- Personal Injury (Generally)
- Auto and Motorcycle Accidents
- Dog Bites
- Slip / Fall
- Catastrophic Injury
- Medical Malpractice
- Wrongful Death
Personal injuries occur in all forms,
some of which are encompassed by other subsections on this page.
They include auto accidents, slip and falls, premises liability, dog
bites, and any number of other variations. When someone is
negligent and causes injury to someone else, they are liable under
the law for all injuries that resulted because of their negligence,
including all past and future medical bills, emotional trauma, and
pain and suffering.
Negligence is a legal term of art. Under the law it means that
someone fails to do what they are required to do. This failure
results in injury. For example, if John ran a red light and hit
Christy, John was negligent for failing to stop on red. He is
liable to Christy for all of her injuries, provided that Christy was not
negligent herself, because he was negligent.
There
also may be times when the injury is caused intentionally such as in an
assault and battery situation. In those circumstances, you may be
entitled to punitive damages for malicious, oppressive, or fraudulent
conduct. Punitive damages are designed to deter an individual from
repeating the same conduct in the future.
If you
or someone you know has been injured and you believe someone else may be
responsible, please contact our office toll-free at 1-800-994-2889 to
schedule a free consultation. We will advise you of your
rights under the law.
Medical malpractice occurs where a
doctor or other health care provider causes injury because they fail
to follow accepted standards of practice for their profession.
For example, if a doctor administers medication intravenously (i.e.
through the veins) when it should be administered intramuscularly
(i.e. in the muscle), and that
conduct causes nerve damage to the patient, there is a potential
medical malpractice action that could be filed against the doctor.
In some cases, the hospital or nurses may be implicated as well if
they were somehow also involved in the care of the patient.
The
timing of legal representation is extremely important in a medical
malpractice action. Under the law, a claim needs to be filed in
court within one year of the time the patient knew or should have known
of the negligent conduct, or within three years, whichever is shorter.
This is different than in most negligence actions where the statute of
limitation to file a claim is 2 years. It is critical, therefore,
that an attorney be contacted as soon as you suspect any negligent
conduct by the health care providers.
Contact
an attorney immediately if you or someone you know has been injured and
you suspect that the injuries may have been the result of doctor, nurse,
or hospital negligence.
Dog bites are what we attorneys term strict liability torts.
This means that if someone owns a dog they are liable for injuries
if that dog bites someone else. Many cities and counties also
have ordinances that make a dog owner strictly liable for his pet's
actions. Most homeowners insurance policies provide coverage
against these types of injuries.
If you're bit by a dog, it's important to call the
local animal control agency and report the injury. It's also important to
see a doctor as soon as possible to have any wounds treated and appropriate
shots to prevent infection or any more serious diseases such as rabies.
You should then seek the advise of an attorney who will represent you in
recovering for your injuries against the owner of the dog and/or the landlord
that housed the animal.
Our firm handles dog bite cases
and takes most cases on a straight contingency basis. We also have a
network of physicians that we work with to assist our clients in getting
treatment, even if they do not have health insurance.
Contact our office toll-free at
1-800-994-2889 today for a free consultation if you or your loved one
have been injured by a dog or other vicious animal.
Slip and fall accidents can
occur virtually anywhere - in a store, on the sidewalk, at someone's home.
Most types of insurance policies protect their insureds against this type of
injury.
The most common issues with
slip and fall accidents are two-fold.
First is identifying how you
fell (e.g. on an oily substance) and determining how long it was present before
the fall. If the owner of the premises knew or should have known of the
presence of the substance and failed to correct it before someone slipped and
fell, they could be held liable. Knowledge, of course, depends on the
facts of the case and is often only proved through circumstantial evidence.
In a store, for example, "sweep sheets" are often used by store management to
document the frequency with which they perform routine checks and clean-ups.
Sweep sheets may be used in a lawsuit to impute knowledge of a condition to a
store owner if they do not check the condition of their premises on a regular
schedule.
The second issue is frequently
with the injured party's own actions. Premises owners will claim that that
person was negligent for not watching where they were going and should have saw
the condition before being injured by it.
The first thing you should do
if injured by a slip and fall accident is seek medical attention. If there
are witnesses, gather their names and contact information. Report the accident
to management if at all possible. It is important to seek the advise of an
attorney as soon after an accident as possible. Many times accidents occur
on sidewalks or in other public places, like parks, and in those cases a public
entity may be the liable party. These situations require that you follow
specific claims presentment requirements within a limited time frame.
If you or a loved one has been
injured by a slip and fall accident, contact our office immediately at
1-800-994-2889 to schedule a free consultation. We will advise you of the
merits of your case and of your legal rights and requirements to preserve those
legal rights.
California is an "At Will" State.
What this means is that an employer may hire or fire its employees
any time they choose, unless there is a recognized exception under
the law. The commonly recognized exceptions are where an
employee is terminated because of their race, gender, disability or
sexual orientation.
Both state and
federal law protect employees from discrimination on these grounds.
Employers are also required to pay their employees at least minimum
wage, and wages in accordance with the law. The type of industry
dictates these requirements and when wages have to be paid. It is
important to see an attorney regarding these rights if there is any
question about your pay. Employers must compensate their employees
for all time worked, on time, and promptly upon termination of
employment. Our attorneys will file a claim on your behalf with
the California Department of Industrial Relations, Division of Labor
Standards Enforcement and will enforce your rights during these
procedures to ensure that you are fully compensated for your hard-earned
work.
Employers are also required to provide a non-hostile work environment
for their employees. This not only means that employees should be
free of sexual harassment, but that they should not be retaliated
against for whistleblowing activities, such as reporting violations of
the law.
If you
have an employment claim related to discrimination, unpaid wages,
compensation and benefits, or other wrongful termination actions,
contact our office immediately to talk to an attorney.
Medical malpractice occurs where a
doctor or other health care provider causes injury because they fail
to follow accepted standards of practice for their profession.
For example, if a doctor administers medication intravenously (i.e.
through the veins) when it should be administered intramuscularly
(i.e. in the muscle), and that
conduct causes nerve damage to the patient, there is a potential
medical malpractice action that could be filed against the doctor.
In some cases, the hospital or nurses may be implicated as well if
they were somehow also involved in the care of the patient.
The
timing of legal representation is extremely important in a medical
malpractice action. Under the law, a claim needs to be filed in
court within one year of the time the patient knew or should have known
of the negligent conduct, or within three years, whichever is shorter.
This is different than in most negligence actions where the statute of
limitations to file a claim is 2 years. It is critical, therefore,
that an attorney be contacted as soon as you suspect any negligent
conduct by the health care providers.
Contact
an attorney immediately if you or someone you know has been injured and
you suspect that the injuries may have been the result of doctor, nurse,
or hospital negligence.
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