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Sexual Harassment: A FAQ, Part 2
Sexual abuse lawsuits, filed by a personal injury attorney who specializes in sexual harassment cases, could have serious consequences and should not be taken lightly. Settlements and verdicts have known to be large, reflecting what society views as the seriousness of the offense. That makes it vital to perform your due diligence when selecting a sexual harassment attorney. How do you define "sexual harassment"? Sexual harassment is undesired visual, verbal, and/or physical sexual...

Sexual Harassment: A FAQ, Part 1
The potential legal damages that can come about as a result of sexual harassment on the job reflect the seriousness of the offense. An experienced personal injury lawyer who specializes in sexual harassment - known also as a sexual harassment attorney - will be able to file a claim on your behalf and, if necessary, take the case to trial. Can asking a co-worker out on a date be considered sexual harassment? The answer is typically "no" unless after being turned down one is persistent,...

Don't Allow Your Attorney to Force a Settlement - It Could Be Legal Malpractice
If you agree to a settlement you may lose the right to sue your attorney for malpractice. If you believe your attorney has committed malpractice, speak to a legal malpractice lawyer before agreeing to a settlement. Quite often, a client will follow the advice of a lawyer to the letter. But lawyers sometimes make mistakes, acting out of negligence or conflicting self-interest. In such cases as with divorce or personal injury, that can lead to unsatisfactory results that can cost a client...

Does a Personal Injury Attorney’s Trial Record Affect a Case?
Insurance companies and their representatives know which personal injury attorneys have a proven record of winning at trial and those who do not. It is believed that insurance companies pay larger settlements to attorneys who they know are capable of successfully winning a case at trial. A personal injury attorney who lacks experience is often intimidated by insurance company attorneys and may often try to settle for an amount that is less than the case is worth in order to get the case...

Medical Malpractice and Tort Reform
Political debates, television news, and radio sound bites regarding healthcare and medical malpractice reform commonly use the phrase “tort reform”, but seldom provide any in-depth information about what tort reform is or what it entails. The simple definition of the word ”tort” is injury or wrongful act. To be more specific, a tort has been committed when physical, emotional, or financial injury has been caused against another party, regardless of the act being intentional or...

When Workplace Sexual Harassment Violates the Law
It does not take an overt sexual advance from a superior in the workplace for an employee to feel humiliated, threatened or offended. Sex harassment takes many forms – crude gestures, leering, a display of sexually suggestive images, slurs and jokes – as well as unwanted touching, advances, sexual abuse and sexual assault. The harassment may be made worse with threats or acts of retaliation against the employee who rebuffs or reports these illegal activities. Fortunately, California laws on...

Bankruptcy Law Firm Failures Often Constitute Legal Malpractice
In the current economic environment, it is routine news that households facing hardship often file for bankruptcy. Serving this unfortunately large and growing segment of the population are law firms that are sometimes called "bankruptcy mills," which work at lower fees with scores of clients simultaneously. But like pouring salt in a wound, their lower fees and production line approach to bankruptcy filings often lead to shoddy work that often qualifies as legal malpractice. Sadly, many...

Cardiology Medical Malpractice Cases are On the Rise
Cardiology patients who have received surgically implanted coronary artery stents on a possibly medically unnecessary basis have been contacting their local medical malpractice attorney in greater numbers than ever in the first three months of this year. Individual as well as class action medical malpractice lawsuits against individual physicians, hospitals, and health care corporations have proliferated after a 2010 audit of coronary artery stent insertions revealed that the procedures were...

Product Liability and the California Statute of Limitations
How soon must a lawsuit be filed for product liability accidents in California? The California statute of limitations is stringent. But the clock starts ticking on an injury only after it is discovered, months or years after the accident. We assume that when we purchase a product it has been screened for any possible harm it may cause us. Or, if there are dangers, that they are apparent - for example with firearms, knives or fireworks. We can reasonably expect products such as food,...

Dog Bites and the Law: Homeowner Association Liability
Homeowner Associations Can Be Liable for Dog Bites in Common Areas Condominium associations are empowered to limit pets in common areas, say dog bite lawyers - and should, to avoid lawsuits. Given that more than 527 dog bite claims were filed with insurance companies in California in 2011, it should come as no surprise that personal injury lawyers who specialize in dog bites are busy seeking compensation for victims, who can amass huge medical bills and have lost time from work due to...

