Saturday, February 28, 2015

The Four Elements of a Wrongful Death Lawsuit

Filing a wrongful death lawsuit can be complicated. The following elements must be proven to establish the course of action.
Duty of Care

The plaintiff must show the court that the defendant owes a duty of care to the decedent. For example, in a defective product case, the manufacturer has to ensure that he had issued any necessary warnings in relation to the use of the product.

Wednesday, February 25, 2015

TBI in the Social Security Disability Arena

Traumatic brain injury (TBI) can be one of those episodes that change lives forever, especially when it saps a loved one of the capability to earn a livelihood. The Social Security Administration (SSA) recognizes it as an acceptable basis for claiming Social Security Disability (SSD) benefits.

Sunday, February 22, 2015

Mistakes to Avoid When Suing for Personal Injury

Filing a personal injury claim is a complicated legal issue, and costly mistakes are easy to make. Here are some of the most common mistakes that a good lawyer can help you avoid.

Failing to seek treatment – Perhaps the most common misstep of all, victims sometimes tend to fear the cost of medical treatment and choose to avoid a doctor altogether. However, this is completely counterintuitive: personal injury litigation typically requires the victim to show proof of seeking treatment right after an accident. Otherwise, the defendant can easily point out that the victim isn’t injured at all, since the latter failed to present relevant evidence. It’s a simple mistake, but critical nonetheless.

Thursday, February 19, 2015

Wrongful Death Cases: Get Help From Lawyers

Death comes in many forms; accidents and diseases can come to claim family members that are dear to us. To lose a loved one is hard enough for a family to get through, but it would be harder to accept if a loved one’s death could have been prevented had it not been for the negligent practices of the attending physician. In such cases, seeking the help of a trusted Los Angeles wrongful death lawyer is necessary to seek justice from those who have caused an otherwise preventable death.

A good example of this is when a doctor makes a mistake during a medical procedure. A wrong diagnosis or an overdose of medication can result in a patient’s death. If the deceased had dependents, their best choice is to file a wrongful death suit.

Monday, February 16, 2015

Facts Your Personal Injury Lawyer Needs to Know

Being in an accident is always a difficult time for the victims and their families. Not only does it take a toll on the physical, mental and emotional well-being of everyone involved, but it also strains to the limit everyone’s financial resources. As much as you’d like to avoid any more stressors that could impede your recovery from the accident, you need to deal with doctors, insurance companies, your employer, and even the person (or people) who will be held accountable for your accident. A personal injury lawyer can help take over these tasks and represent your claim.

Friday, February 13, 2015

DUI Charges Can Be Avoided with a Little Know-how

If you don’t want to end up losing your license, knowing California DUI laws is the ticket. The law states that getting to drive a vehicle around California means you have already given your consent for authorities to conduct urine, blood, and breath tests on you in case you are suspected of drunk driving. Refusal to submit corresponds to 1 year of license suspension if it is your first time, but would reach up to 2 years for third-time violations. If you’re no longer a minor, you would be arrested if you have blood alcohol content (BAC) of 0.08% or higher while those who have yet to reach adulthood are merely fined if their BAC is more or less 0.01%.

Tuesday, February 10, 2015

Get a Brain Injury Settlement with a Lawyer’s Help

Calculating your brain injury settlement requires a lawyer’s help. First, you and your lawyer will have to determine the type of damages to seek. You may consider damages for the loss of earning capacity, as a brain damage can seriously affect your ability to work. If you are unable to do your job, or lose employment because of your injury, you can include the loss of current and future incomes in your claims.

Saturday, February 7, 2015

Many U.S. Workers Still Get Below Minimum Wage

The state of California since last July implemented the $9 per hour minimum wage, which is expected to increase to $10 per hour effective next year. This affects almost all employees (with the exception of learners and the mentally or physically disabled). Employers then were required to give notice to their employees a week before the implementation in the form of a written notice.

Sunday, February 1, 2015

Proving Fault in Your Personal Injury Case

Personal injury cases stem from a person being injured because of another person’s negligent conduct. Injury can occur from a car accident, a product malfunctioning, or a medical procedure gone wrong. The very foundation of personal injury cases is establishing someone’s responsibility for another’s physical injuries.

The first thing to establish in these cases is that the defendant had the duty to exercise care to prevent people from being injured. A doctor is required to care for his or her patient; a driver is required to take care of his passengers and other motorists on the road.