Understanding the Legal Concepts Involved in Los Angeles Personal Injury

Personal injury is a broad legal term – an umbrella term in many instances. Since personal injury is considered as one of the most complex and versatile legal concepts in the jurisprudence of the United States, learning its basics should be done sparingly.

In California, where hundreds and even thousands of personal injury claims are asserted each year, some citizens still find it difficult to learn the legal concepts behind tort-related cases. In order to solve such problem, citizens should learn the most common principles involved in personal injury cases.

The following are the answers to the commonly asked questions by people not familiar with personal injury lawsuits:

1. What are the common accidents that are considered personal injury-related?

The most common form of personal injury mishap in California is vehicle accidents. However, personal injury is not only limited to road accidents, it also includes slip and fall mishaps, medical malpractice, dog bite accidents, defective product-related accidents, among other negligence-based mishaps.

2. What benefits would I get if I assert for a personal injury claim?

If you want to receive compensations for your physical and emotionally injuries, then you should file a personal injury lawsuit against the person who caused you trouble. Under the tort law, people who cause injury or harm to another person must provide adequate amount of compensatory damages (economic and/or non-economic).

3. What should I do to get compensations for my injuries?

The best way to receive compensations legally is to get the help of a Los Angeles attorney who specializes in handling various personal injury cases. By doing this, you can be assured that your case would be handled well thus increasing your chance of getting high amount of compensations.

4. How can I contact personal injury lawyers?

There are myriad of ways on how you can find a reputable lawyer. For example, if you want to consult with a Santa Monica personal injury lawyer, you may do so by asking your friends or relatives for referral. You may also do some research on the Internet.

Provisions under the Fair Employment and Housing Act (FEHA)

The employment discrimination law in California provides its citizens with equal rights and protection against attempts that seek to degrade people’s worth within the human society.  The California Department of Fair Employment and Housing (DFEH) is the agency that governs anti-employment discrimination laws in the State. True to its promise, in the course of years, DFEH has created different ways to be able to extend its hand to employees whom were maltreated by owners.

DFEH adheres to the provisions under the Fair Employmentand Housing Act or FEHA. Under this Act, it is illegal to discriminate against workers with respect to California labor laws. Under FEHA, the following are the protected classes:

·         Age (40 and over)

·         Ancestry

·         Color

·         Religious Creed

·         Denial of Family and Medical Care Leave

·         Disability (mental and physical) including HIV and AIDS

·         Marital Status

·         Medical Condition (cancer and genetic characteristics)

·         National Origin

·         Race

·         Religion

·         Sex

·         Sexual Orientation

Here are some of the provisions under the California labor laws as implemented by the DFEH

1.    Create a progressive environment for workers and strictly prohibiting harassments in the workplace.

2.    Leave benefits that enable employees to take care of a seriously sick relative or to nurse a newly born infant.

3.    Retaliation is strictly unlawful and employers who resort to this method should be duly reported to government agencies.

4.    Hiring an employee should not be based on discrimination and the admission of the employee for work should be based on their qualifications.

Employers are prompted by the law to provide the needs of workers. This is seen through the implementation of the reasonable accommodation policies implemented for the disabled employees. One of the particular and readily visible representations of these is through the comfort rooms for people with disabilities.

The Basics of Dog Bites

According to the Center for Disease Control and Prevention (CDC), there are about 4.5 million individuals who get bitten by dogs every year. Out of such statistics, 885,000, or almost one out of five need medical attention for dog bite-related injuries. In 2006, more than 31,000 people went through reconstructive surgery as a result of being dog-bitten.

This is also one of the reasons why there is a great need for a competent and well-versed Los Angeles accident lawyer who focuses on dog bite cases. Regardless of the extent of the injury caused by the bite, it is better to seek for a lawyer’s help.

Meanwhile, those who are most at risk are the children. The rate of dog bite incident is greatly high for those ages five to nine years old. In addition, children are likely to require medical attention for dog bites than adults. Even though the recent study revealed that the rate of dog-bite related injuries among kids appears to be decreasing, parents should still be aware of the threats brought by canines.

Additionally, males have more possibility of being bitten than females. Individuals with dogs in their homes also present a lot of dangers to the family members. Having dogs inside the household is actually one of the reasons why there are many dog bite incidents. In fact, according to the CDC, adults with two or more dogs in the household have five times chances of being bitten than those living without dogs at home.

