Posts tagged with "attorney"

Why you should speak to a lawyer following a personal injury 

Personal injury claims may relate to any injury where the person or company responsible for your physical or mental suffering could have reasonably done more to prevent the injury. There are many different ways this can come about, whether it be a slip in the workplace or a car accident that wasn’t your fault (find a car accident lawyer in the city of Chicago if you have been affected). Let’s look at why you should speak to a lawyer following a personal injury. 

The legal system is complicated

Beginning a claim for personal injury compensation is not as straightforward as you might think. The process is, in fact, multifaceted. For example, the outcome of any claim will be based on evidence – where there is little or no evidence, the courts may not see fit to reward compensation. This means that starting any case begins with gathering relevant evidence. Next, the case must be filed in the appropriate way with the courts, and the other side must be informed of your intention to prosecute. If you don’t have an in-depth understanding of the legal system, speak to a lawyer for more information about beginning a claim for personal injury compensation.

Claims move faster when there is structure

All too often, people believe that their claim for personal injury compensation will, sort of, just, take care of itself, as long as they make their situation known to the person or company responsible for having caused the injury. Unfortunately, you may find that the person or company responsible for having caused your injury is slow to progress your grievance towards a mutually agreeable solution. In essence, you could find that following an initial interest in your well-being, their interest begins to wane, and you could face unanswered emails and unreturned calls. By speaking to a personal injury lawyer, you will be in a position to understand the structure of the claims process, meaning you will be able to stop relying on the other side to do the right thing and you will instead be able to put in motion a meaningful progression towards the outcome you desire.

Challenge the other side’s valuation of your claim

Some people may not realise that when an offer is made by the other side, the quoted settlement figure is not necessarily the final figure that must be accepted. The whole point in the offer is to bring the case to a close, thus avoiding court and therefore keeping costs down (the majority of personal injury compensation claims do not progress to court for this reason). By speaking to a personal injury lawyer who has experience in your type of claim, you stand to learn more about what kind of settlement offer represents a fair valuation of your claim and what kind of settlement offers fall short of bringing your claim to a close.

Lawyers have a greater understanding of what to include in your claim

Your personal injury compensation claim is not limited to claiming for obvious things such as lost earnings and damage to personal property. By speaking to a lawyer, you could learn that, depending on your circumstances, your claim could include factors such as ongoing and future medical bills. Always speak to a lawyer for more information if you are unsure.    

Employee Employment Rights in California

As an employer and employee, there are certain rights and laws that you should familiarize yourself with since these laws impact current, former, and future employees of a company. A lot of lawsuits that companies find themselves wrapped up in involve simple disputes that could have been avoided had everyone known and followed the laws. Both sides need to know the laws when it comes to employee rights and they are constantly changing and evolving to make it better for everyone involved. When employee rights are intentionally violated, one should seek out an employment lawyer

What Are Some of the Biggest Employee Employment Rights in California?

One of the biggest sections of the employee employment rights in the state of California has to do with discrimination. While discrimination is illegal at both the state and federal level, there’s still discrimination happening all over. Even though the Civil Rights Act of 1964 made discrimination illegal, it’s still a huge problem for companies as the rights evolve for certain groups.

  • It’s illegal for a company to discriminate against someone due to their gender or sex. A job applicant cannot be treated unfairly due to their gender identity. In California, this includes the transgender community. Both men and women also should be paid equally for equal work which was mandated in the Equal Pay Act.
  • You cannot be discriminated against for your nationality, race, and religion due to laws established by the Equal Employment Opportunity Commission. The Civil Rights Act of 1965 makes it federally illegal for an employer to discriminate against anyone for these characteristics. An employer cannot hire, fire, discipline, demote, harass, or refuse to hire someone based on race, religion, color, or national origin.
  • An employee also has rights when it comes to disabilities and the Americans with Disabilities Act protects employees with those issues. Employers cannot discriminate against someone with a disability, which includes hiring, not hiring, firing, demoting, or reassigning someone. Reasonable accommodations are expected to be given by the employer, such as more breaks if the person is diabetic and needs medication or needs food. If the person is in a wheelchair, proper parking spaces and accommodations must be made free of charge to that employee.
  • It’s also illegal for an employer to discriminate based on age due to the Age Discrimination in Employment Act. An employer cannot fire or refuse to hire someone due to them being over the age of 40. It’s illegal for any company to fire older employees just to bring in younger ones at much lower pay.

