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Pedestrian Accident

Did you know that most pedestrian accidents occur between the hours of 6 and 9 p.m.? About 3 out of 4 accidents where a car hits a pedestrian take place in the dark. This is why it’s so important to wear bright, reflective clothing. If possible, wear flashing lights that can be seen from different angles.

Children only account for 21 percent of fatalities and 9 percent of pedestrian injuries. People in the age range of 20 to 24 have the highest rate of pedestrian injuries. Fatalities happen the most in pedestrians between the ages of 50 to 54.

These are all statistics, but it’s become personal. You or someone you care about has been hit by a car while crossing the street. You need advice on what to do next.

Continue reading “Hit By A Car Crossing The Street? Here’s What To Do Next”

Personal Injury California

If you’ve been injured in an accident, or on someone else’s property, you may be entitled to compensation. But US personal injury law is not consistent across all states. In fact, there’s nothing whatsoever in federal law about personal injury. Personal injury cases are decided on the basis of tort law, which varies by state.

So, what if you’ve been injured in the state of California? Or what if you’re being sued for personal injury? Here’s a quick guide to what you should expect.

California Tort Law is Based on Comparative Fault

In most states, tort law falls into two different categories: fault, and no fault. In a fault state, the person who is directly responsible for the accident is responsible for paying all related bills. For example, if someone is injured on your property in a fault state, you have to pay all their medical bills. Conversely, in a no-fault estate, a person’s insurance company is responsible for paying the bills.

California is a bit of an oddball. It’s a comparative fault state, which means that a judge or jury must decide what percentage of fault each person is responsible for. So, for example, if you’re in an accident, and the judge finds you 25 percent at fault, you will pay 25 percent of your medical bills, and the balance will be paid by the other driver’s insurance company.

California Insurance Companies Have Generous Deadlines

When you’re injured in an accident, you need to notify the other person’s insurance company. In the most common case, an auto accident, this would be an auto insurance company. The company will then have 15 days to acknowledge your claim. Within this period, expect to get a call from an actuary who will ask you questions about your claim. They will ask to record your answers, but California is a two-party consent state. You don’t have to let them record if you don’t want to.

The company will then have 40 days to either accept your claim or deny it. Most likely, they will offer you a settlement for less than your actual damages. To get a more fair payment, you should contact an attorney. The attorney can negotiate on your half to get a better deal. Either way, once a settlement has been reached, the company will have 30 days to pay you. In the event that you can’t reach an acceptable settlement, you’ll need to proceed with a lawsuit.

The California Statute of Limitations is Three Years

Not all injuries are immediately apparent. For example, a back injury such as a slipped disk can take months or even years to fully manifest. In California, you have up to three years to file a personal injury claim. A court can waive this requirement under certain circumstances, but you’ll need a qualified attorney to get that done.

Your Odds are Better With an Attorney

Regardless of whether you’re filing a claim or being sued, it’s a good idea to hire an attorney. The fact is that insurance companies have staffs of high-powered corporate lawyers who know insurance law like the back of their hands.

Odds are, you don’t have the legal expertise to take on this challenge by yourself. You need a professional attorney, someone who knows tort law just as well as the insurance company’s team. By hiring the right law firm, like the KJT Law Group, you’ll be well-equipped to handle any challenge the big corporate teams can throw at you.

If you’re in need of assistance, contact us online for a free consultation. Alternatively, you can email us at info@KJTLawGroup.com, or call us at (818)-507-8525. Our team is ready and willing to help you can get the justice you deserve.

Personal Injury in California

Being injured, even relatively mild injuries can cause serious disruption to your life and overall wellbeing. Personal injury laws exist to help people make a claim against the costs and disruption caused by an injury when that injury was caused by someone else’s carelessness, negligence, or recklessness.

In some cases, omitting critical information that causes someone to be injured, or even come kinds of intentional acts that cause someone to be injured, can both fall under personal injury law.

Personal Injury cases aren’t criminal cases in California. Instead, Personal Injury laws provide a way for victims to press civil liability to recoup financial, physical, and emotional losses.

While a personal injury suit can’t help you heal faster or undo the damage, successfully pressing a personal injury case can help you get the resources you need for medical bills, and may also cover lost income and assign a monetary compensation for pain and suffering.

What Falls Under Personal Injury Law in California?

One of the most important things you need to know about personal injury law is what kinds of situations qualify for personal injury cases. There are many situations that might justify a personal injury case, and it’s likely that many people don’t receive adequate compensation because they don’t know that they have a good case.

Of course, every case depends on the details, which can be best evaluated by a lawyer. But if you find yourself in one of these situations, or a similar situation, it’s a good idea to contact us for a consultation to see if you have a good case.

Common Personal Injury Claims:

  • Auto Accidents
  • Bike Accidents
  • Dog bite cases
  • Medical Malpractice (may also fall under other legal categories, depending on the case)
    • Medical malpractice suits also have strict reporting requirements. If you suspect you might have been a victim of medical malpractice, you must contact a lawyer as quickly as possible.
  • Manufacturing defects that caused injury to the consumer
  • Negligence directly resulting in injury
  • Slip and Fall accidents (in public and private spaces)
  • Construction accidents
  • Etc…

These kinds of claims aren’t cut and dry. While you might have a situation that looks like a personal injury case, there might be mitigating circumstances that change the situation.

For instance, dog bite cases might be harder to pursue if the victim was actively antagonizing the dog immediately before being bitten. If you’re bitten by a dog on a property with guard dog signs or other warnings of a potentially aggressive or anti-intruder trained animal, that may also affect your case.

