Motor Vehicle Accident
I have litigated and settled many auto accident cases, including cases with very serious injuries requiring surgery and even causing death. You may be entitled to recover damages after an auto accident if you were injured as a result of someone else’s negligence. I offer a free consultation, over the phone or in person, to help you determine if your claim is worth pursuing.
Most auto accident victims never receive the full amount of damages to which they are entitled. The major reason is that they don’t know the full value of their claim and will often accept the first offer that an insurance company makes. Evaluating all the possible causes of a serious motor vehicle accident is the role of an experienced auto accident lawyer. In addition, motor vehicle accident victims may need a lawyer’s help in finding an appropriate physician or arranging for a medical care provider to wait for payment until the case is settled. Motor vehicle collisions often cause extraordinary suffering and loss to motorists, passengers and pedestrians, in addition to property damage to your car. Injured victims face medical bills, lost wages, loss of ability to fully work in the future, pain and suffering. I want to help you get the best and most appropriate medical care so that you can recover as soon as possible.
Dog bites/Animal Attacks
California has a specific liability law that covers dog bites. Owners are responsible any time a dog bites someone, both on their own property and in public areas, where an owner is expected to handle the dog in a way that ensures everyone’s safety. It does not matter what breed the dog is or how it has behaved in the past.
Like other personal injury cases, someone bit by a dog is entitled to “special” damages, which pay for medical bills, rehabilitation, lost wages and other specific costs of the injury. Most homeowner and renters insurance policies include coverage for dog bites, even if the dog bites someone away from the owner’s property. Some policies contain exceptions for certain breeds and an attorney can help explain the coverage issues to you.
If your bite results in physical, mental or emotional damage, you may also be entitled to general damages. These cover things like scarring, pain and suffering and long-term costs if the person will never recover fully from the accident.
Medical Malpractice
Physicians, nurses, dentists and other medical specialists, including hospitals and surgeons have an obligation to conduct themselves competently. When they do not, their patients may be seriously injured. Physicians, hospitals and nurses make mistakes. If the mistakes cause injury to their patients, they should be held responsible for their mistakes. However, a bad result does not automatically mean there was a medical malpractice. My experience in representing both patients as well as defending physicians allows me to assist you in determining if your injuries were the result of malpractice.
Frequent instances of medical malpractice include wrong-site surgery, objects left inside patients, medication errors, birth injury, and failure to diagnose a time sensitive illness before it is too late. Some of these mistakes could have been avoided with proper care and result from medical providers who are inadequately trained. In a medical malpractice case we must prove that the medical provider did not meet the applicable standard of care in treating you in order to recover monetary damages. In most malpractice cases you are required retain an expert witness in the relevant medical field who can testify that your medical provider did not meet the applicable standard of care required under the specific circumstances. I will find the appropriate medical experts that have the expertise to make such a determination.
Birth Injury
I have experience in litigating birth injury cases. I am familiar with the trauma that complications during the delivery process can bring to delivering mothers. Injuries to children during the birth process frequently form the basis for a special type of medical malpractice case called “birth injury”. Tragically, infants may suffer brain damage, respiratory problems, shoulder dystocia, cerebral palsy, or other injuries with lifetime implications. Birth injuries are not always manifested early in a child’s life and may develop as the child matures.
If you suspect that harm suffered to your child was the result of negligence, you should contact me. I will evaluate your case even if all the injuries and damages are not yet known. The statute of limitations for the parent’s claim for loss of consortium (love, care, affection) may be different from the statute of limitations for the medical negligence involving the injured infant. Delay in raising a birth injury claim may limit or prevent recovery, so you should not delay.
Premises Liability
Premises liability law is a body of law which makes the owner or person who is in possession of property or premises responsible for injuries suffered by persons who are present on the premises. Although some premises cases, such as so-called “slip and fall” cases, can seem simple, elements of California law can favor the premises owner. Thus, in assessing a case such as this, it is critical to consult with an attorney with experience with premises liability cases. A premises liability attorney will know what strategies and facts will work in your favor in obtaining a settlement for your injuries. If a settlement cannot be easily reached, I will go to court to prove the liability of the property owner or person in possession so you are not left responsible for an injury caused by another’s negligence.
Employment Discrimination
Generally, under California law, a worker that does not have a written employment contract is considered to be an “at-will” employee and may be terminated for any reason or no reason at all. However, at-will employees may not be terminated for impermissible reasons.
For example, an at-will employee may not be terminated for any reason which violates public policy. A termination that violates public policy is one that violates either a state or federal statute, a regulation, or another constitutional protection. Additionally, if the employee acts as a “whistle blower”, then terminating the employee would also be impermissible.
In addition, if the employee is terminated because of race, gender, sex, age, religion, disability, sexual orientation, or national origin, the employee may have a claim for wrongful termination. Such discrimination claims are covered under California’s Fair Employment and Housing Act (FEHA) and common law claims for violation of public policy. Similarly, terminations made in retaliation for an employee’s complaints about discrimination are also protected.
There are other examples as well. You should consult with a lawyer before waiving your right to file a lawsuit and determine if the termination is not only unfair, but also illegal. In the event that your termination is determined to be unlawful, you may recover the following damages:
- Lost earnings
- Lost benefits
- Emotional distress
- Punitive damages
- Reinstatement of position if desired
- Attorneys’ fees and costs
Workers’ Compensation
The workers’ compensation process can be complex and confusing for someone who has never had to deal with a work injury before.
If you suffered a workplace accident or were injured due to excessive strain at work, you should consider retaining an experienced workers’ compensation lawyer. Although you are entitled to workers’ compensation by law, the system is frustrating and confusing. An attorney can guide you through the legal issues and make sure you receive the full benefits to which you deserve.
In order to be eligible for benefits, an injury must occur at the workplace while doing your job. In other words, “within the course and scope” of your employment.
Medical treatment for any work-related injuries is fully covered by the workers’ compensation benefits system through insurance paid by the employer.
The Main Benefits Available to Injured Workers are:
- Temporary disability benefits: You may be entitled to receive two-thirds of your gross pay until you are declared medically able to return after a work injury. Temporary benefits will cease after two years from the date of the injury.
- Permanent disability benefits: These benefits are determined by a doctor’s analysis of what percentage of your work potential you have permanently lost due to a work-related injury. Compensation will be in relation to this number.
- Medical treatment: Medical treatment of a work-related injury is automatically covered by workers’ compensation, and unless your claim is denied outright this will be covered.
- Rehabilitation: This essentially provides a permanently disabled worker with a voucher, scaled to his or her level of disability, which will allow him or her to enter a retraining program in order to learn new skills.
I will fight for your rights and get you the financial compensation you deserve after your workplace injury. Under almost all circumstances, there are no out-of-pocket costs for you to consult with or hire an attorney to protect and guide you through the difficult process of a work-related injury.