Sexual Harassment: What Employers Need to Know
Your employer is responsible for any act of sexual harassment in the workplace. The wise employer takes preventive measures to ensure that sexual abuse does not occur between its employees, and stays well informed on more than just the basics. In the State of California, an employer is defined any person regularly employing five or more persons. The old adage that prevention is the best cure is certainly true in cases of sexual harassment. The employer who takes proactive steps to...

Understanding Cosmetic Surgery Malpractice
Cosmetic surgery helps improve their self-confidence or correct for an injury or a birth defect. But when surgery causes new problems – disfigurement, illness or death – responsible doctors, professional staff, medical facilities or pharmaceutical manufacturers should cover the costs of their negligence. When this happens, you need to contact an experienced personal injury attorney – also known as a medical malpractice attorney - who has extensive experience with cosmetic surgeries gone bad....

Sexual Harassment: Can I Sue My Employer?
Regardless if you are male or female, you have every right to contact a sexual harassment attorney if co-workers or owners of your company physically or verbally offended you in a sexually inappropriate way. But it’s a tricky area of law, one that requires close examination of key details. First, it’s important to understand that federal law – Title VII of the Civil Rights Act of 1964, administered through the Equal Employment Opportunity Commission – is widely understood to mean that women...

Medical Malpractice or Simple Negligence?
A medical malpractice lawyer needs to decide if he will accept a possible legal case. The potential lawsuit presented to him for consideration is as follows: A patient sustained a broken limb while hospitalized, through no fault of his own. Is the situation a case of actual medical malpractice, or just a case of simple negligence? The details of the case as well as the medical malpractice attorney's decision are included below. See if you agree with his decision. A senior age male had...

Medical Malpractice and Patient Confidentiality
Breaking a patient - physician confidentiality is one type of medical malpractice and can be grounds for a medical malpractice lawsuit filed by a personal injury lawyer who specializes in medical malpractice cases, otherwise known as a “medical malpractice attorney”. Those seeking medical care or advice implicitly trust that their personal information will be kept safe from disclosure to unauthorized parties. Every patient has a right to feel safe in that trust, and can suffer in several...

Medical Malpractice: The Details of Damages
Damages in a medical malpractice lawsuit are classified as either “economic”, “non-economic.” or punitive/exemplary. Medical malpractice: Economic damages Economic damages are also called “special damages”, and non-economic damages are known as “general damages”. While these damage awards are very different, both are given with the intent to help the victim return as close as possible to the condition in which they existed prior to the event that prompted them to hire a medical...

Legal Malpractice and Punitive and Emotional Distress Awards
Lawsuits that involve attorney negligence typically involve recovering compensatory damages from subpar legal representation. The courts will sometimes also award punitive damages to the plaintiff as a result of a lawyer’s breach of his fiduciary duties. These types of lawsuits are referred to as "legal malpractice" cases brought by legal malpractice attorneys. Most often, the damage awards are based on actual loss. An example is when an individual loses a medical malpractice case, where...

Dog Bites and the Law: Civil Versus Criminal Penalties
Pet Owners Can Face Civil and Criminal Penalties for Dog Bites Dog owners can face fines and imprisonment in egregious dog bite incidences. Personal injury attorneys help victims recover their financial losses from attacks. While most incidences of dog bites – and cause for hiring a dog bite attorney – are resolved in civil courts, there are situations where criminal charges can be levied against the owner of the attack dog. Offenses include failing to have a dog vaccinated prior to the...

Sexual Harassment: When Words Have Consequences
“Sticks and stones may break my bones but words can never hurt me.” So goes the childhood adage. But when an employer or co-worker directs abusive language of a sexual nature toward an employee, those words can impact that individual’s ability to work. Words can be demeaning or threatening, and are sometimes grounds for a discrimination lawsuit filed by a personal injury attorney who specializes in sexual harassment, often called a sexual harassment attorney. Verbal sex harassment is serious...

Sexual Harassment: What To Do When It Happens to You
As one who worked for many years for a personal injury lawyer who specialized in handling sexual abuse cases, otherwise known as a sexual harassment attorney, I have the following important information to offer: If you are experiencing sexual harassment at work, there are some specific things you need to do. Keep a record of exactly what the harasser said and/or did. Be as detailed as possible. Describe how you responded to their actions. Note the exact date and time, location, witnesses,...

