A serious accident can bring your entire life to a screeching halt. In California, injured victims have the right to seek compensation for economic and non-economic damages from the at-fault party, including for pain and suffering. The terms pain and suffering are explained in the California Civil Jury Instructions (3905A). By definition, pain and suffering is intangible damage. It is meant to cover the real, but hard to define loss associated with physical pain and mental trauma.
According to a report from Reuters, the 9th U.S. Circuit Court of Appeals has ruled in favor of employees in a dispute over the validity of California’s bar on forced arbitration provisions in most employment contracts. In the case of Chamber of Commerce of the US, et al v. Rob Bonta, et al, the appeals found determined that California’s state law does not violate the Federal Arbitration Act. Here, our Oakland employment law attorneys provide a more detailed overview of the decision.
According to the Centers for Disease Control and Prevention (CDC), motor vehicle collisions are one of the leading causes of concussions in the United States. A concussion is a brain injury caused by a blow to the head or the violent, forceful shaking of the body.
Medical leave is a leave of absence that an employee takes to deal with the effects of a health condition. In California, a worker may be legally entitled to guaranteed medical leave. This raises an important question of if your employer can fire you while you are out on medical leave. Technically speaking, the answer is yes. This is only true, though, if the reason for termination is wholly unrelated to the medical leave. In this article, our Oakland employment lawyers explain the most important things workers need to know about state and federal medical leave laws. (more…)
A car crash can change your entire life in a matter of seconds. It can leave you with stacks of medical bills, missing paycheck, and severe pain and suffering. You need money to repair your vehicle, cover your bills, and support your family. This raises an important question: Can you sue another driver’s insurance company after an accident? (more…)
Having automobile insurance in San Francisco is a wise idea and an important one that will protect you when you are hit and injured in a crash, or if you hit another party on the road. It is impossible to get in your car to go to work, run an errand, take your child to school, or go on a road trip, and know for certain if you will be in a Bay Area car accident.
What You Need To Know About The Statute Of Limitations For Personal Injury Lawsuits In California
A serious accident can change your entire life in a matter of seconds. Injured victims need financial compensation to pay hospital and medical bills, cover lost income, and support their families. In California, you have the right to file a personal injury lawsuit against any defendant(s) who were at fault for your accident.
The National Highway Traffic Safety Administration (NHTSA) reports serve as another unfortunate reminder of how often excessive speed causes serious accidents. For some, this may seem like common sense but when you look at the data on how speed corresponds not only with more serious injuries but also more accidents, it is eye-opening.
Many people work as Uber drivers on a part-time or full-time basis in California. A recent report estimates that approximately 210,000 people drive for Uber at least once per quarter in the state. With so many Uber vehicles on the road, some ridesharing accidents are going to happen. You may be wondering: What are my rights if I am injured in a crash while working as an Oakland Uber driver? Here, our Oakland personal injury lawyer explains what you need to know if you were injured in an accident as an Uber driver in California. (more…)
Following a major accident, injured victims need monetary compensation to pay their bills and support their families. In California, you can file a personal injury lawsuit to seek financial relief for the full extent of your losses. Personal injury damages fit into two primary categories: (more…)
Dealing with a personal injury can take a serious emotional and financial toll on a victim and their family. Following a serious accident, you need monetary support to cover your medical bills, lost wages, and other damages. In California, you have the right to recover compensation for both economic and non-economic damages from the at-fault party.
In the fall of 2019, California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law to protect independent contractors in California. The primary goal of the legislation is to ensure independent contractors are properly protected under state and federal employment laws. Here, our San Francisco employment law attorneys explain the key things workers need to know about how new California laws protect independent contractors. (more…)
Tenant rights protect renters from unlawful acts by unscrupulous landlords. In California, residential tenants have important legal rights. You may have questions about your rights under state or local law. Whether you are a couple days late on your rent, trying to get your landlord to make a basic repair or fighting to get your full security deposit back, it is crucial you know how the law protects you. In this article, our San Francisco landlord-tenant law attorneys highlight four (4) key things to know about tenant rights in California.
