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Unbearable Working Conditions: Understanding Constructive Discharge

noreply@blogger.com (Anonymous) — Thu, 26 Feb 2015 19:07:00 +0000

Hearing the words “you’re fired” or receiving the pink slip are the two things that are commonly associated with termination. Unsurprisingly, this is one of the most inevitable episodes of one’s employment, especially if the individual is found to have violated one or many of the policies of the company. Frequent absences or excessive tardiness, poor work performance, and other similar reasons often result in an employee getting terminated.

However, there are instances wherein the reason for an employee’s termination is considered illegal under the prevailing employment and labor laws. Even with the “at will” employment doctrine applied, in which an employee can be fired at any time with or without reason, a covered employer must not make the decision based on what is prohibited under such laws as the Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), and others.

Wrongful termination is what happens in these kinds of instances. An employer is guilty of such if its decision to fire an employee is based on what is deemed illegal under the law or under certain policies which are considered within the society as morally wrong. For the most part, the decision is carried out to the employee either verbally or in writing.

But then, there is also another form of wrongful termination that is very much different in the way it is carried out. Instead of handing it down to the affected employee via verbal reminder or in writing, the employer subjects him or her to unbearable working conditions, also popularly known as “hostile work environment.” This is called constructive discharge.

Here, the employee is forced to quit his or her job because of the hostile working environment within the workplace. The employer, who should have been responsible in addressing the workplace situation, kept it as it is until it grew worse to the point that the employee has no other recourse but to resign from his or her job position.

No matter how many times an employee wants to have his or her employer to put an end on all of this, the discrimination, harassment, or retaliation continues on until the employer quits. Because it is technically not voluntary, it is considered termination, without the employer uttering the words “you’re fired” or even handing the individual a termination letter.

But just like any other victim of wrongful termination, someone who has been subjected to constructive dismissal in employment is entitled to file legal claims against his or her employer. However, it is important for the individual to understand certain instances which warrants a claim for constructive discharge. These include the following:

Sexual harassment by the boss, manager, supervisor, or any other immediate superior;

Continuous maltreatment of an employee on the basis of his or her age, race, sex, national origin, religion, disability, or any other protected characteristic defined under federal and state employment and labor laws;

Employer retaliation as a result of an employee’s exercise of protected activity such as filing a discrimination or harassment complaint with the appropriate agency or filing a complaint of an employer’s illegal activity with a government or law enforcement agency; or

Change in duties or continued maltreatment because an employee filed for a leave of absence under the Family and Medical Leave Act (FMLA) or any other similar state laws.

Meanwhile, if you quit your job because of an alleged hostile work environment, it is important that you seek legal assistance immediately. Speaking with a Los Angeles wrongful termination lawyer helps you determine if you have a constructive discharge claim against your employer.

Minimum Wage Increases: The Battle for Inclusive Growth of the Country

noreply@blogger.com (Anonymous) — Sat, 14 Feb 2015 00:28:00 +0000

The minimum wage is the lowest hourly, daily, or monthly remuneration that employers are bound to play their employers for the work they have rendered. Several states in the country may implement their own minimum wage laws, with rates depending on various factors that affect certain states. Additionally, the federal government implements a nationwide minimum wage to ensure that employees all around the country receive wages that are enough to cover their daily needs.

The Dilemma of Minimum Wage Earners

Sadly, living in North America has been having harder every day. More and more American families have been falling below the poverty line because of the failure to increase the federal minimum wages. These causes more and more people to have problems trying to put food on their tables which causes malnutrition to more and more American children. This also makes it difficult for some pared their children to school.

Calls to Raise the Federal Minimum Wage

A group of mayors from different states in the country also raise the following points to US President Barack Obama to act on the issue about the federal minimum wage as the current $7.25 minimum wage isn’t enough. According to the group, the federal government should start awarding a $10.50 per hour rate as this would have been the ideal amount of minimum wage should the annual inflation rate is factored in. Moreover, these experts believe that these employees deserve to receive up to $18 per hour if only the minimum wage rate was based on and kept up with worker productivity. That is why the need to raise the federal minimum wage is critical, as this can help these individuals give their families a better life.