California Wage & Hour Employee Rights

It’s important to note that in California, the wage and hour laws are only applicable to those that are non-exempt. Meaning, if you’re not a full-time employee or you’re an independent contractor, the overtime and meal break laws will not apply. Exempt employees often include those in administrative, professional, and executive roles.

  • Employers are required to pay an employee the minimum wage which changes quite often. By the year 2022, California will make it required that companies provide a $15 an hour minimum wage.
  • You also have the right to receive overtime pay if you work more than 40 hours in one week or more than 8 hours in one day. An employer cannot try to get around these rules by demanding an employee work off the clock. If there are more than 12 hours of work in a day, then the employer has to pay double time.
  • Meal breaks must be given if an employee works for more than five hours in one day and the meal break must be 30 minutes or more. If an employee works over 10 hours in one day, then they will also get an additional meal break of 30 minutes. Rest periods are a right for all employees as well. It’s a right that those within the non-exempt category get at least one 10-minute break every four hours.

Termination & At-Will Laws

California law is that most employees work in an “at-will” category, meaning that an employee can fire you at any time for any reason. The employer doesn’t have to justify the firing but it cannot be termination based on retaliation or discrimination. An example of this would be if someone was fired after they filed a sexual harassment complaint against a co-worker. Being fired for filing that complaint would be illegal. If there was discrimination or retaliation at play in the firing, a wrongful termination lawsuit would be justified. For overtime and unpaid wages, consult with an unpaid and overtime lawyer.

Juvenile Law Center – Board of Directors

By Cassandra Yany

Juvenile Law Center announced Wednesday the appointment of four new members to the Board of Directors. Khaliah Ali, Daniel Okonkwo, Robert Parker and Eli Segal will join the governing body of the national organization, based in Philadelphia. The center is the country’s first nonprofit public interest law firm for children’s rights.

Meet the new members:

Khaliah Ali

Khaliah Ali, the daughter of boxing legend and social justice activist Muhummad Ali, is a fashion designer, author and humanitarian. She first connected with Juvenile Law Center after she read about the child abuse crisis at Glen Mills Schools in Delaware County, PA where she resides. This led her to begin speaking and writing in support of the organization’s fight for children in juvenile facilities.

“I am so honored to serve on Juvenile Law Center’s board,” Ali said. “Additionally as the daughter of the late boxer Muhammad Ali, I am honored to help curate my father‘s legacy through such a laudable cause.”

R. Daniel Okonkwo, Esq.

R. Daniel Okonkwo, Esq. is an attorney and public policy expert with significant experience in the policy, advocacy and nonprofit sectors. Okonkwo is the Vice President (Relationship Manager) in the Office of Nonprofit Engagement at JPMorgan Chase and Co., where he is responsible for building relationships with key stakeholders and grantmaking in the Mid-Atlantic region. He also manages a national grant portfolio that focuses on nonprofit capacity building and civil rights organizations.

“I am thrilled and honored to join Juvenile Law Center’s Board of Directors,” said Okonkwo. “The organization has been at the forefront of the work to ensure that young people are protected from unjust treatment in the various systems that impact their lives. Juvenile Law Center is an organization that I have admired for a long time and I look forward to supporting their work on behalf of young people across the country.”