Here’s another example. Your friend is renovating their house and knows that one area of the floor is weak and can’t be walked across yet. You come over to visit, walk across the damaged section of floor, and it gives way. You fall and are injured in the process. Your friend might be liable if they didn’t tell you the floor was weak.

But if your friend told you, and you walked across the floor anyway, they probably aren’t liable for the injury.

That’s because your friend might be considered negligent if they didn’t tell you, but if they did, it’s likely that they would be considered to have taken reasonable precautions to prevent the injury from happening.

Understanding Negligence:

California uses a pure comparative system of negligence. That’s because there are different levels of fault in different personal injury cases. Sometimes the defendant may be deemed 100% liable for the injury.

But if multiple parties were negligent, liability is spread between them according to how responsible each individual was for the injury.

The person who is injured in a personal injury suit can also be considered partially liable if they didn’t listen to warnings or posted signage or ignored obvious indicators of risk.

The Statute of Limitations:

California has a 2-year statute of limitations for most personal injury claims. Some, like medical malpractice claims, have much shorter periods, and you’ll need to move faster in those cases.

Also, if the defendant is a government entity, under California state law you only have six months to file an injury claim and may have to follow additional procedures to press your claim.

California also protects you if you don’t immediately realize that you’re injured. If you discover an injury later, and that delay makes it difficult to file your injury claim within the statute of limitations, you may qualify for an extended statute of limitations. In that situation, you have up to 1 year after discovering the injury to file your claim.

Getting a Trusted Opinion:

Personal injury cases are many and varied, and if you don’t have the help of an experienced personal injury lawyer it can be almost impossible to know if you have a good claim. KTJ Law Group offers free case evaluations specifically to help you decide if you want to move forward with a case.

Having an experienced and professional team will help ensure you get the compensation you deserve and help clear the roadblocks along the way. Call us at (818) 507-8525, or email info@KJTLawGroup.com to get started with a case evaluation.

The sooner you reach out, the sooner we can help.

Wrongful Death

The wrongful death of a family member can feel debilitating, scary, and stressful. The comfort of your loved one is gone and so is their financial and emotional support.

However, in your case fits the criteria for wrongful death under California law, you may be entitled to compensation.

The California wrongful death law, (under Civil Code of Procedure 377.60,) allows particular family members of the deceased to collect damages in the case that the deceased passed due to someone else’s wrongful actions.

This law is similar to that of action taken due to “loss of consortium,” which is an action taken when a spouse or legal domestic partner is left without the intimacy, companionship, and livelihood of a partner who is still living, but unable to provide those features due to someone else’s wrongful act.

In case of a wrongful death action, the surviving family can request to have damages recovered. These damages can include funeral expenses, income the deceased would have provided the surviving, and compensation for loss of companionship to the surviving.

Who Can Sue For Wrongful Death Under California Law?

Continue reading “California Wrongful Death Law”

Wage Theft

In a proper employer/employee relationship, your employer should be expected to pay you your earned wages and overtime payments on time. Moreover, your employer should be expected to provide you with proper rest periods during your shift and allow you to report expenditures made out of your pocket on the business’ behalf.

 

But unfortunately, not every employer is willing to play by these rules. When an employer in California fails to abide by these worker protection standards, they commit what is known as “wage theft.” Through both small and large actions, wage theft can severely impact an employee’s ability to earn their rightful pay as well as work in an environment that respects their work-based contributions.

 

Wage theft is more common than you might think in California. In fact, you may have already been a victim of wage theft without ever noticing it. That kind of injustice need not stand. Under California law, you are protected from wage theft through special legislation. In addition, victims of wage theft in California have the right to bring legal action against their employer with the support of skilled workers’ rights litigators.

 

Whatever path you choose, it is important that you fully understand wage theft and the California laws associated with it. Read on to learn more about this pernicious practice and the effects it can have on a worker like you:

 

What is Wage Theft?

 

In essence, “wage theft” can be described as the willful denial of wages (or any form of earned payment) or employee benefits that are owed to an employee overtime. Wage theft can take on many forms, including the failure the pay overtime wages and the misclassification of employees. Forcing an employee to work “off the clock” also constitutes wage theft in one of its most pervasive forms.

Continue reading “Wage Theft in California and You”

Slip and Fall Accident

Just because you’ve fallen while visiting a local business does not automatically qualify you for compensation in a civil claims court. Since the process of hiring an attorney and establishing a case can be costly and time-consuming, you need to know how slip and fall injury claims work to build a successful case.

Use this guide to the types of slip and fall injuries to understand how the cause of your fall can change who is responsible for the damages. By being able to decide negligence in your slip and fall injury case, you and your attorney can take the best possible course of action to get you the compensation you deserve.

Maintenance issue

If your injury was caused by a lack of maintenance in a key area of the store or property you were visiting, the manager or property owner could be liable.

If a loose carpet, floorboard, tile, platform, or step caused you to slip and fall, your attorney can easily make the case that a lack of maintenance reveals negligence on the part of the property owner and should prove your case. This also applies to ruts and potholes on a property, provided the area was intended for customer use.

On that note, this idea of intention is important in all aspects of a slip and fall injury case since going somewhere that was not intended for customer use will void your claim. You cannot be compensated for slipping and falling in an employees-only area if it was clearly marked.

Wet floor injuries

Continue reading “A Guide to Slip and Fall Injuries”

Worker’s Compensation Claims During COVID-19

The current pandemic has left many employees in ambiguous situations. While some essential workers are still required to report to their physical place of work, others have taken up working at home to still meet their deadlines and bring in income. After all, many Californians have been ordered by recent laws to shelter in place to avoid spreading COVID-19.

