He Failed to Yield and Hit My Car

FAILING TO YIELD THE RIGHT-OF-WAY COLLISION CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff was driving his sedan eastbound on in the number one lane. Defendant Another driver was driving his SUV westbound in the left turn lane. Defendant attempted to turn left from westbound onto the southbound direction. There is no traffic light at that intersection. Defendant initiated his turn without yielding the right of way for Plaintiff in violation of California Vehicle Code §21801(a).

Isn't it easy to avoid the accident?

LIABILITY

Defendant’s argument is that the number two and possibly the number three lanes stopped for Defendant’s vehicle to make the left turn. However, it was negligent for the Defendant to commence the turn without making sure that the number one lane was “clear”. This specific intersection has a sign prominently posted that reads, “Watch Opposing Traffic”. It is facing the direction so that cars facing westbound should be aware to watch all traffic, specifically meant to prevent the negligence of Defendant.

NATURE AND EXTENT OF DAMAGES

Plaintiff sustained injury to his head, neck, upper-back, right shoulder, and hand as a result of this collision. His injuries were described in his deposition as a “drastic loss of mobility”, stiffness, and pinching pain. The pain in his neck was rated 7 out of 10 on a pain scale. The pain in his neck was rated as an 8 out of 10. The day after the accident he sought treatment from a doctor, where a full examination was performed. The doctor ordered x-rays and diagnosed Plaintiff with acute traumatic cervical sprain, acute traumatic thoracic sprain, acute traumatic lumbar sprain, associated cephalgia, acute traumatic lumbar radiculitis, acute traumatic associated myalgia. Plaintiff followed up with his doctor for an extensive course of chiropractic treatment.

RESIDUAL COMPLAINTS AND FUTURE MEDICAL EXPENSES

Plaintiff continues to experience pain (3 out of 10 on a pain scale) and limited range of motion in his neck. Plaintiff has been unable to resume playing baseball, play frisbee (as he was accustom to), go hiking, play golf, and skateboarding. Additionally, Plaintiff has  pain when involved in routine daily activities such as sleeping, and lifting. Plaintiff had a prior job singing as well as sang recreationally with different bands and is no longer able to sing without having back pain.

Plaintiff’s is current employed as a messenger driver, where he spends most of the day driving. However, Plaintiff experiences debilitating pain while driving on the job and driving.

Additionally, Plaintiff has a complete loss of sensation along with numbness and tingling in his right ring finger. Plaintiff is right-hand dominant. Due to the above residual symptoms, Plaintiff will be following up with an Orthopedic Surgeon.

Punitive damages example, remittitur

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

“I Fell Because It Was Too Dark”

SLIP AND FALL CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff  was walking on defendant’s property. Plaintiff was attempting to walk from his parked car to his apartment within defendant’s apartment complex. The area was very dark and water had accumulated in the area as well from the nearby sprinklers. While walking, plaintiff tripped on a set of stairs and fell to the bottom of the three stairs and sustained serious injuries. An ambulance was called to the scene and plaintiff received immediate emergency treatment and plaintiff has been undergoing treatment since the accident with residual pain requiring surgery.

Slip-and-Fall-Accident 3

 LIABILITY:

Plaintiff parked his car on the street in a different spot than usual since he could not find a parking space in his usual spot. After exiting his car, he walked on a paved pathway from the street towards his apartment complex, the only path available to his apartment. The area was dark at the time of the incident. The bulb illuminating the stairs was not functioning. As one of the witnesses stated in a recorded statement, “It was like impossible to see what was happening so what I did was I turned on my garage light so there was a little bit light in the area.” A second independent witness stated that “it was too dark so I had to go get my flashlight” and only then could he see plaintiff lying on the floor.

Additionally, the area was very wet and slippery from the nearby sprinklers. As the witness stated, “It’s always wet, which causes it to be very slippery.” The witness stated that he called the management on more than one occasion to report the issue. He said that he told them that “someone is going to fall down”. It is respectfully submitted that defendant not only operated a common area negligently, but was also on notice of the dangerous condition.