Robert P. Parker

Robert P. Parker spent 14 years as a partner in the Litigation Department of Paul, Weiss before joining a D.C.-based technology/litigation focused firm in 2013. His practice centers on complex civil matters involving technology, regulatory and commercial issues. Parker represents some of the world’s most established companies, as well as start-up enterprises in a variety of commercial and litigation matters. He is ranked among Washington D.C.’s Super Lawyers in the area of IP litigation and has previously served as the chairman for the National Council of Adoption’s Board of Directors.

“Too often, children and teens become lost in the juvenile justice system – civil and criminal. The impact on their lives, their families, and society at large is beyond calculation,” said Parker. “I am delighted to join Juvenile Law Center’s efforts to ensure that no more juveniles get lost in our courts or in their placements.”

Eli Segal

Eli Segal is a partner at the law firm of Troutman Pepper, where he focuses on representing journalists in First Amendment matters, colleges and universities in their unique legal issues, and other businesses and individuals within the spectrum of commercial litigation. He is the co-chair of Troutman Pepper’s First Amendment and Newsroom practice.

“I volunteered at Juvenile Law Center years ago during college and law school and am thrilled to have the opportunity to contribute again to the organization’s vitally important work,” said Segal.

Juvenile Law Center says it is proud to welcome these distinguished individuals to its Board of Directors. “Our Board of Directors is an integral part of Juvenile Law Center and it is a joy and privilege to work with them,” said Sue Mangold, the Chief Executive Officer. “We are thrilled to welcome Khaliah Ali, Daniel Okonkwo, Robert Parker and Eli Segal. Each is already engaged in our work and brings valuable expertise and experience to our board.”

About Juvenile Law Center

Juvenile Law Center advocates for rights, dignity, equity and opportunity for youth in the foster care and justice systems.

Founded in 1975, Juvenile Law Center is the first non-profit, public interest law firm for children in the country. We fight for youth through litigation, appellate advocacy and submission of amicus (friend-of-the-court) briefs, policy reform, public education, training, consulting, and strategic communications. Widely published and internationally recognized as leaders in the field, Juvenile Law Center has substantially shaped the development of law and policy on behalf of youth. We strive to ensure that laws, policies, and practices affecting youth advance racial and economic equity and are rooted in research, consistent with children’s unique developmental characteristics, and reflective of international human rights values. For more information about Juvenile Law Center’s work, visit www.JLC.org.

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Philly Police Sues Mayor,DA, Commissioners

Today, Larry Klayman, the founder of Judicial Watch and Freedom Watch, and the current chairman and general counsel of the latter, announced the filing of suit against the The Plainview Project, Mayor Jim Kenney, Soros financed District Attorney Larry Krasner and the former and current Philadelphia Police Commissioners Richard Roth and Danielle Outlaw. The complaint, which can be viewed at www.freedomwatchusa.org, alleges discrimination on the basis of race, ethnicity and sex, insofar as the plaintiffs, six Philly cops, were terminated and/or constructively terminated for private social media posts which were illegally hacked by defendant The Plainview Project, a radical anti-police left wing group, likely financed by George Soros. The social media posts were falsely characterized by the defendants as racist, homophobic and Islamophobic, in an contrived effort to remove them from the police force for political purposes. As a result, the complaint also contains counts for defamation, intentional infliction of emotional distress and violation of constitutional rights.

The complaint, which plaintiffs reserved the right to later convert to a class action for all similarly situated Philly police, was filed in the U.S. District Court for the Eastern District of Pennsylvania and is styled Melvin et. al v. Kenney et. al, Case No. 2:20-cv-003529.

Klayman, who was born and raised in Philadelphia as was his local co-counsel Andrew Teitelman, had this to say on behalf of his clients after filing suit:

“There is a systematic effort by these defendants to harm and endanger the police, in order that the left can take control of not just major cities like Philadelphia but the nation as a whole. My clients, brave Philly cops who risked their lives in one of the most dangerous of cities, are being made the scapegoats for hack leftist politicians, district attorneys and their enablers, such as George Soros, in order to seize control over our body politic. White male cops in particular have been targeted for extinction, based on discrimination. We at Freedom Watch believe that all citizens, including white male cops, deserve to be respected and to that end we have brought suit for damage and other relief in excess of $90,000,000 USD. The defendants must be taught a lesson they will never forget.”