Losing someone you care about is heartbreaking, especially when it is a wrongful death caused by someone else. Under California law (California Code of Civil Procedure § 377.30), eligible family members of the deceased victim can bring a wrongful death suit against the at-fault parties to get justice and economic support. During such a difficult time, you may want to know: How much compensation can be recovered in a wrongful death lawsuit?
We need to know the statute of limitations for medical malpractice in California because we put a lot of faith into the hands of doctors and medical providers. Unfortunately, in far too many cases, medical professionals fail to live up to their responsibilities. Every year, tens of thousands of patients in California suffered harm due to medical negligence.
In the fall of 2019, California Gov. Gavin Newsom signed AB 51 into law which is essentially the California Ban on Mandatory Arbitration Agreements. The legislation bars companies and organizations from resolving most types of employment law claims through forced arbitration. The bill is strict — it even includes the possibility of criminal penalties for employers that violated that law. Read on for more on California arbitration rules.
Did you or your loved one sign a nursing home agreement containing a pre-dispute, mandatory arbitration clause? If so, you may be wondering if the nursing home arbitration agreement be enforced? The answer is it depends on the specific circumstances — a forced arbitration clause may be binding, but only if specific conditions are met. Here, our San Francisco nursing home injury lawyers explain what families need to know about the enforceability of nursing home arbitration agreements in California. (more…)
What is a fair severance package in California? This is a question we get a lot at our Oakland law firm. Leaving a job is never easy but when you do you may have to negotiate a severance agreement in California. Whether it is due to a lay-off, corporate restructuring, or differences in vision, the transition to a new position always presents challenges. A severance package — generally defined as benefits paid to an employee when they leave a company — helps to provide some relief during the transition.
Nothing is more traumatic than the loss of a loved one. While a wrongful death claim can never truly make things right, it does allow family members of the deceased an opportunity to receive justice, accountability and financial support. There is also a similar (but distinct) type of legal action called a survival action claim.
The biggest question tenants have during the COVID-19 quarantine is, “What do I do if I cannot afford the rent?” The State of California recently enacted a moratorium preventing landlords from filing evictions based on nonpayment of rent. That means, if you cannot pay your rent at this time, the landlord will not be able to file an eviction lawsuit against you until the quarantine is lifted. With that said, landlords are still able to file evictions to protect public safety and health. Examples of this would be permitting a nuisance to exist in the unit, i.e., illegal activity, fire hazards, or other dangerous conditions
Were you injured on public property in Northern California? If so, you have the right to bring a premises liability claim to seek financial compensation for your injuries-but there are some special rules and regulations that apply. Most likely, your case falls under the California Tort Claims Act (CTCA). Here, our San Francisco premises liability lawyer explains three of the most important things you need to know about accidents on public property.
Losing a loved one is devastating. A preventable death can take a spiritual, emotional and financial toll on a family. While nothing can ever truly make up for such a heartbreaking loss, a civil wrongful death claim allows close family members of the loved one to get accountability and financial support. Below, our San Francisco wrongful death lawyer provides an overview of damages that can be recovered through a wrongful death lawsuit in California.
When you seek professional medical care, you reasonably expect you will receive an accurate and timely diagnosis. Unfortunately, misdiagnosis and delayed diagnosis remain serious problems. According to AARP, as many as 20 percent of serious medical conditions are initially misdiagnosed by medical professionals.
Rear end collisions are among the most types of traffic accidents. According to data published by the National Transportation Safety Board (NTSB), approximately half of all multi-vehicle crashes reported in the United States are rear-end collisions.
The California final paycheck law protects employees who are quitting or being terminated by an employer. Whether you are doing so by choice or you have been terminated, changing jobs can be challenging—even more so if you do not get your final paycheck on time. In California, workers are protected by some of the strongest wage and hour laws in the country.