INJURIES:

After arriving at the emergency room via ambulance, plaintiff was examined and given medication for pain. Plaintiff was in severe pain in his elbow and knee. Plaintiff was provided with crutches and was advised to follow up with outpatient care.

Plaintiff sought treatment from a doctor, where his complaints included: Head pain, cervical pain, lumbar pain, right knee pain, shoulder pain (both), right elbow pain, anxiety, and insomnia. The pain to plaintiff’s elbow and knee pain was described as severe and constant, with numbness and tingling in the fingers and toes. Plaintiff was prescribed additional pain medication, physical therapy, and psychological counseling.

los-angeles-slip-and-fall 4

 

Due to plaintiff’s continued complaints to his current doctor of constant knee and elbow pain, he was referred to an orthopedic specialist. MRI’s of the right elbow and of the right knee were taken. The MRI of the right knee revealed a “traumatic meniscus tear”. Plaintiff was referred to another doctor for neurodiagnostic evaluation for his continued elbow pain. Studies confirmed an abnormal electro-diagnostic test with ulnar neuropathy and mononeuritis.

Plaintiff underwent physical therapy .

RESIDUAL COMPLAINTS AND FUTURE MEDICAL EXPENSES:

Plaintiff still experiences severe pain to his right elbow and right knee. The pain in his elbow radiates down his forearm and causes numbness and tingling in his right hand and fingers. Plaintiff can’t drive for more than twenty minutes without experiencing severe pain in his elbow and knee. Due to his injuries, plaintiff is no longer able to babysit and is not able to lift or play with his grandchildren as he used to. Plaintiff also experiences pain when he attempts to sleep since lying down causes additional pain. Plaintiff has a two story house and the pain is excruciating every time he has to climb the stairs to get to his bedroom.

APPLICABLE LAW:

A landlord has traditionally been liable for injuries to tenants or their guests caused by a dangerous condition on a part of the premises that was under the landlord’s control. Johnson v. De La Guerra Props., Inc., 28 C2d 394, 399 (1946). Portions considered to be retained under the landlord’s control include stairways and other areas provided for the joint use of tenants. Di Mare v. Cresci, 58 C2d 292, 297 (1962).

CONCLUSION:

This case was settled out of court, and the client got the money they deserved!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

What Do I Do? – I Slipped And Fell

SLIP AND FALL CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff was leaving her apartment when she slipped on fresh paint that was on the floor immediately outside of her apartment. According to plaintiff there were no caution signs placed and she advised defendant’s painter that he should refrain from painting since she would be leaving to a prayer services shortly. The painter advised he would wait and start painting after plaintiff left her apartment. When plaintiff exited the apartment, as she took her first step, she slipped on the freshly painted surface and was seriously injured as a result.

LIABILITY:  Slip and Fall Pic

Plaintiff took one step out of her apartment and fell to the floor due to the slippery condition of the freshly painted surface. It is respectfully submitted that no notice was given by the owners or the painting contractor even though the painting contractor was at the premises the evening before. It is undisputed that the painter used the same color paint as was already on the floor which would have made the fresh paint very difficult to spot . The only person claiming to have given notice is the Spanish speaking painter’s assistant. He alleges that he advised plaintiff a few minutes prior to the painting that he was going to begin painting. He further alleges that plaintiff told him to go ahead with painting since she would be home all day. Plaintiff had to attend  memorial services on the day and time at issue. She was on the way out to the services when she fell and clearly would never have said she will be home all day.

Plaintiff has testified that she requested that the painter wait for her to leave before starting to paint. The painter was not an English speaking painter. However, plaintiff testified that the painter replied “okay”. Plaintiff assumed that when the painter said “okay” that he agreed that he would wait for her to leave before he started painting. Plaintiff had no way of knowing that the painter had already started painting when she fell.