Crime, Vaughn Lowery, Allison Christensen, 360 MAGAZINE

Snapped: Betty Broderick

Oxygen, the network for high-quality true crime programming, takes a deep dive into the story that captivated a nation, the case of La Jolla socialite Betty Broderick, in  “Snapped: Betty Broderick,” premiering Wednesday, July 15, at 8PM ET/PT. Convicted of murdering her ex-husband, Dan Broderick and his new wife, Linda Broderick on November 5, 1989, “Snapped”  investigates the tale of a woman scorned, a shattered family, and a violent double-murder. For a sneak peek, please visit: https://www.oxygen.com/snapped/season-25/videos/the-case-of-betty-broderick. 

“Snapped: Betty Broderick,” depicts  the shocking details of the heinous murders of Betty’s ex-husband, Dan, and his new wife, Linda, along with the investigation, and trial that led to Betty’s 32-years-to-life sentence. Through in-depth interviews with former detective, Terry Degelder, friends of Dan Broderick, Betty’s attorney Jack Farley, and the author of Forsaking All Others: The Real Betty Broderick Story, Loretta Schwartz-Nobel, the episode delves into the history of Betty and Dan’s relationship and its ultimate demise. Taking a different perspective, the special aims to unravel the age-old question: Had Betty Broderick been plotting a murderous attack all along against a husband who took her for granted for years, left her for a younger woman, and put her through a vicious custody trial—or did she just snap?

For more information, visit here.

Lexus Performance Driving School, 360 MAGAZINE, Lexus, Toyota, WeatherTech Raceway Laguna Seca

What to Include in the Police Accident Report

Accidents can happen anywhere, anytime, to anyone, and without a warning or time to prepare. According to a report, more than 37,000 people lose their lives to road accidents each year in the US, around 2.35 million people are subject to injuries or disabilities due to accidents, and these accidents amount to $230.6 billion in costs (around $820 per person). No matter how many precautions you take while driving, you still might get into an accident with no fault of yours, as many times you just happen to be in the wrong place at the wrong time. While what you do before the accident might not have such a big impact on the situation, what you do after an accident is very important, and is under your control.

In an unfortunate instance of an accident, the first thing you need to do is keep your calm and make sure that you are alright and check to see if any injuries have been incurred by you or other people involved in the accident. If there are any injuries, you should immediately call for emergency services and inform the police.

It is very important to make a police accident report after an accident, even if it is a minor one. The Texas law requires the individual to report the accident to the police if the damages exceed $1,000, or there is an injury or death. If you do not report the accident despite the conditions mentioned earlier, you might face a fine of $5,000. Even if the police do not come to the scene due to whatever reason, you still might have to file an accident report with the Texas Department of Transportation.

The essential things that must be included in the police accident report are:

Witness accounts

Whether you think what they have to say is of any importance or not, the statements of any witnesses present on the scene must be included in the police accident report, as these statements might help you out in any future legal actions. The statements are usually taken by the police but in case no police are present, you can record these on your mobile phone.

Details

Complete details need to be included in the report including the place, time, date of the accident, the people involved in the accident, details of the vehicles involved in the accident, and how and why the accident took place. The details should be as rich as possible as you never know what information might be useful in the future if there are any lawsuits or insurance claims. The details of the conditions in which the accident took place also need to be mentioned in the report including the weather, road and lighting conditions at the time and place of the accident.

Injuries and damage

The report should include the injuries incurred by the people involved in the accident and the damage incurred by the cars involved in the accident.

360 MAGAZINE, Vaughn Lowery, medicine

How Can Medical Malpractice Affect You?

Unfortunately, sometimes in life accidents happen and mistakes are made. The medical industry is no different, and although the vast majority of times you go into hospital, you will receive top rate care, there are times when medical practitioners make mistakes. 