At first glance, many businesses might think they will have to handle fewer workers’ compensation claims because fewer individuals are physically reporting to the office. Many employees might also believe they can no longer file claims for the same reason. In fact, the potential for a decrease in claims influenced the decision of Insurance Commissioner Ricardo Lara’s Order of April 13, 2020. The Order requires insurers to refund certain business and individual premiums.

But will there be a decrease in claims, and what can you, as an individual do if you experience a work-related injury at home?

Read on to find out.

The Current Legal Standard

Throughout the majority of the state of California, an employee must suffer an injury or disease that causes disability or creates the need for medical treatment while at work or while completing tasks for work. The employee does not need to prove their employer was negligent. Injuries or diseases could be caused by single incidents or from long term exposure or repetitive traumatic injury. Usually, a non-occupational disease is not compensable – such as a cold or flu. It is also important to note injuries at work may not be compensable if the employee is intoxicated, self-inflicted the trauma, engaged in a physical altercation, sustained the injuries during a felony, or were participating in a voluntary off-duty activity like an office football match.

Continue reading “Worker’s Compensation Claims During COVID-19”

Workers Compensation in California

Workers Compensation in California

If you’ve been hurt on the job, it’s important to understand your rights. These rights can vary from state to state, so California law is what matters here. In the State of California, the workers compensation system works on a no-fault basis.

This system is designed to benefit both workers and employers. Instead of having to take your employer to court to prove that your injury was their fault, you only need to prove that you were hurt on the job. So, what are you entitled to? Let’s take a closer look.

What You’re Entitled to Under Workers Compensation

California workers are covered for all medical treatments related to workplace-related injuries. In addition to medical treatment, workers are also covered for the cost of any evaluations. Prescription drugs, transportation, and even medical aid devices like wheelchairs are also covered.

Continue reading “Workers Compensation in California”

Work Injury

Injured on the job? Don’t worry about being unable to pay your medical bills just yet – you have options! Chances are your employer has workers’ compensation insurance, as it’s a state-mandated program that provides benefits to people just like you. This being said, some workplaces are less than cooperative when it comes to ensuring their employees get the coverage they deserve. Top workers’ compensation attorneys can guarantee that your case wins if and when it goes to court.

What is Workers’ Compensation?

In a nutshell, workers’ compensation is an insurance program that most places of employment are required to have in the event that one of their employees is injured either on the job or as a result of actions taken during their job’s duties. This way, employees don’t have to pay for their medical expenses out of their own pockets. They can rely on insurance coverage to handle these burdens while they recover.

When Does Workers’ Compensation Apply?

In California and beyond, workers’ compensation insurance applies whenever:

  • injuries sustained by an individual are a direct result of duties on the job
  • injuries are sustained away from work but when dealing with work-related issues
  • injuries that appear while not at work but which were obtained as a direct result of work-related stresses or activities

This is a pretty broad umbrella, but it’s great news for you since it means that your work-related health issues likely fall under workers’ compensation insurance coverage.

What Are Some Examples?

Continue reading “California Workers’ Compensation Attorneys”

Personal Injury Attorney

What is a Personal Injury Case?

In a nutshell, a personal injury case can be claimed whenever one person is harmed from an accident or injury because of the actions of another person. The accident doesn’t have to be intentional, of course. But someone could still be on the hook for personal injury medical expenses and more under many circumstances.

Personal injuries can be devastating to those who suffer them. These types of claims cover a wide variety of injuries and ills, including:

  • broken bones
  • slip and fall injuries
  • burn injuries
  • automobile accidents and associated injuries
  • traumatic brain injuries
  • and much more

As a result, those who suffer personal injuries may need to press a claim against another individual in order to receive damages to help them recover from the incident.

Continue reading “California Personal Injury Attorneys”

Rideshare UBER LYFT ACCIDENT KJT LAW GROUP

When you’re driving yourself and get in an accident, your insurance will typically cover you for any personal injuries. Similarly, if you’re taking a taxi, you’ll be covered by the taxi company’s insurance. But what if you’re taking an Uber, a Lyft, or another rideshare vehicle? These are new, uncharted waters. Thankfully, there are already laws in place to keep you protected. Here’s what you need to know about insurance coverage in a rideshare vehicle.

What California Requires

In the state of California, rideshare companies are required to provide certain protections to their riders. In fact, the rideshare company itself is required to carry a $1 million liability insurance policy. This is in addition to any liability coverage your rideshare driver may be carrying. But even if the driver isn’t following the rules, the rideshare company itself is still going to have you covered.

For rideshare drivers, your insurance coverage is going to vary depending on which company you’re driving for. Uber offers $1 million of coverage, with a $1,000 deductible. So you’ll need to pay $1,000 out of pocket if one of your passengers is injured. Lyft’s coverage comes with a $2,500 deductible, so you’ll have to pay more out of pocket if you’re driving for them.

Continue reading “What to Do if You’re Involved in an Auto Accident While in a Rideshare (UBER/LYFT)”

Department Store Injuries

Accidents can happen at any time and in any place. If you’re injured in a retailer, be it a small general store or a large box store, you may be entitled to reimbursement to cover any medical expenses. It all comes down to what happened.

Retailers have an obligation to keep the public areas safe to shoppers and others within their building or storefront. When that retailer fails to meet that obligation, they can be held liable for accidents like a slip and fall or unbalanced displays topple onto a shopper.

Here are a few interesting facts from the National Fall Safety Institute about slips and falls:

  • About 6 out of 10 personal injury cases involving a slip in fall occurred on a single level. While some falls occur when someone falls on stairs or falls from another floor, more than half happen on the same floor someone is standing or walking on.
  • Over 2 million falls are linked to issues with flooring like wet floors, loose carpeting, or uneven surfaces.
  • Around 1 million emergency room visits are the result of someone falling and needing medical attention.
  • After a fall, most people end up missing about a month of work.
  • Slip and fall cases aren’t just about shoppers. About 85 percent of all worker’s comp cases involved an employee slipping on wet flooring.