The Right Time to Contact a Sexual Harassment Attorney
When is the right time to contact a sexual harassment attorney about inappropriate professional behavior? Most cases handled by a sex harassment lawyer are directed at employers who allow sexual assault to occur in the workplace. This is because unprofessional conduct of a sexual nature happens with frequency in employment and business situations. But there are professional situations – in business, academia and between vendors and customers or clients – where inappropriate sexual behaviors...

Sexual Harassment: Ten Surprising Facts
Sexual harassment doesn’t have to involve physical touch. Verbal abuse such as sexual banter, telling lewd jokes, asking personal questions of a sexual nature, and singing songs with crude lyrics can also counts as sexual harassment. Visual acts such as posting lewd photos at work, viewing lewd photos on the computer and making crude gestures and expressions can also be part of a sexual harassment claim filed by a personal injury attorney who specializes in sex harassment claims, also known...

Quid Pro Quo Sex Harassment and Your Legal Recourse
Starlets winning movie roles by way of a movie producer’s casting couch is the stuff of Hollywood legend. But as any sexual harassment attorney will tell you, the quid pro quo (“sex for favors”) scenario is commonplace in virtually every industry. It can happen in a prestigious law firm or corporate executive suite as much as in a manufacturing plant or big box retail store. Sexual harassment and sexual assault – sometimes but not always a criminal act and subject to criminal law – is...

Medical Malpractice and the Good Samaritan Law
Good Samaritan Laws exist in many States in the US and are intended to protect a citizen from prosecution if they unwittingly harm or exacerbate a victim’s medical condition while in the process of attempting to render aid in the case of a motor vehicle accident or other medical emergency. If a medical professional, such as a physician or nurse or EMT harms or exacerbates the medical condition of a victim, they can be sued by a medical malpractice lawyer in behalf of the victim and held...

Wrongful Police Shootings - The First 24 Hours
What to Do in the First 24 Hours After a Wrongful Police Shooting When a police officer oversteps his authority with an unjustified shooting, the victim should consider a lawsuit. Acting within 24 hours strengthens the victim’s case. Police officers of course use weapons, including guns, to apprehend suspects in crimes and to keep the peace. But there is such a thing as a wrongful police shooting, where the police use unreasonable or excessive force in the execution of their duties....

Police Sexual Misconduct - Frequently Asked Questions
Learn what to do when a police officer sexually batters or harasses you. Police officers who are sexual predators take advantage of their position of authority. But it is unlawful for a law enforcement officer to sexually harass or batter anyone, even if the victim has committed a crime or is under arrest. When the perpetrator of rape or other sexual misconduct is an officer of the law, it can be a doubly frightening and perplexing situation to the victim. Some police officers may think...

FAQ for Supervisors: The Rules on Sexual Harassment
Title VII of the 1964 Civil Rights Act and the California Fair Employment and Housing Act (FEHA) have made for less hostile conditions under which men and women are better able to perform their jobs. However, because human psychology and non-discrimination laws intersect in the workplace, it is essential for workplace supervisors to understand where they and their employer may be vulnerable to violation of the statutes. These questions and answers provide important top line guidelines: Q:...

FAQ for Employees: Sexual Harassment and the Law
The “he said-she said” nature of sexual harassment claims reared its ugly head once again in the sphere of presidential politics in the fall of 2011. One candidate made headlines for allegedly harassing women in a workplace context, charges that dance between criminality and workplace hostility. While workplace sexual impropriety is not usually a matter of criminal law, it can affect careers and is subject to civil litigation brought by personal injury attorneys who specialize in sex...

Dog Bites and the Law: Police Liability
Under California Law Police Are Liable for Unreasonable Police Dog Attacks Police dogs are allowed to inflict injuries on some crime suspects while apprehending them. Contact a dog bite injury attorney to learn the limits. Police service dogs are skillfully trained animals that perform an important law enforcement function. Part of their training includes attacking a suspected perpetrator of dangerous crimes, and they have been a part of law enforcement for many years. Modern use of...

