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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

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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.

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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.

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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.

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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

 

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