Continue reading “Department Store Injuries & What To Do Following One”

Disability-accommodation

“The Americans with Disabilities Act (ADA) is federal law that protects disabled employees from being discriminated against in the workplace. Consistent with the ADA, employees with disabil0126ities are permitted under California disability discrimination law to request reasonable accommodations from their employers in order to help them perform their job duties.”

In California, employers are legally bound to provide a disabled employee reasonable accommodations. One stipulation- the cost of this accommodation can not be deemed an undue hardship to the employer.

3 Common Requests workers with disabilities can legally make   Continue reading “Employees with Disabilities- 3 Common Accepted Employer Accommodations”

Odometer

As part of a California Workers Compensation, your travel mileage for medical appointments, prescriptions, and depositions qualify for reimbursement.

But do not forget- to be paid, you must keep detailed records of how many miles you traveled on these trips. Attaching a Google map or MapQuest printout of your mileage, is always a good idea.

In addition to mileage, you also can receive reasonable expenses of transportation, meals and lodging when traveling to medical appointments under LC 4600(e)(1) and (e)(2).

 Your Doctor’s Visits

If you travel to a doctor’s office that is located a significant distance from your home, you also can receive reimbursement for meals.  These meals must be reasonable. If a doctor indicates you cannot travel the required distance to your appointment and need a driver, you may get meals reimbursed for your driver.  You will need to have a clearly written document from the doctor indicating a driver is needed and the reason a driver is needed. Otherwise, only your meals will be reimbursed.

In some instances overnight lodging may be merited. This usually occurs if the doctor’s office is some distance from your home and the appointment is scheduled early in the morning or late in the afternoon.  

The Workers Comp experts at KJT LAW GROUP understand the intricacies of medical travel and can assist you in qualifying for reimbursement. We understand what the law is as well as what you will need to prove it. .

CONTACT A WORKERS COMP ATTORNEY, CONTACT KJT LAW GROUP

Let the professionals at KJT LAW GROUP help. If you have any questions regarding Workers Comp in California, we specialize in protecting workers when ill or injured on the job. Because we understand the complexities associated with Workers Comp, we can improve the chances of you receiving your rightful compensation. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Metoo

In the fall of 2017, increased yet unreported sexual harassment and abuse in the workplace ignited a movement against sexual harassers and abusers. It was called the #MeToo movement. Now women and men alike can speak out about their experiences on social media with the hashtag #MeToo.

In response, California legislators introduced a bill designed to change the way that the state handles sexual harassment cases. Under current law, sexual harassment must be “severe or pervasive” to be a violation. According to an experienced sexual harassment lawyer, this reading of California law is based on a 2000 federal appellate court ruling. But under Senate Bill 1300, which was authored by Senator Hannah-Beth Jackson, this ruling will no longer be the law in California.

Critics of the ruling — including the California Employer Lawyers Association and Equal Rights Advocates — have stated that it allows perpetrators to get “one free grope” without consequences. Governor Jerry Brown signed the new law, which allows employees to file a sexual harassment claim for just one incidence of harassment, after it passed the legislature. It goes into effect on January 1, 2019.

S.B. 1300 also forbids confidentiality or non-disclosure clauses that would prohibit employees the right to discuss unlawful in the workplace. In addition, the law prohibits employers from requiring employees to release claims as a requirement of employment or in exchange for a raise. However, non-disclosure clauses are permitted as part of settlement agreements, as long as the agreement is voluntary.

This new law promises to be a major development in California for employees, as it will ensure that workers no longer have to tolerate sexual harassment for months or even years before seeking help. Employers will also be on notice that no form of sexual harassment is acceptable — and may have a greater incentive to prevent all forms of sexual violence in their workplaces.

By changing the law, California is sending a clear signal that its employees do not have to suffer “severe and pervasive” harassment as part of their jobs. Instead, even one instance of sexual harassment may be sufficient for a legal claim. Of course, it remains to be seen how courts will interpret this law. A skilled sexual harassment lawyer can work with employees who have experienced sexual harassment to help them determine if they may have a claim, either under the current law or the new law that will go into effect in 2019.

CONTACT A PERSONAL INJURY ATTORNEY, CONTACT KJT LAW GROUP

The lawyers at KJT LAW GROUP are dedicated to assisting employees who have suffered workplace sexual harassment. Working with a professional who understands the complexities associated with Sexual Harassment Law will improve the chances of you receiving your rightful compensation. We will work hand in hand with our clients to help them achieve justice. If you have been sexually harassed at work, know that there is help. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Slumlord

The Supreme Court of California has affirmed that every rental tenant has an implied warranty (the right) of habitability. This simply means that landlords must keep their properties “habitable”, not only sanitary and safe but also structurally sound. The rental property must be compliant with state and local codes for health and safety.

A rental unit must have all of the following in order to be livable:

  • Working toilet, shower or bathtub and sink in a vented room that allows privacy
  • Safe emergency exits leading to a hallway or stairs
  • Mailbox with lock
  • Kitchen with a sink
  • Natural lighting in each room through a window or skylight
  • Windows in each room for ventilation or fans that provide ventilation
  • Working deadbolt locks on main entry doors
  • Smoke detectors that are functioning

Continue reading “Tenant Habitability Issues and Slum Condition”

Self Driving Car

You may have heard the news: An Uber Technologies Inc. autonomous vehicle was involved in an accident in Arizona. A human driver in a Honda CRV turning left at a yellow light hit the self-driving Volvo as it was crossing the intersection. Though the Volvo flipped onto its side after hitting a pole, no serious injuries were reported.