Should You Pursue a Legal Malpractice Lawsuit?
Mistakes made by an attorney can have significant, costly consequences for his or her client. As such, California law provides for individuals and organizations to recover loses in incidents where their legal counsel failed to perform according to the standards of the profession. This is known as legal malpractice, a very specialized area of the law that is typically handled by a personal injury lawyer specializing in prosecuting these types of cases. Though this area of the law falls under...

Medical Malpractice and Prescription Malpractice
The scope of prescription malpractice can encompass more than one area of personal injury law. One type of case where a prescription malpractice lawsuit may occur is the unfortunately all-too-common incident where an incorrect medication is administered to a patient resulting in irreversible injury or wrongful death. The reasons this error happens include the fact that many medications have names that sound very similar, and that labels on mediation bottles are not large or clear enough to be...

Dog Bites, the Law and Landlord Liability
Landlords Can Bear Liability for Tenants’ Dogs That Bite If a tenant’s dog is dangerous and that dog causes injury to others, the landlord might bear legal responsibility. A personal injury attorney should investigate it. The effects of serious dog bites can be devastating for all involved. The victim may suffer injuries that are disfiguring, costly and leave permanent physical and emotional scars. The dog may need to be destroyed. The owner of the dog might face criminal charges if the...

Dog Bites and Legal Rights in California
The Rights and Responsibilities Under California Dog Bite Laws Persons who have been attacked by dogs are due legal redress and compensation. But dog owners (and dogs) have rights, too. Lawyers for both sides make their case. When man bites dog it’s news, they say. But when dog bites man, it is a case for a dog bite lawyer. Why? Simply, a dog bite – legally defined as any incident where the bite breaks the skin of the victim – can be costly in terms of medical care. It also can leave...

Burn Injuries and Legal Liability
Proving Legal Liability in Burn Injury Cases Requires Experienced Legal Counsel In burn injury lawsuits, judges and juries tend to be sympathetic to victims. But defense attorneys use several tactics to fight back. Few injuries cause as much physical and emotional devastation as burns to the face and body. When those burns are due to the fault of others, the victim should be compensated for both economic and non-economic costs. A personal injury attorney who specializes in burn...

Brain Injuries and Legal Liability
Who Bears Legal Liability for Brain Injuries? Traumatic brain injuries are devastating to one’s health, enjoyment of life and finances. When someone else’s negligence caused the injury, they are liable for its costs. There are many different causes of brain injuries: About half are from auto accidents, but what is referred to as TBIs – traumatic brain injuries – can come from simple slip-and-fall accidents, industrial or workplace mishaps, violent impacts in sports and recreation, and...

Bicyclist At Fault: Contact a Bicycle Accident Attorney
When a bicycle accident with injury occurs between an automobile and a bicycle, it is imperative that the injured party consults a bicycle accident attorney. Also known as a personal injury lawyer, a bicycle accident attorney is one especially skilled in the investigation of these types of accident, as well as experienced in arguing these cases in court. A bike accident that leaves the bicyclist seriously injured or dead is of course a catastrophic event. Bicyclists rightly deserve...

Bicycle Accidents and Legal Liability
Who Holds Legal – and Financial – Liability in Bicycle Accidents? Bicycling is on the upswing, but accidents, death and injury are too. When vehicle or road maintenance is at fault, litigation might recover resultant costs. Without question, America is returning to bicycling as a means of smart fitness and even smarter transportation. Our roads and streets, in Los Angeles and throughout the country, have been built exclusively for cars and trucks for many decades, but such programs as the...

Medical Malpractice, Wrong Site Surgery and the Universal Protocol
Cases of surgeons operating on the wrong leg, or removing a healthy kidney instead of the diseased one, or even performing the wrong operation on a patient are unfortunately all too common. Medical malpractice lawsuits, filed against surgeons and medical care professions by personal injury attorneys who specialize in these types of cases are also, unfortunately, all too common. The unacceptable and continuing occurrence of such wrong site surgeries and resulting medical malpractice lawsuits...

Legal Malpractice: Hire a Trial Attorney
A less-than-optimal outcome to litigation – for example, when a personal injury lawsuit results in a judgment that inadequately funds long-term healthcare expenses and lost income – is sometimes the result of legal malpractice. In such cases, another personal injury attorney that specializes in these types of cases can sue the attorney. (Such attorneys are also referred to as “legal malpractice attorneys”. Legal malpractice occurs when the personal injury attorney is either negligent,...