If you were injured by a canine owned by another person, you can ask a Los Angeles accident lawyer concentrating on dog bite cases about your rights and whether or not you are qualified to file a damages compensation claim. You can also seek the lawyer’s help in order for you to know your legal protection.

Some of the Important California Traffic Laws That You Should Know

From 1990 to 2009, only four US states have maintained a recorded amount of more than a thousand deaths caused by road accidents. These States are, from the highest to the lowest; California, Texas, Florida, and New York.

The reason why California records the highest number of road-related accidents among all US states is because of high traffic volume that are situated in key cities such as Los Angeles and Santa Monica. Because of this, the state strongly imposes certain traffic laws that help decrease the ever growing number of deaths, injuries and property damages caused by single, dual, and multiple vehicle collisions.

Here are some of the important traffic laws being implemented all throughout California:

·         Mandatory seat belt law

Every driver and passenger must be restrained by seat belts and/or safety seats. However, those with medical ailments are not required to wear seatbelts unless a notice from the physician is provided.

·         Laws related to the use of safety helmets

Motorcycle users aged 18 and above are required to wear a safety helmet when driving. A safety helmet must meet the standards of the Department of Transportation and other driver safety institutions. Minors and children who use bicycles, roller skates, non-motor scooters, and skateboards are also required to use helmets suitable for the use of the aforementioned vehicles.

·         Laws regarding the use of mobile phones while inside the vehicle

Drivers must always use hands-free equipment when receiving a call or trying to call someone using the mobile phone while driving. The year 2009 saw the implementation of a text messaging law, wherein reading, writing or typing down a text message using text-based communication is prohibited. This applies to all drivers, licensed or not.

Injuries and fatalities in road-related accidents cannot be avoided. However, trying to ease the ever-growing statistics must always start with the compliance of every driver and passenger to these important California laws. For more information about other related traffic laws, it would be helpful to contact a vehicle accident lawyer based in the California area.

Quick Information about California Wrongful Death

Car accidents in California may sometimes lead to wrongful death. In a tragic case that your loved one is killed in a road collision due to another person’s fault, you have the right to claim for personal injury damages. Under California personal injury law, a person who causes the death of an individual may face wrongful termination charge and may be asked to provide compensations to the decedent’s family members.

Los Angeles attorneys always remind California citizens that they should be wary of tort laws in order to appropriately demand for their rights when the need arises.

Who can claim for wrongful death charge?

In California, immediate family members of the wrongful death victim may file for a claim. Immediate family members include the deceased person’s spouse, children, and parents. In case that the decedent’s child is under the age of 18, the law may require a guardian to assert for the claim on the child’s behalf.

Distant relatives may also file for a claim in case the victim has no immediate family member. Distant relatives may include dependents of the deceased who have lost financial support and sustained emotional distress.

Recoverable Damages

The immediate family members or distant relatives of the wrongful death victim may be entitled for the following compensations:

·         Hospital treatment bills

·         Funeral expenses

·         Loss of decedent’s financial support

·         Loss of inheritance

·         Loss of relation and care

·         Pain and suffering

·         Punitive damages

Importance of seeking help from legal professionals

In California, wrongful death claims often involve a complicated legal process which is why it is best for claimants to seek legal assistance from skilled Los Angeles attorneys.

Wrongful death attorneys are particularly qualified to help claimants in:

·         Preparing legal documents relevant to the case

·         Assessing the claim

·         Documenting relevant pieces of evidence and information to support the claim

Representing clients 

Two Controversial Employment Discrimination Cases of January 2012

The year 2012 just started but it seems that employment discrimination-related stories seem not to be taking time out. According to the website of the US Equal Employment Opportunity Commission (EEOC), for the first week of January, at least two workplace discrimination charges were attended to by the agency.

1. Grand Central Partnership, Inc. VS Title VII

According to press release by EEOC, Grand Central Partnership (GCP), a New York-based non-profit real estate developer has committed discrimination against an employee based on his race. The employee, a back Rastafarian who works in the company as a security guard, has claimed that he experienced race discrimination in the firm. Because of the incident, the employee filed a complaint, however, when the company learned about his complaint, he was fired.