Accident investigators found the human driver to be at fault. The artificially intelligent (AI) vehicle was traveling just under the speed limit, and the employee “behind the wheel” stated he saw the Honda driver but did not have time to react.

Continue reading “Yes, Fully Self-Driving Cars Are Coming To California”

Overtime Pay

Overtime Facts in California

“In California,  a nonexempt employee 18 years of age or older, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:

  1. One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  2. Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.”

https://www.dir.ca.gov/dlse/FAQ_Overtime.htm

Continue reading “Are you being Short Changed for Your Overtime Pay?”

Cumulative Trauma Injuries

Under California Workers’ Compensation law, cumulative injuries qualify for workers’ compensation benefits even if they occur over a period of time rather than in one incident.  

Basically there are two types of workplace injuries. One is a workplace injury which is generally referred to as a specific injury and the second one is cumulative trauma.

What are Cumulative Trauma Injuries?

Continue reading “Understanding Cumulative Trauma Injuries: California Workers Comp Explained”

Construction Site Accident

The construction industry is one of the most dangerous industries in the United States. Each
year, many thousands of individuals are injured and even killed in construction site accidents. Too many serious injuries are caused by a fall or dropped objects. It is also common for workers to trip over a piece of lumber that is left in an unsafe place. Some of the injuries that occur on construction sites
can result in:

  • Broken and fractured bones
  • Head injuries
  • Spinal cord injuries
  • Electrocution
  • Burn injuries
  • Wrongful death

Continue reading “A Construction Site Accident is No Laughing Matter”

Pedestrian Walkway

Regardless of the established rules and regulations for a pedestrian’s right of way, negligent and inattentive drivers are still hitting people walking or crossing our Southern California streets, causing serious and sometimes catastrophic injury. We have all experienced drivers that fail to acknowledge basic rules of the road when they encounter someone walking across a street.

Why Pedestrian Accidents Occur

In California, pedestrians have certain rights, such as; drivers are required to stop for pedestrians at all crosswalks (whether unmarked or marked). Here are the most common factors involved in pedestrian accidents:

Continue reading “What YOU Need to Know about Pedestrian Accidents”

Thanksgiving Dinner Meal Break Rest Break

If your boss violates California rest and meal and state laws, you may be able to sue your employer for not allowing you to have your legal amount of meal or rest breaks. For instance, if your employer denies you a meal break, or does not compensate you for your rest break, they can suffer real consequences.

Under California law, an employee must be given breaks every five hours. You cannot work for more than five hours a day without be given a meal period of at least thirty minutes. If your total work day is only 6 hours in that case a meal break can be waived by both parties.

When you work for more than ten hours, a 2nd meal period of not less than 30 minutes must be allowed. Again, if you are only working a total of 10 hours or less, the 2nd meal period can be waived by mutual consent, as long as you did not waive your first meal break.

Continue reading “What you need to know about Meal and Rest breaks”

Truck Accident

Despite what you may have heard or read, all motor vehicle accidents are not treated equally by the law. A truck accident is defined as vehicle crashes involving 18-wheelers, tractor trailers, semi-trucks and other commercial motor vehicles that cause personal injury and/or property damage.

It was reported by the Federal Motor Carrier Safety Administration, “accidents that involved large commercial trucks accounted for 287,000 property damage claims, 77,000 injuries and 4,321 deaths over the course of a single year.” Comparably, medium to large trucks are responsible for a very small segment of the accidents that take place on highways; but their large size causes more serious damage and the accidents are more likely to be catastrophic. Motor vehicles that collide with large trucks see much more damage to their vehicle. Another big difference is in terms of settlements after an accident. The amount of effort and costs associated with investigating and pursuing the remedies in a trucking accident are more complex and more expensive.

Continue reading “Truck Accidents Versus Auto Accidents What You Need to Know”

Wrongful Termination

California is an “at-will employment” state, which means that any employment relationship can be ended without prior notice or warning by the employer or the employee at any time and for any reason.  There is no general requirement that an employer have “good cause” before firing an employee. Nor is the employee entitled to any warnings that the employee’s job is in danger before being fired.

Wrongful Termination Claims

Continue reading “Wrongful Termination in California”

Work Injury

If you are injured or ill on the job, Workers Comp insurance covers medical expenses and a portion of lost wages. Even though the State of California requires employers to carry Workers’ Compensation coverage, not every worker is covered. Here are some examples of those not covered by Workers Comp.

Business Owners and Volunteers

Business owners, from sole proprietors to partners are not covered by their company’s workers’ compensation insurance. Some business owners may elect to receive WP if they pay the premium. As for volunteers, they are not generally considered employees, so they are not eligible for WP. There are some exceptions like- volunteer police officers and firefighters who are requested by a firefighter or police officer to assist in an emergency.

Continue reading “Who Is NOT Covered by Workers Compensation Insurance?”

Motorcycle Accident

Simply- what you do after a motorcycle accident can have a significant impact on your ability to maximize the compensation you receive for your injuries.

What you should do to protect your interests after a Motorcycle Accident

The most important thing to do when you sustain a motorcycle accident injury is to seek medical attention. There is nothing more important than your health and well-being.  Brain injuries, spinal cord injuries, burns, road rash, and disfigurement and amputations are common injuries in motorcycle accidents. It is important to have any injuries documented by the emergency room or hospital staff. If possible, have them document that the injuries were caused by a motorcycle accident.

Continue reading “What Do I Do After a Motorcycle Accident?”