If your loved one was injured in a San Francisco nursing home, it is imperative you take immediate action to protect their health, well-being and legal rights. Unfortunately, nursing home injuries remain a serious problem in California. In many cases, vulnerable patients suffer injuries or develop medical conditions because of abuse or neglect at facilities.
California businesses and property owners have a duty to keep their premises in safe condition. If they fail to do so, they can be held liable for any resulting injuries. Unfortunately, it can be a challenge for victims to recover full and fair financial compensation through a premises liability claim.
Unfortunately, highway construction zone accidents are a serious problem. According to the most recent data from the Federal Highway Administration, approximately 60,000 people are injured in construction accidents in the United States every year.
If you drive regularly in the Bay Area, you know there is near constant highway construction going on in Northern California. Motorists must take additional care when going through a work zone.
The Centers for Disease Control Prevention (CDC) reports that nearly 30 million Americans visit emergency departments with unintentional injuries every year. A serious injury can be incredibly disruptive for the victim and their family — on top of the long road to physical and emotional recovery, they may be left dealing with stacks of medical bills and other financial expenses.
Merging traffic laws govern who is at fault in these types of accidents. Merging onto a highway in the San Francisco Bay Area can be challenging. We have all seen how congested our region’s roads can get. Unfortunately, in some cases, major accidents occur when motorists are trying to merge. This raises an important question: Who is at fault for a merging accident in California? (more…)
Under California premises liability laws a person who was injured on someone else’s property – whether the property was owned/managed by a business, an apartment complex, a private homeowner, or a government entity – may be entitled to financial compensation for their damages. Indeed, negligent property owners can be held financially responsible for injuries through a premises liability claim. Our legal team highlights the key things you need to know about California premises liability laws.
Alarmingly, medical negligence is one of the leading causes of death in the United States, and proving medical malpractice in California can be difficult. A 2016 study cited by The Washington Post found that only cancer and heart problems are to blame for more deaths than medical errors. If you or your family member suffered any type of injury or health complication as the result of medical negligence, you may be eligible to recover compensation through a medical malpractice claim.
Fall accidents are one of the leading causes of severe injuries — and fatalities — for older Americans. According to the most recent data from the National Council on Aging (NCOA), more than 800,000 senior citizens are hospitalized after a fall accident every year.
If you were injured in a car crash in California, you may be eligible to recover compensation from the at-fault driver including pain and suffering. Injured victims deserve compensation for the full value of their damages. This includes recovery for all monetary losses, such as past and future medical expenses and lost wages. Read on to learn more about the pain and suffering formula in California.
The San Francisco Bay Area is one of the most popular places to visit in the entire country. According to San Francisco Travel, approximately 25 million people visit the region each year. While Northern California is undoubtedly a wonderful vacation spot, unfortunately, an accident can happen on any trip.
Passed into law in 1908, the Federal Employers’ Liability Act (FELA) provides important legal protections and a path to financial compensation to railroad workers who were injured while on the job. FELA is a highly complex federal law. If you or your family member was hurt while working as a railroad employee, it is imperative that you seek immediate assistance from an experienced San Francisco railroad injury attorney. (more…)
When parents trust their child to the care of another party, they are forced to put a tremendous amount of faith in the hands of the caregiver. Parents should be able to rest easy knowing their child’s health, safety, and well-being are fully protected. Yet sadly, in far too many cases, children are abused. According to the most recent data from the American Society for the Positive Care of Children (SPCC), millions of American children are abused or neglected each year. Even more alarmingly, SPCC reports that 75 percent of child victims are under the age of seven.
Led by the San Francisco-based companies Uber and Lyft, the ridesharing industry has exploded in popularity over the last five years. According to recent data from Statista, ridesharing companies now take in nearly $20 billion a year in revenue in the United States. While these vehicles offer some consumers an affordable and convenient source of transportation, there is always a risk that a serious car accident will occur.
Unfortunately, hundreds of major car accidents are reported every day across the state of California. According to the California Highway Patrol, more than 250,000 people are injured in highway collisions each year.