Prior to the termination incident, the security officer also filed a complaint against the company in 2009.  In the complaint, GCP reportedly failed to accommodate the religious beliefs of the employee. The case was settled but after a year, the company yet again committed employment discrimination.

Under the Title VII of the Civil Rights Act of 1964, covered employers are strictly prohibited from discriminating against an employee based on his or her religion or race. Furthermore, retaliation against complaining employees is also not allowed. Due to this, GCP is in clear violation of the Federal law.

2. Bank of Albuquerque VS Title VII and ADEA

Two female employees of Bank of Albuquerque in Phoenix were reportedly terminated because of their sex and age. The terminated employees – Elizabeth Morantes and Yolanda Fernandez, both older than 40 years of age filed a complaint with the EEOC. According to the Commission’s investigation, both employees were fired because of their age and sex.

In accordance with Title VII and the Age Discrimination in Employment Act (ADEA), it is unlawful for employers to terminate an employee because of his or her sex and age. In relation to this, it is clear that the Bank of Albuquerque has committed acts of discrimination in the workplace.

More information about Employment Law
http://www.mesrianilaw.com/employment-labor-law/employment-discrimination.html

TBI Pitfalls: Debunking Myths about TBI

Traumatic brain injury (TBI) is common for people who got involved in serious car crash accidents. In the United States, based on the data of the Centers for Disease Control and Prevention (CDC), approximately 1.7 million people sustain TBI.

One of the leading causes of TBI in the country is automobile accidents. Because traffic collisions may happen to anyone – anytime and anywhere, it is fitting to correct the common misconceptions about this injury.

The following are the most common mistaken beliefs and myths concerning TBI:

1. Minor TBI cannot post threats to victims – This false belief is always misleading especially for people who have sustained mild TBI. According to National Institute of Health (NIH), a person with minor TBI is susceptible to having impaired motor skills. Patients with minor TBI are advised to seek proper medical treatment so as to avoid worsening of the injury.

2. Children are always safe from TBI – People think that children with TBI can immediately and conveniently recover. This may be true for some, but for others, they should not take any chances. It is a must for any TBI victim, regardless of age, to appropriately seek medical attention.

3. TBI symptoms are always apparent – This is one of the most common beliefs about TBI but unfortunately it is not accurate. Some cases of TBI do not display immediate signs or symptoms. Because of this, it is just proper for car accident victims to have their head injuries carefully and meticulously examined by physician in order to know if they have sustained TBI.

4. You cannot claim for injury compensations if you have TBI – Car accident victims with TBI have the legal right to demand for compensatory damages from the people who have caused them injuries. California accident victims may seek legal assistance from a Los Angeles Personal injury Attorney in order to sufficiently claim for deserved damages.

Ban on Mobile Phone Use in California – While Driving

Ever since mobile phone use was seen as a major form of distraction that causes enormous number of vehicular accidents in the United States, most states have adopted laws preventing drivers to use their cell phones while driving. Every state that enacted these laws has their own stipulations, and California is no exception.

California enacted three laws on the use of wireless communication devices and wireless telephones while driving. The first law imposes a ban on all Californian and non-Californian drivers to use handheld mobile phones while driving. Only the drivers are affected with this law; passengers can use their own cell phones while inside a moving vehicle. This law was implemented into effect July 1, 2008.

The second law imposes all drivers to use of hands-free mobile phones while driving. This law has its stipulations, primarily on the driver’s age.

Drivers aged 18 and up can use hands-free mobile phones as long as there are devices that provide hands-free technology, such as Bluetooth, earpieces, and the phones’ speaker phone function. In the contrary, drivers aged 18 and below are not allowed to use any kind of wireless communication device for speaking or texting while driving. This law was made effective on the same day as the aforementioned first law.

The third California law forbids the use of the texting feature of the mobile phone while driving. In this law, a driver may be penalized with a violation of the law if he is caught writing, sending, or reading any text based communications while driving. This law was implemented January 1, 2009.

These California laws are just part of the state government’s aim to lessen the incidences of road accidents. Distraction-related accidents can be reduced through proper education and implementation of safety driving. To know more about other laws that will prevent further accidents due to distractions, asking a vehicle accident lawyer would suffice.