Injury

So many people ask us, am I entitled to compensation for my injuries? Here are 3 questions to answer that will help you figure out your personal situation-

  • Did you suffer a personal injury or was it just property damage?
  • Were your injuries caused by another person or entity negligence?
  • Do you have recoverable damages?

Let’s dig deeper.

Continue reading “Are you entitled to receive financial compensation for your injuries?”

A stopwatch

If you have been injured due to a negligent act of another person, you can file a personal injury claim to recover compensation for any medical expenses, lost wages, plus pain and suffering. In California you have two years to file a personal injury lawsuit in the state of California. The two years begins on the day that you sustained the injuries. So act quickly, don’t wait!

Two years to file applies to almost every type of personal injury case from: including product liability cases, car accidents, slip and falls, truck accidents and dog bites. If you are injured and do not know it, most courts will usually allow you to file a personal injury lawsuit within two years from the date that you first discovered your injury. Plus, the court requires proof in the form of medical records that clearly shows why you did not discover the injury right after the accident. Without proof, it is possible you will not be permitted to move ahead with your lawsuit.

Continue reading “What you need to know about the Personal Injury Statute Of Limitation In California”

Temporary or Permanent Disability

If you have been injured on the job, money and lost wages are issues that can not be ignored.  In California, there are systems in place to provide funds for injury recovery and supplement lost income. The type of disability you are eligible for will determine what type of disability benefits you will receive.

Through California Workers Compensation Law, you have the right to file a claim through your employer. If your claim is awarded, you can receive a certain amount of financial support, depending on the severity of your injuries. Within a workers comp claim, you will get labeled with certain terms as you progress through the required assessments and exams. Those assessments will determine if you are temporarily or permanently disabled.

Continue reading “Workers Comp: Is your Injury a Permanent or Temporary Disability”

Yes, every retailer must legally ensure that there are no safety hazards on their property. Keeping their customers safe, should on the top of every retailers list, but unfortunately it is not.

You can slip and fall from broken products, liquid spills, and uneven flooring if not taken care of immediately. You might even suffer serious injuries like- head injuries, broken bone, or spinal cord damage. Here’s what you need to know if you are injured from of a slip and fall-

Who is Liable For Slip and Fall Accidents

Property owners must maintain safe conditions on their properties so visitors are safe and not harmed and if they don’t and they have been negligent, they will be liable for any injuries incurred.

But it is not automatic … you must prove one of the following–

Continue reading “Facts you need to know about ‘a slip and fall’ in retail stores”

Have you been in a car accident?  Do you have to deal with an insurance company? Here are 4 benefits you will receive and gain by working with a personal liability attorney after your accident-

  1. More Compensation

According to various studies, personal injury victims that allow an attorney to handle the negotiations with the insurance company tend to receive more compensation, than if they were handling it themselves. One study found that plaintiffs working with an attorney were able to recover 3.5 times more in compensation.

Continue reading “4 Benefits to Hiring a Personal Injury Attorney after a Car Accident”

If you are a car accident victim in California, you are legally entitled to compensation for your injuries. To obtain compensation, you must file a personal injury claim against the at-fault driver. But don’t wait forever. The length of time victims have to take is called a statute of limitations, and it varies from state-to-state. So, if you are in California and have an accident, here’s what you need to know-

Statute of Limitations- Car Accident Cases involving Injuries

If a negligent driver injures you, you can recover compensation for lost wages, medical expenses, and pain and suffering. The statute of limitations for filing a personal injury lawsuit is two years from the date of the car accident. But don’t wait too long… 2 years may seem like a long time… but it comes quicker than you think.

Continue reading “Is there a Statute Of Limitations On Car Accident Cases in California”

Money Moves

Per a CDC report, the full cost of vehicle accidents in 2015 came to more than $63 billion. This included the cost of medical bills, lost productivity with workers, and expenses related to deaths. The financial impact of a car accident is tremendous. When you’ve been in a crash, there’s more to it than medical expenses and lost productivity.

A Claim Takes Time

California regulations require insurance companies to respond to you within 15 days of receiving the claim. They have up to 40 days to investigate the claim and accept it or deny it. Once the claim is approved, the insurance company is supposed to issue payment immediately, but it legally has up to 30 days from the date the settlement offer was accepted.

What this means is that close to three months could pass before you get the money to replace your car or pay for the repairs. In that time, if you didn’t have rental coverage, you could be without any transportation. Getting to and from work, even if you’re healthy, may be challenging. The loss of income could lead you to skip buying groceries and other expenses that have to be paid immediately.

That’s if the settlement offer is even fair. It could sound reasonable until you buy a replacement car and end up struggling to find a car in the same mechanical shape as yours. A car with the same value may not have new fuel and brake lines as your car did. It may not have new winter tires on separate rims that cost you hundreds of dollars.

Another issue people run into is having to deal with the interest on credit cards they’ve used to cover expenses until the settlement arrives. That interest may build quickly and not be factored into the settlement figure.

After an accident, you should see a doctor and make sure you’re okay. The medical expenses are just one factor. You may have to take time off work while you heal. You’ll have no car while it’s being repaired or replaced, so you could need a rental.

Your choice may be to take time off work without pay, which can drive you into debt. You also have the cost of a new car or repairs. These are covered by insurance, but it may be weeks or even months before you receive a settlement check. Can you go that long without buying groceries, paying rent, or paying your bills?

How Do You Maximize Your Settlement?

Knowing the possibilities when it comes to the financial impact, how do you maximize a car accident settlement? You need to start at the beginning. From the moment the accident happens, document everything.