Hire An Experienced Trial Attorney for Sexual Harassment Lawsuits
Both federal and state laws in California that apply to sexual harassment in the workplace are clear. If a person does not consent to inappropriate or unwelcome behaviors of a hostile or sexual nature from another person or persons, the employer is responsible for ensuring such behaviors do not continue. If they do, a personal injury attorney may be necessary to protect the rights of the victim – and achieve appropriate monetary compensation for him or her. The personal injury lawyer working...

Assault and Battery, Criminal and Personal Injury Law
In our system of justice, there are incidents of violent crime where the court does not convict a violent offender. California criminal law holds that charges have to be proved beyond a reasonable doubt, such that the jury must be unanimous in reaching a guilty verdict. There are many notable cases where this has occurred. Fortunately, the system treats personal injury resulting from crime differently under civil law. That means that victims can still be compensated by the perpetrator...

Product Liability: What To Do When Injured By a Faulty Product
According to the U.S. Centers for Disease Control, more than 180,000 people die from injuries every year. For people under the age of 44, the 90,000 deaths per annum from injury are greater than deaths from non-communicable diseases (53,000) and infectious diseases (10,000) combined. The largest portion of these deaths is due to auto accidents, some are due to gunshot wounds and others from faulty consumer products. Personal injury attorneys are often hired in order to recover losses from...

Medical Malpractice and Misdiagnosis:Data, Causes and Consequences
Published data summaries of medical malpractice cases stemming from misdiagnosis are uncommon. Everyone, it seems, knows someone who has a tale of their experience with being misdiagnosed, but few comprehensive studies have been done on a regular basis to investigate the number of patients affected by misdiagnosis and how many of those patients seek a medical malpractice lawyer to help with devastating health and financial outcomes. Some of the Medical Provider factors contributing to...

Dog Bites and the Law: Establishing Liability
Dog Owners Can Be Held Liable If Their Dog Bites Another Person If a dog has bitten you and the dog owner was liable, you may need a dog bite attorney to pursue damages in a personal injury lawsuit. It is frightening to think that in an instant a serious injury might be inflicted on you or a loved one by another person’s dog. But almost always that is how it happens. A pleasant sidewalk stroll in your neighborhood, in a public park or even when visiting friends in their home can turn into...

When to Hire a Paralysis Injury Attorney
For a person who has suffered a paralyzing injury, time defines both the devastation and recovery – in starkly contrasting ways. The accident that caused the paralysis injury may have happened in a single moment, but the effects of the injury can last long, perhaps a lifetime. But both answer the question on when the time comes to hire a paralysis injury attorney: that is, as soon as possible! A paralysis injury is falls under the practice areas of personal injury attorneys who specialize in...

Spinal Cord Injury and Paralysis
Treatment and Long Term Complications Spinal cord injuries cause one to lose the ability to feel sensation and the ability to move. The severity of the loss of sensation and movement depends on the location of the injury on the spine. A spinal cord injury (SCI) survivor will experience a lifetime of ongoing treatment of different types and medical complications of varying degrees according to the severity of their injury. If you become paralyzed as a result of someone else’s negligence,...

Workplace Dating and Sexual Harassment
The fundamental principle of workplace sexual harassment law is this: all employees are due equal respect based on the quality of their work and their professionalism. No one can or should take away that right – not an unenlightened employer, supervisor, co-worker, client, customer or vendor. The work of a personal injury attorney who specializes in sex harassment in the workplace is to ensure those rights remain available to everyone. Several problems arise when co-workers become...

Premises Liability and Negligence: Steps to Recover Your Losses
If you have been injured away from your home due to negligence on the part of another property owner, you need to consider the costs that might fall on your shoulders as a result of that accident. If the expenses relating to healthcare and lost time from work – and possibly from pain and mental anguish – add up, you may need to contact a personal injury attorney to help you recover those expenses from the party that bears responsibility. A personal injury attorney who focuses his area of...

