irrational event you suffered including relevant details about it, the specific type of discrimination inflicted unto you and your signature to complete.

Just to inform and equip you further, an EEOC charge is not a requirement for claims regarding medical leave which is under the Family and Medical Leave Act (FMLA) and also a complaint about payment discrimination with the basis of an employee’s gender which is under the Equal Pay Act (EPA). Both are federal laws.

  • When your case has been proved to be substantially enough to proceed in court, then that would be the time wherein your legal advocate can exhibit his or her most impressive abilities for you to finally win your case and have the most possible compensation equal for your losses.

Your disability discrimination lawsuit should encompass all pertinent inclusions aside from basic information and are ample and clear statements from witnesses of your asserted unlawful circumstance as strong evidence to deliver a potential win for your employment claim in Los Angeles, data to prove that your defendant qualifies to standard requirements for suing, reasons why you believe you had received an illegal action and other supporting proofs such as reports with regards to your work performance, unfair salary deductions or a permanent decrease and more.

For an instance, if you had observed that your subjected employer treated your colleague – in same position as yours – then you should collect some proofs of it to additionally fortify your accusations in court. Same thing applies if you are a discriminated applicant although it might be harder for you to prove your employment-inclined complaint. Your legal advocate can effectively ease that matter.

With the power of prevailing federal and state laws such as the TitleI of the Americans with Disabilities Act of 1990 (ADA), Fair Employment and Housing Act (FEHA) and other supporting employment laws and likewise of great importance to select a trusted legal advocate in Los Angeles; it’s safe to say that there’s no single reason for you to be frightful and hesitate your plans in claiming your rights especially if you are a disabled employee or job applicant in Los Angeles who had been discriminated. Though, you must not forget that there are statute of limitations governing your freedom to file for an employment lawsuit, it varies depending on the agency you choose and more. Your hired California attorney for employment cases will help you with that.

Thursday, January 29, 2015

FMLA Violations Claim in California

fmla leave act
FMLA Leave Act in California

Taking a leave of absence to attend to a family matter or to address a health situation is one of the many rights afforded to us employees by our employers. This aspect of employment is pursuant to a specific federal law called the Family and Medical Leave Act (FMLA), which requires employers to provide employees up to 12 weeks of unpaid leave on any 12-month period for several circumstances. Indeed, if you are expected to be with an ailing family member, are expected to receive medical treatment for a certain illness that you have, or are expected to take care of a newborn child or an adopted child, then you are most certainly entitled to a FMLA leave. You may be able to take a leave if you are expected to deal with a certain responsibility because of your family member’s call to military duty, or that you need to attend to a sick or injured family member who is active in the military. You can become eligible to such a leave if you are able to meet certain criteria.

Unfortunately, there have been instances wherein employers fail to uphold the rights of employees in this aspect of employment. Some just don’t understand the Act, either parts of it or its entirety, resulting in some misinterpretations that would alter any employees’ chances of getting qualified for a leave. There are also other employers that take advantage of the Act’s complexities by violating it in the most willful manner possible. Indeed, employers’ illegal actions under the FMLA may give rise to claims filed by affected employees.

One of the many FMLA violations that some California employers commit is with regards to the requirement of employees to provide notices of their intention to take leaves. Under the law, an employee who has already been considered as eligible for FMLA leave must let his or her employer know ahead of time about his or her intention to take time off. Generally, an advanced notice is enough; about 30 days prior to the intended date of leave. However, in unforeseeable situations, the employee has the option to give notice as long as it is practical to do so. In the event of a medical emergency, for example, a notice won’t be required anymore. If your employer failed to recognize your notice despite your eligibility and subsequently denied you the chance to take lawful time off, then you may potentially have a California FMLA lawsuit against your employer.

Another instance of an FMLA violation touches on the aspect of reinstatement. The FMLA states that employers are required to reinstate their workers once the leave/s is/are over. Typically, they must return from their previous positions, but in the event those positions are no longer available in the workplace, employers must make sure to assign them to equivalent positions. Failure to do so is a violation of the Act, as well as postponing the reinstatement itself. But perhaps the most common violation that in regards this matter is when employers discipline or terminate employees who are merely exercising their right to take leaves. Such forms of retaliation are visibly a cause for an employee like you to bring into action a claim or lawsuit.

If you are an employee working in a Los Angeles company and you think you deserve to be entitled leaves yet it committed the above-mentioned violations, then it is important that you assert your rights against your employer by establishing a California FMLA claim or lawsuit. To help you pursue your interests, it is worth consulting a topnotch FMLA lawyer in Los Angeles. It is always a great idea to speak with the attorney so that you know which steps to take moving forward. He or she will assess everything surrounding your case, and if he or she sees that you truly have a case against your employer, he or she could represent you.

Your lawsuit may instead be settled out of court, but it could also be decided via a jury verdict during the trial phase. Regardless of where your FMLA case will go, your chosen Los Angeles FMLA attorney will make sure that you recover compensation for all your damages you suffered because of your employer’s violations to the Act. Certain damages that you may be entitled to receive include back pay, front pay, liquidated damages (for your employer’s failure to act in good faith), and emotional distress, among others.

Friday, January 9, 2015

How to Recover Fast from Car Accident Injuries

Surviving an accident can both be a blessing and a curse. Most people think about the physical injury that the accident causes. They think about seeking medical attention, getting the treatment for the injuries and the difficult, uphill battle of rehabilitation and recovery. People file cases with the help of personal injury lawyers to seek help in filing claims and asking compensation for these injuries. However, the physiological part is just one part of the injury. Emotional injury is an intangible, invisible effect of an accident is the more serious and harder to treat. So more than just getting the medications and treatment for physical injuries, how can one emotionally recover from an accident?

People who have experienced and have been involved in an accident recently knows the great effect of an accident. It is more than having the need to hire a serious injury lawyer to get the compensation for the bones broken, lost limbs, and the wounds your body suffered. These accidents leave traumatic experiences that can greatly affect you. It leaves deep emotional wounds that aren't that easy to get over with.

First Reactions to an Accident

People react differently to accidents. Some may get shocked, have this feeling of disbelief, and undergo a denial phase. Depending on his responsibility to the accident, a person may feel guilty, get ashamed, and blame themselves. For those who were caught up in an accident, they may feel hopeless and mad. Generally though, everybody involved in the case may feel anxious, worry some, and scared.

Manifestations of Emotional Trauma

There are many possible manifestations of the trauma an accident victim may have. Some aren't really that noticeable. Here is a list of the common symptoms that one person is suffering because of the trauma brought about by an accident:

  • Sleeplessness and nightmare-marred sleep
  • Increased heartbeat
  • Low energy and signs of fatigue
  • Aches and pains as well as tension in the muscles
  • Simple headaches to bothering stomach distress
  • Hyper vigilance and an exaggerated response when startled
  • Crying

More than that, there are also cognitive effects of the trauma one person has experienced. One may end up usually getting confused, having problems with concentration, and forgetfulness. Instances of intrusive memories and some sudden cases of flashbacks are also observed.

Given these emotional effects that accidents bring, a victim must be able to have him treated to properly overcome these hurdles. That is why it is important that one files a complaint against those responsible for the accident. When filing cases, you don’t just need a lawyer for Personal Injury in California but one that also understands the great damage that emotional trauma causes you. Through that, you will be able to file claims that will also help you fight for the emotional distress the accident caused you and receive the just compensation to help you get through that. And through that, you will be able to get fully healed from such a bad experience, letting you get over this very difficult phase in your life.