If you have a dashboard camera, save copies of the video before and during the accident. This video footage will help determine exactly what happened. It can show the speed the other driver was doing, the signage in the area, and potential witnesses in the area. Take photos after the crash, if possible. Get close-ups of the damage to your car.

Don’t ignore your health. Even if you feel fine right now, you may not feel great hours after the adrenaline wears off. See a doctor and get checked. You could have fractures or sprains that don’t feel too painful right after the crash. As time passes, you may start to feel it. You should also be checked for internal injuries. Plus, you want to have a record of symptoms to watch for. If you develop neck pain in a day or two, you could have whiplash. Keep track of all of your bills and medical notes.

An insurance adjuster will look at your car and decide on the cost to repair the damage. If the damages are too high, the adjuster will look at the current value of that make/model in your area. Provide copies of all repairs you’ve made.

Most insurance companies will not reimburse you for aftermarket additions, but it’s worth fighting to get that extra money. If you installed a remote ignition system for cold winter days, you should say so and provide the cost and cost of installation. If you just had the brake pads and rotors replaced with professional-grade parts, say so.

Get names and contact information for anyone who witnessed the accident. Share this information when you call the insurance company. The more evidence you have to prove you were not the responsible party, the higher the odds of getting a great settlement.

Once you’ve gathered this paperwork and information, seek an expert’s opinion. Visit a lawyer who specializes in car accidents and can help you get the settlement you deserve. At KJT Law Group, every case evaluation is free. You’ll know if the first settlement offered by an insurance company is reasonable. If it’s not, we’ll explain why and let you know how we can help you. It never hurts to ask. Call us today at (818) 507-8525.

Sources:

https://www.cdc.gov/motorvehiclesafety/costs/index.html

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm

 

what-do-i-do-after-ive-been-in-a-truck-accident

Looking at the National Highway Traffic Safety Administration’s statistics, light and large trucks accounted for a high number of crashes in 2016.

  • Fatal Crashes – 24,282
  • Injury Crashes – 1,639,000
  • Property Damage Only – 3,849,000

The cause of a truck crash varies. For smaller passenger trucks it could be just about anything from an impaired driver to speed. For large trucks (tractor-trailers), these five reasons were most common:

  • Brake issues
  • Not driving for the road/weather conditions
  • Not knowing the roadway
  • Problems with the roads
  • Over-the-counter medications

This covers any crash with a tractor-trailer. When it comes to crashes between a passenger car and tractor-trailer, the most common causes are:

  • Sudden traffic flow changes
  • Not knowing the roadway
  • Not seeing vehicles in blind spots
  • Speed
  • Illegal maneuvers

What do you do if you’re in a crash with a truck? There are three important steps to take straight off. Get the other driver’s information, take plenty of photos, and seek medical treatments. Those are just three of the things you need to do. Here are others.

File an Accident Report

Damage in a truck crash can be extensive. You probably need to call the police, but if you didn’t, make sure you file an accident report. You can do this at a local police station or some states allow online reports. You’re required to by law if the damage if over a certain amount. Repair costs can add up fast. According to Insurance.com, these are the five most common auto body repairs and their costs:

  • Bumper repair – $350 to $450 on a small sedan
  • Deep scratches – $1,000 to $3,500
  • Rear bumper replacement – Up to $10,000 if the frame is also bent
  • Suspension repairs – Up to $5,000 depending on what is damaged
  • Windshield replacement – $300 to $400 for most cars, upwards of $4,000 for some luxury vehicles

Even what seems like a minor repair can quickly put you up to the monetary limit that makes an accident report required. If your state’s laws require you to file an accident report if the damage is $1,500 or more, the cost of a new tire, rim, and bodywork to the side fender could easily put you up over that amount.

Talk to Your Insurance Company

Start the claims process by calling your insurance company. They often handle the preliminary negotiations with the other driver’s insurance. Expect a call from that insurance company who will ask for your side of the story.

During the call, you’ll be asked to share the details of the accident, the accident report number if you have it, the name of the officer and any injuries. You’ll give out the other driver’s name, contact information for any witnesses, and the other driver’s insurance information. You also need to know where your car is now. A claims adjuster will want to look at your car and determine the damages.

Keep Track of Everything

When possible, try to interact with claims agents via the email. You’ll have written documentation to help you know exactly what’s been said. Plus, it makes it easy to send photocopies of bills that get added to the claim.

Hopefully, you managed to get photos of the accident scene. If you have dash cam footage, that’s also helpful. Store that on a separate thumb drive and in a cloud-based storage option like Dropbox or Google Drive. If you have the files stored in a couple of places, you’re less likely to lose anything. It also makes it easier to share with agents and attorneys if you decide to sue.

Keep a journal of who you’ve talked to over the phone and take notes during the call. The more information you have, the more helpful it is if you need to file a personal injury claim.

Should You Sue?

Court trials take time. You shouldn’t let this keep you from getting a fair settlement. Insurance companies base their settlement offer on the value of your vehicle, your medical bills, lost wages or time from school, and sometimes pain and suffering. That offer may not look into the anxiety you feel weeks or months later that prevents you from driving. It may not consider the amount of time you have to take off work for therapy to deal with PTSD following a crash.

What you should do is talk to an attorney with expertise in truck crashes. KJT Law Group offers free case evaluations. We’ll give you an honest assessment and tell you if the insurance company’s settlement offer is fair or if you have a valid personal injury case. Call us today (818) 507-8525.

Sources:

https://cdan.nhtsa.gov/SASStoredProcess/guest

https://www.fmcsa.dot.gov/safety/research-and-analysis/large-truck-crash-causation-study-analysis-brief

https://www.insurance.com/auto-insurance/coverage/insurance-for-auto-body-repairs.html

Semi Truck Accident

Looking at the National Highway Traffic Safety Administration’s statistics, light and large trucks accounted for a high number of crashes in 2016.