The painting contractor, testified during his deposition that he did not see any warning signs on the morning of the incident. The first time he saw signs was later on that day after the incident at approximately one o’clock in the afternoon. He also testified that the painter told him that he advised Plaintiff to wait ten or twenty minutes before she leaves her apartment. At the same time, the painter testified in his deposition that the paint takes at least two hours to dry. The painter also testified that he waited approximately thirty minutes after the conversation with plaintiff before he started painting. Another fifteen minutes of painting had then lapsed at which point the plaintiff fell while the painter went to get something from his truck. Therefore, even according to the defendant’s version, at least forty five minutes elapsed between the fall and the conversation with the painter’s assistant telling the plaintiff she should only wait ten to twenty minutes before leaving.

Even if we give the defendant the benefit of the doubt, it is the obligation of the defendant to give proper notice. A Spanish speaking painter’s assistant should not be giving notice to a French speaking tenant. Such a scenario could easily lead to misunderstanding. The painting contractor who was at the premises should have given the notice the evening before which would have avoided any confusion and the subsequent injury of plaintiff.

The painter’s assistant was subsequently terminated by his employer. According to the employer, he quit. According to the employee he was fired. I submit the termination was due to either the lack of knowledge of the English language or his illegal status to accept employment – as testified to in his deposition.Slip and Fall Pic #2

INJURIES:

Plaintiff fell onto both her knees and hands and injured both knees, wrists, neck, back, hand, and arm. She was not able to walk without assistance. Plaintiff was then driven to the hospital. At the Emergency Room, plaintiff was given a neck brace and wrist brace for her injuries. Plaintiff followed up with her doctor for her injuries. The doctor diagnosed plaintiff with cervicobrachial syndrome, cervical spine sprain, knee sprain, and multiple contusions. Plaintiff underwent an intense course of physical therapy, however, due to her shoulder pain radiating into her left upper extremity, the doctor  advised her to seek orthopedic consult.

RESIDUAL COMPLAINTS AND FUTURE MEDICAL EXPENSES

Plaintiff is no longer able to perform the normal housework or errands which require carrying heavy items. Plaintiff has residual pain in her neck and left shoulder radiating to her left arm which interferes with exercise and routine activity. Additionally, prior to the injury, plaintiff babysat her young grandchild on a daily basis. Due to the injury, plaintiff was also unable to resume her babysitting activities with her grandchild, since it required lifting and bending. As per her doctor’s  advice, plaintiff will be following up with an orthopedic specialist.

APPLICABLE LAW:

An owner who conducts active operations on the premises must exercise ordinary care for the safety of everyone she knows, or should expect, to be on the property. Oettinger v Stewart, 24 C2d 133, 138 (1944).

CONCLUSION:

This case was settled out of court, and the client got the money they deserved!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

Find The Best Accident Injury Lawyer In Orange County

Personal injury lawyer orange county

        Orange county lawyers

If you are a resident of Orange County and you have met with an accident or an injury due to the negligence or carelessness of someone else, you can file a personal injury case against the other with the help of a personal injury lawyer Orange County. We will discuss more on personal injury cases and personal injury attorneys.

The most common personal injury cases are associated with motor vehicle accidents. The other accident cases can be injuries occurred due to a faulty product, injuries caused by a medical malpractice, injuries that occur at work, injuries due to an abuse or assault etc. For all these cases, you can seek the help of a personal injury lawyer Orange County and obtain the best compensation.

The first step involved in any personal injury case is to find out the best personal injury lawyer Orange County who can get you the best results in your case. Make sure that the attorney has enough experience and is an expert in accident laws. Meet your accident attorney and discuss your case with him in detail. During this initial consultation, your attorney can determine your situation and your chances in the case.

If the lawyer is convinced with your case and finds that it is worth a fight, he will file the lawsuit for you. During this period, he would get in touch with your hospital, employer and doctor to collect all the documents pertaining to the case. He would also contact the insurance firm.

