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.

Why Cases of Wrongful Termination Happen?

Wrongful termination cases in the United States are never a peculiar occurrence – unfortunately. Despite the plethora of laws condoning and banning wrongful discharge in the country, certain employers still fail to respect the legal rights of employees.

One of the main reasons why wrongful termination cases continue to proliferate in the country is because of the lack of awareness of employees about their rights. In order to sufficiently address unlawful termination incidences, workers are advised to learn their employment rights.

When is a termination wrongful?

When filing a wrongful termination case, the fired employee must prove that his or her employer has violated the law. Common reasons that make a termination unlawful are:

·         The termination violated any of the federal or state anti-discrimination statutes

·         Discharging as a form of sexual harassment

·         The employer violated the oral and written employment agreements

·         The termination resulted into violation of labor laws

·         Firing as a form of retaliation against the terminated employee

Recoverable damages and legal remedies for wrongful dismissal charge

Employers who would be found guilty of unlawfully discharging an employee, they may be subjected to legal charges. Wrongful dismissal victims have the right to claim for payments for lost of wages, pain and suffering damages, and cost of expenses brought about by the termination.

Furthermore, non-complying employers may be required to face statutory penalties as well as punitive damages depending on the gravity of the case.

Importance of hiring an attorney for wrongful termination

Employees who have experienced wrongful dismissal may find it helpful if they seek legal assistance of an attorney for wrongful termination. Generally, proving an unlawful termination claim is not an easy undertaking to pursue hence getting help from a legal expert should be strongly considered. Wrongfully terminated workers are advised not to handle the case themselves as it may compromise the claim.