  • Fatal Crashes – 24,282
  • Injury Crashes – 1,639,000
  • Property Damage Only – 3,849,000

The cause of a truck crash varies. For smaller passenger trucks it could be just about anything from an impaired driver to speed. For large trucks (tractor-trailers), these five reasons were most common:

  • Brake issues
  • Not driving for the road/weather conditions
  • Not knowing the roadway
  • Problems with the roads
  • Over-the-counter medications

This covers any crash with a tractor-trailer. When it comes to crashes between a passenger car and tractor-trailer, the most common causes are:

  • Sudden traffic flow changes
  • Not knowing the roadway
  • Not seeing vehicles in blind spots
  • Speed
  • Illegal maneuvers

What do you do if you’re in a crash with a truck? There are three important steps to take straight off. Get the other driver’s information, take plenty of photos, and seek medical treatments. Those are just three of the things you need to do. Here are others.

Continue reading “What Should I Do After A Truck Accident?”

Auto Accident Attorney Los Angeles

You may think you have a valid complaint against a business or person. Yet, you’ve called a personal injury attorney and they didn’t seem interested in your personal injury case and recommended someone else. You’re surprised. Don’t be. It’s not as uncommon as you’d think. There are several reasons why law firms refer out personal injury cases.

There’s a Conflict of Interest

One of the common reasons for a lawyer to refer out personal injury claims is due to a conflict of interest. It can be as simple as the person you want to sue for damages is a regular client of the attorney you’re trying to hire.

The Restitution Isn’t Enough to Justify the Time They’ll Spend

The legal fees for many personal injury cases are paid only if the lawyer you hire wins the case. In the U.S., American Tort Reform says the average contingency fee is 33.3%.

Say your lawyer wins the case, but you only end up receiving $1,000. The lawyer would get around $333 of that. If it’s taken days of preparation and hours in the courtroom, $333 isn’t really enough money to justify taking the case.

The Complexity of the Case is Too Much for Their Lawyers

Continue reading “Top Reasons Why Law Firms Refer Out Personal Injury Cases”

Auto Accident Checklist

Under California’s Fair Claims Settlement Regulations, you should hear from an insurance company within 15 days of filing a claim. The company must accept or deny the claim within 40 days after fathering the proof. If you’re waiting on a settlement payment, this can seem like an unbelievably long period of time.

In order to understand why it can take so long, it’s important to look at the things that go into a settlement. Here’s a step-by-step look at what happens after a car crash.

Immediate Steps to Take

Continue reading “How Do Car Accident Settlements Work?”

Medical Malpractice

Are there age limits to a medical malpractice suit? Anyone can file a claim. You must follow the malpractice statutes of limitation in your state. You need to file the claim before you run out of time. Note that issues like fraud, intentional concealment and foreign objects are not bound to the statutes of limitation requirements.

California Civil Procedure Code §340.5 states children over the age of six, teens, and adults have either three years after the injury occurred or one year after discovering the malpractice, whichever comes earliest. For children under the age of six, the complaint must be made within three years or before the child turns eight, whichever comes latest.

Startling Facts About Malpractice

A John Hopkins study reported that about 10 percent of yearly deaths, over 250,000 people, are the result of medical malpractice. The report claimed that medical mistakes are the third leading cause of death. These numbers can be hard to verify as medical malpractice is not used on death certificates.

Continue reading “Can People Of All Ages Have A Medical Malpractice Case?”

Doctor Cheeck Up after car accident

Every day in the U.S., approximately 6,438 drivers and passengers are injured in car crashes. Another 102 or so are killed in car crashes. Car accidents occur all the time, but when you’re in one, panic takes over and often keeps you from rationally thinking about what you need to do.

 

One thing that people overlook is the importance of a trip to the hospital after a car accident. Some worry about the cost. Remember that auto insurance pays for medical care after a car accident. Don’t let that keep you from seeking medical care. You may feel okay and think it’s a waste of time and money. It’s always best to go to a hospital, and here’s why.

 

There May Be Hidden Injuries

Continue reading “The Importance Of Going To The Hospital After A Car Accident”

Auto Accident Checklist

You’ve collided with another vehicle. No matter who is at fault, there are several steps you should take immediately after the crash. They are:

 

  1. Do not admit fault. Let an experienced accident investigator look at the conditions and impact and determine if you, the other driver, the conditions, or a mix of issues led to the crash.
  2. Take photos of your vehicle, other vehicles that were involved, the road conditions, and the area around you. If there is a busy intersection, take photos of the design, lights, and signage.
  3. Call police to have them complete an accident report.
  4. Ask to be seen by paramedics.
  5. Get the other driver’s insurance information.

Continue reading “When To Call An Attorney After A Car Accident”

Emergency Room after an Auto Accident

Every hour, there are around four fatal vehicle crashes in this nation. That’s just crashes involving fatalities. Of the almost 7.3 million crashes in 2016, only 34,439 of them were fatal. More than 2.1 million of these crashes caused injuries that range from mild to severe.

When the crash is not your fault, the stress, time away from work, medical expenses, and cost to replace your car add up. Crash prevention is key, but some crashes are hard to avoid. Whether it’s a single-vehicle crash or a multi-vehicle crash, people can sustain serious injuries. If you’re in a car accident and don’t feel any discomfort, you may wonder if you should really go to the hospital. Yes, you should!

While there are many reasons you should seek medical care, four main reasons stand out.

Four Reasons Why You Immediately Need to Go to the Hospital

Continue reading “Should I Always Go To The Hospital After A Car Accident?”

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