Accident attorney

           Personal injury lawyers in ca

If your personal injury lawyer Orange County is successful in proving that the accident occurred due to the negligence of the other, a summons is sent to the defendant. This summons and the complaint alongside it will let the defendant know the reasons behind your complaint and the extent of injuries caused to you because of the accident.

The period of a personal injury lawsuit can vary depending on the nature of the case and several other factors like how badly you are injured, how clear are your claims, your physicians support in your case and how well your insurance company deals the case. Keep in mind that the final verdict does not come in a day or two.

You can also go for out of court settlements and if your accident lawyer is an expert in negotiations, you may get a handsome compensation without spending your time and money in court.

Steps For Determining Damages For EEOC Claims

Punitive damages example

Examples for punitive damages

There are several federal laws that are in place to prevent discrimination between the employees working in an organization. If any employees had to endure any discriminating behavior towards them from their workplace associates, then they can approach the authorities claiming for damages. Although not a punitive damages example, as these damages can be attributed to the mental anguish the employees had to suffer, these can be classified as compensation for losses.

Employees who had to suffer such discriminations at a workplace can approach the U.S. Equal Employment Opportunity Commission and file a claim citing their losses. Current employees, former employees or even applicants for a particular job can approach the EEOC if they have sufficient grounds for grievance.

Steps to follow in order to determine the damages in an EEOC claim

  • The paperwork submitted by the claimant, called as the charging document, needs to be reviewed in the presence of an EEOC official or a lawyer who is working on behalf of the claimant. These documents include official notice of charges of discrimination EEOC issues, documentation related to termination, loss of employment, or failure to receive a promotion, medical information and personnel file and payroll records.

    emotional stress

            punitive damages in claims

  • The next step is studying the definitions given by the EEOC for compensatory damages. Study the various situations that can be compared with that of the current claimant and check the damages that have been awarded in such cases. Calculate the losses incurred by the claimant due to the actions of the employer, and reach a decision regarding the damages.
  • While calculating the damages that are due to the employee, make sure that you account for the losses incurred by the employee. These losses will include any lost wages, salary increases, benefits etc. These damages can be estimated by the claimant or the employer.
  • It needs to be noted that, other factors will also have a bearing on the final sum that will be calculated as the damages. These factors include compensations for the physical and emotional stress suffered by the employee, job-hunting expenses etc.
  • Discuss the matter of punitive damages with the employee or the lawyer representing him or her.

There are different cases where such EEOC claims end up as punitive damages examples. Having a competitive attorney in charge of the situation will help in obtaining the best settlement possible.

Assault And Battery- Statute Of Limitations

What is assault and battery

Penalties for assault and battery

Assault and battery are often discussed together and mistaken to be the same. However, this is a general misconception and assault and battery are actually two different crimes with different penalties. They are generally committed one after another and that is the reason why they are often misinterpreted as the same. The statute of limitations for each crime provides for a certain period for legal redress after which you cannot pursue a lawsuit. The statutes of limitations are different for different crimes and it depends on the state and on whether or not the issue at hand is criminal or civil; but the principle remains the same, the chance for legal redress runs out after the prescribed period.

What is assault and battery?

An assault is said to have occurred when an individual threatens another to cause harm. Battery on the other hand is actually committing the crime or the offensive and non-consensual touching of another. Very often, they are discussed together and considered as the same, but in reality, they are two distinct crimes with separate laws. The victim may bring an action of personal injury against the wrong doer, the state may prosecute the issue as a crime, or sometimes both may occur.

Criminal statute of limitations

The statute of limitations for each crime depends on a large number of factors such as the state in which the crime occurred, whether the crime was a felony or not, and whether or not there were any aggravating factors such as the use of a deadly weapon. The age of the victim is also a very critical factor as in certain states, if the victim was below 16 years of age, the statute may not even start running until the victim becomes 16 years of age.