Medical Malpractice and Proximate Cause
“It wasn’t my fault!” That sentiment may be the familiar response of a school-age child when something goes awry. But it is also the essential point that a defendant may try to make while facing a medical malpractice lawsuit, particularly when a number of people and institutions have some connection to the injury. The legal principle is “proximate fault”, meaning the responsible party had some role in causing a medical injury. While it sounds and is a complex affair to sort out, personal injury...

Dog Parks, Dog Bites and Liability
Dog Owners Can Be Liable for Dog Bites in Dog Parks Dog bite attorneys: The establishment of dog parks -- fenced areas where dogs play off leash – do not exempt dog owners from vicious attack liability. Dog ownership rates have risen in recent years, and along with it an increase in dog parks in cities and suburbs across America. But as any dog bite lawyer can attest, setting aside a special area for off-leash play does not magically transforms dogs into docile creatures. Unfortunately,...

Car Accidents: Poor Road Design and Legal Liability
The way roads are designed may cause car accidents and poor road configuration can exacerbate the outcome of any vehicle accident. A large percentage of fatal car accidents are solo-vehicle accidents where the fatality might not have occurred if the road design had been different. Car accident attorneys who argue against unsafe road design for their clients at trial are challenged by sovereign immunity claims, as well as accident reconstruction details. Sovereign immunity generally conveys...

Dog Bites and the Legal Definition of "Bite"
California State Law Defines What a Dog Bite Actually Is Any victim of a dog bite is due information about that animal as it might affect that person’s own health. A dog bite attorney can help the victim recover losses. The legal definition of a dog bite (California Penal Code Section 398) is when the animal causes the skin of the victim to be punctured or broken. In fact, particularly vicious dog bites can involve the tearing of muscle tissue, leave permanent scars and lasting emotional...

Medical Malpractice and Wrong Site Surgery:Causes and Solutions
The occurrence of wrong site surgery in the United States has been recently estimated to be higher than two thousand cases each year. Unfortunately, the definite number is unknown due to a lack of laws mandating submission of wrong site surgery data to any authority or central body. Statistics come mostly from the filing of medical malpractice lawsuits by personal injury lawyers who specialize in medical malpractice cases. Included in the general category of “Wrong Site Surgery” are...

Car Accidents, Cell Phones and Liability
Which driver do you think is more dangerous? A drunk driver, or a driver who is talking or texting on their cell phone? You may be surprised to learn what experienced personal injury lawyers who handle car accidents already know: a driver who is talking or texting on a cell phone can be just as distracted, and therefore just as dangerous as a drunk driver. As cell phone technology finds its way into more and more cars, more and more car accidents are occurring as a result, causing injury to...

Spinal Cord Injury and Personal Injury Law
The law considers spinal injuries as serious or “catastrophic” injuries in terms of personal injury law. Personal injury attorneys – referred to also as “spine injury attorneys” – try these cases. In the even of a spine injury, immediately contact an experienced spine injury attorney with trial experience. Spinal cord injury (SCI) can be caused by several kinds of spine injuries resulting from motor vehicle accidents, sports injuries, acts of violence, and accidents due to unsafe or...

Dog Bites and the Law: Questions and Answers
We all know that dogs are man’s best friend and it is true. But because of the sheer numbers of dogs sharing our homes and lives, the numbers of dog bites that occur and proportionately high. Dog bites can be very frightening and can cause both short and long-term physical and emotional injury. When dog bites do occur, it is important to contact a personal injury attorney whose area of legal practice includes dog bites. All dog bite attorneys are personal injury attorneys but not all...

Medical Malpractice and Expert Witnesses
There is a fundamental challenge to all medical malpractice lawsuits. After a medical malpractice attorney wins a case, those who are neither medical providers nor economists are asked to devise a fair financial outcome for the patient who is the victim of a serious medical error that has led to substantial loss. For example, in a case where the medical provider erred in delivering a baby – and the mistake or mistakes resulted in a severe disability that would affect the child over his or...

Paralysis and Premises Liability
The term “slip and fall” quite often is inadequate for conveying how serious injuries can happen in the most innocuous circumstances. It is quite possible for a loose step, casually placed electrical wires or poor stair railings to cause a fall that results in paralysis injuries. Such injuries can easily render a person unable to work and overwhelm them financially with medical expenses. Premises liability accidents are in the category of personal injuries shared with dog bites, falling...

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