In 2013, over $3 billion was spent settling medical malpractice suits in the US. This is a staggering amount of money, but it reflects the huge impact medical negligence can have on a person’s life. 

So, what is medical malpractice, and how can it affect you?

What is Medical Malpractice?

Medical malpractice is when a healthcare provider fails to meet established healthcare standards. This can be through negligence, poor communication, or diagnostic errors, but all can lead to increased suffering for a patient. 

In the medical industry, small errors can have big consequences, and any mistakes can severely impact the quality of life of the patient. As a result, there can often be high levels of compensation for medical malpractice suits, leading to the figure of $3 billion being spent on medical malpractice suits in 2013. 

What Types of Medical Malpractice are There?

Medical malpractice can lead to a variety of different injuries and illnesses. If poor treatment led to you sustaining a new injury or illness, or for your illness or injury to become worse, then you may have suffered from medical malpractice. 
Some common malpractice scenarios are:

Inability to diagnose in a timely manner – this can happen in a wide variety of illnesses such as cancer, heart problems, and strokes, among other conditions. 

Errors during anaesthesia.

Surgical errors.

Receiving the wrong medicine.

Injuries sustained during labor.

These errors, and many others can have a big impact on your life, or the life of a loved one, and the law is there to make sure you don’t suffer any more than you have to. 

What Does a Malpractice Claim Cover?

Medical malpractice can impact your life in many different ways. Not only do you face medical costs, and potentially the cost of future care, but if you’re away from work for a period of time, then you will also lose income. 

You shouldn’t have to suffer these costs if you’ve been in an accident that wasn’t your fault, and therefore a medical malpractice claim can cover you for:

Expenses as part of your daily living, such as getting to appointments, equipment to help you with your debility. 

Lost earnings during the time you have been unable to work.

Cost of surgeries and medical procedures.

Adaptations to your home.

Cost of future care.

Future earnings you might lose because you are not able to work. 

Do I Need a Lawyer?

An experienced lawyer can help put your mind at ease that you have a professional looking after your case. Filing a successful medical malpractice case isn’t straight forward and your chances of being successful are much greater if you have a lawyer on your side. 
With an attorney looking after the legal side of things for you, you can concentrate on your recovery and getting better. 

Family Members of Deadly Ethiopian Airlines Flight 302 Victims Seeking One Billion Dollars in Damages From Boeing

Ribbeck Law Chartered, which represents the majority of families of the victims of the deadly Boeing 737 MAX 8 crashes, and Global Aviation Law Group, recently filed additional lawsuits against Boeing, in U.S. federal court in Chicago. This is the latest in a growing number of lawsuits filed against Boeing in the aftermath of two fatal crashes in less than five months.

Ethiopian Airlines Flight 302 crashed six minutes after taking off from Addis Ababa Bole International Airport, killing all 157 people on board, from more than two dozen countries. The flight impacted a farm field at nearly 700 miles per hour, which created a crater 90 feet wide and 120 feet long. The force of the crash caused wreckage to be driven into the soil up to 30 feet deep.

Manual von Ribbeck of Ribbeck Law Chartered stated, “The filings today are on behalf of the families of the victims of Ethiopian Airlines flight 302 specifically.” “It has been nearly 10 months since the deadly crash of Lion Air flight 610 and 5 months since the crash of Ethiopian Airlines 302, and it does not appear that Boeing is interested in any out of court settlement.” “The families we represent are seeking what they are entitled to under the law, nothing less, nothing more.” Mr von Ribbeck adds, “We had hoped that based on the over whelming evidence against Boeing that Boeing was going to be reasonable and finally give some closure to the families, but it is not the case. We basically had no other choice but to file more lawsuits.”

Currently, Ribbeck Law Chartered represents families of passengers from America, Europe, Africa, Asia and the Pacific Basin, and is litigating in American Courts representing victims from airplane incidents that occurred in North America, Asia, South America, Central America, the Caribbean, Europe, and Africa.