Personal injury

Assault and battery defined

In the same way, the statutory period for personal injury also depends on the state. For instance, the time frame is 2 years in California while Florida allows a limit up to 4 years. Assault and battery are both crimes that are very serious in nature and hence the punishments awarded for the same are just as serious.

That was some info on assault and battery and their statute of limitations. As the statute of limitations vary depending on various factors, it is important that you fully understand your case and the laws that apply within your jurisdiction. For more details on what is assault and battery and penalties for the same, refer online legal resources.

Wrongful Termination Lawyers In Los Angeles

Los Angeles wrongful termination lawyer

Reasons for wrongful termination

An employee can be said to have been wrongfully terminated if he/she has been fired in violation of the legal rights. If an employee has reason to believe that he/she has been terminated wrongfully, then he/she can file a wrongful employment termination case or register a complaint with the government agencies. Alternatively, he can avail the services of a Los Angeles wrongful termination lawyer to file a private lawsuit if he can afford it.

Wrongful termination, which is also known as unfair termination, wrongful discharge, wrongful dismissal or unjust termination, is a condition wherein the employer terminates an employee’s contract of employment in violation of one or more terms of the employment contract or in violation of a statute provision in the employment law. The scope of an unjust termination varies from jurisdiction to jurisdiction and also according to the terms of the employment contract.

A large number of organizations in many states have now adopted the ‘at-will’ clause, which means that any individual can quit anytime they want, without providing any notice in advance and which means that an employer can dismiss anyone without the need for any reason to fire you. In such situations, an employer is considered as covered beneath the employment will, unless there is a contract or bargaining agreement.

Even so, an employee can be said to have been terminated wrongfully if the dismissal was in violation of a public policy, if there was discrimination involved or if it is not in accordance with enterprise policy states guidelines. Discrimination at the workplace can be the discrimination shown in promotion, hiring, compensation, assigning jobs as well as discrimination in termination. Any termination based on discrimination on the grounds of gender, race, color and the like can all be considered as wrongful.

Wrongful dismissal

      Wrongful termination attorneys in Los Angeles

There are various other reasons also for which an employer may wrongfully terminate an employee such as in retaliation for being a whistle blower, unwillingness to commit an illegal or wrongful act when asked to, for generating a complaint to a governmental organization or for participating in an investigation for discrimination. Another common reason for terminating an employee wrongfully is as retaliation for refusing sexual advances that were made towards him/her.

If you have reason to believe that you have been terminated wrongfully, then avail the services of a seasoned Los Angeles wrongful termination lawyer. Either you can file a private wrongful termination lawsuit or with a government agency that enforces labor laws.

Determining Whether Your Legal Settlement Is Fair

legal settlementss

Wrongful death settlements defined

It is often the case that a party involved in a case sees the settlement received as unfair. It is always hard for the court to please both the parties involved in an argument, and the person having the better argument of the lot manages to get the most out of a settlement. In the case of wrongful death settlements too, the scenario is the same. If you had to suffer the loss of a close family member due to the actions of another person’s negligence, then you can file a wrongful death lawsuit against that person. You will then be eligible for the damages that are declared in that case, usually if you are the closest living relative to the deceased.

Determining the damages

The first requirement in such a case is of course a competent attorney to back up your claims. He or she will check whether you have sufficient grounds to file a wrongful death lawsuit. If he or she is satisfied with the situation, then they will take up your case in court. The lawyers will advise the clients to pursue such a case if there was a medical malpractice, negligence in the workplace, a reckless traffic infraction, criminal activity or other similar acts by the defendant. If the lawyer is able to convince the judge that the defendant’s irresponsible and negligent behavior resulted in the death of the victim, then the court will determine a suitable wrongful death damage to be paid by the defendant.

legal settlemtn

     definition of wrongful death settlements

In the case of most of the state laws that exist in the country, a proven wrongful death should result in the surviving family members being compensated by the defendant. In some cases, once you file such a lawsuit, the court will request that both the parties meet to try an out-of-court settlement of your wrongful death claim. If such an attempt is successful, you will be able to resolve your problems without the hassles of the judicial system.

Another point that needs to be noted is that, the wrongful death lawsuit must be filed within the statute of limitations that applies to the state that you are filing the lawsuit in. Failing to do so, will result in you losing the wrongful death settlements.

This is some information on the wrongful death lawsuits that are held in a courtroom. Further information on this will be available from the legal section at the library nearest you.

Assault And Battery: A Brief Explanation

What is Assault and Battery

Assault and Battery defined

Any student of the law, who is interested in pursuing a path in criminal law will be interested in learning about the definitions of these two terms: Assault, and Battery. It is easy for a person to get these muddled, and a slight misinterpretation would then go on to branch into greater misunderstanding. Sometimes, too much information can lead to some notable points being overlooked by a person searching for knowledge. This is especially true in the case of legal matters, where if one was to quote multiple cases while explaining some simple topic, it could prove counter-productive and make the topic complex to learn.

What is Assault and Battery?

Assault and Battery are criminal acts that are often punished with severity by the courts. They are both very different from each other, and the punishment received for each of them will differ according to the state in which the case is tried.

If a person intentionally threatens another, aiming to injure him or her bodily, then this act can be described as an Assault. It needs to be noted that a simple threat cannot be treated as Assault, as it requires that the person issuing the threat also have the means to carry it out at the time.

An act can also be classified as above if it involves creating a fear of imminent violent attack on another person. In such situations, it will become apparent to the victim that if necessary measures are not undertaken, then he will suffer harm. For an Assault to occur, there is no need for any actual physical contact between the persons involved.

criminal law

           Assault and Battery definition

If a person was to engage in physical contact with another person without his or her permission, then such an act can be called as Battery. If a person uses an object or a weapon to attack another person, then such an act will also be referred to as Battery. This physical contact need not result in injuring the other person for it to be termed as Battery. It is a much more serious crime than Assault.

If you still have doubts regarding the question, “what is Assault and Battery?”, it is clear that you are ready for reference books and legal textbooks. Browse through some cases, and the differences will become clear to you.

Guidelines For Filing A Wrongful Death Lawsuit

Wrongful death lawyers Los Angeles

Los Angeles wrongful death lawyers

Filing a wrongful death lawsuit in a court can be both a painful and a tiring process. There are many wrongful death lawyers Los Angeles can offer, and you need to select the best in order to get good results. Here are some tips that will help you in your filing process.

Tips for filing a wrongful death lawsuit

  • First of all, you must make sure that all the basic requirements for filing a wrongful death lawsuit are met. Some documents are necessary for filing a case; ensure that you have those documents in your custody. Such documents include death certificates signed by the coroner, and various others. You should also ensure that there is sufficient evidence to prove that the death is classified as a wrongful death.
  • The next step in ensuring that you obtain justice is hiring a competent lawyer to represent you in a court of law. The lawyer will be required to present sufficient evidence in the court during litigation, which attributes the death of the victim to a negligent action by the defendant.
  • You will need to know the statute of limitations that exists in the state as it will be different under different jurisdictions. The statue of limitations is a time limit set under that jurisdiction; for the lawsuit to be valid, you will have to make sure that your lawsuit is brought to bear within this time limit. Therefore, you will have to act fast so as to not to fall outside the statute.

    Rules of Civil Procedure

    wrongful death lawsuit lawyers in Los Angeles

  • Make sure that the lawyer representing you has all the documents regarding the case, which was in your custody. It is almost impossible to file a wrongful death lawsuit on your own in many jurisdictions, as this takes lots of court time. Contact the local court and see whether you are allowed to file a wrongful death lawsuit on your own.
  • Go through the Rules of Civil Procedure online for more information regarding the filing of lawsuit.

These are the guidelines that you have to follow if you intend on filing a wrongful death lawsuit in a court of law. There are several capable wrongful death lawyers Los Angeles can provide you with, so make sure that you pick the right one for succeeding at the case.