Higher Wages, Better Savings for the Government

More than being able to provide a better life for their family the resolution also pointed out various benefits of the local and national government because these higher wages. First and foremost, a higher minimum wage allows for better earning for the public, allowing them to have better purchasing power which can stimulate economic activity. This would also help the government save money as a significant amount in as far as the Supplemental Nutrition Assistance Program federal minimum wage is concerned. These benefits doesn’t just help each American family but the government as well.

This is the reason why calls for the increase in the minimum wage are getting stronger as the benefits clearly outweigh the setbacks caused by such increases. And so these mayors are pushing for the increase of the minimum wage laws including US President Barack Obama himself.

However, there are also a lot of issues that are needed to be resolved when it comes to the issue of minimum wages. For example, there are many firms that commit minimum wage law violations. Some of these companies happen to get away from persecution as some employees fear retaliation for stepping out and fighting such violations. By raising the minimum wages and ensuring that the workforce receives these added wages, nobody gets left behind and inclusive growth can truly be felt.

Wrongful Termination Claim: When Must It Be Filed

noreply@blogger.com (Anonymous) — Wed, 11 Feb 2015 01:05:00 +0000

Wrongful termination is not an uncommon issue in the realm of employment in California. Most of the times, such incidents go against the exceptions to the at-will employment rule (i.e. employers can fire workers with or without any reason). Indeed, an employee is said to have been wrongfully discharged from work if any of the following exceptions take place:

· Public policy violation. An employee who files a worker’s compensation claim or refuses to take part in an illegal activity cannot be terminated for doing so. Otherwise, it is a violation of public policy.

· Implied contract. An employee who is told verbally about long-term employment with his or her employer has an implied contract. Terminating him or her at will goes against the said contract, thus can be a grounds for wrongful dismissal.

· Written contract. An employee who has signed a written contract with the employer can only be fired in accordance to the terms and conditions stated within the contract. Any decision to terminate him or her is a violation of the written contract’s terms and condition, thus allowing him or her to establish a claim of wrongful termination.

· Covenant of good faith. An employee who is fired despite him or her performing well in his or her job is a breach to the covenant of good faith, and thus a form of illegal dismissal.

· Constructive discharge. Getting fired doesn’t always mean receiving termination papers. There are instances wherein an employee who feels that the hostile and abusive working conditions or environment is too much for him or her to handle that he or she has no other choice but to resign. This is called constructive discharge, and it can be grounds for filing a claim.

If you believe you have been wrongfully terminated, it is important that you hire an employment attorney so that you may be able to establish a lawsuit. Because the victim of such an unfair workplace treatment usually carries a burden of proof, you need an expert lawyer to establish that proof and present evidence in your claim.

Meanwhile, here are some other things to consider aside from taking:

· If your employer did terminated you on illegal grounds, then you need to first exhaust administrative remedies before you could retain legal counsel from a reputable wrongful termination lawyer. In particular, you need to file a complaint with an agency who handles employment cases, such as the Equal Employment Opportunity Commission (EEOC) or the California Fair Employment and Housing Act (FEHA).

· While you are dealing with your claim with either agency or with your attorney, you need to find a new job. It may not be required, but it helps if the damages you incurred are reduced.

Minimum Wage Laws: Why Does it Matter?

noreply@blogger.com (Anonymous) — Tue, 27 Jan 2015 23:33:00 +0000

For some people who earn a lot, the word “minimum wage” is very far from their concerns. Because they earn a lot more than they need, some may not really give that much attention to these words. However, for people who have meager salaries that have been having problems trying to make both ends meet, these two words are their hope for survival. That is why minimum wage is far more important than some people think it is.

Minimum Wage Laws Are There For a Reason

There is a minimum wage law that sets the amount of the lowest possible wage that an employer in a particular state pays their workers. Lately, moves to legislate an increase in the minimum wage for several counties and states are being made. However, only a few states have really come up with these new laws and came up with way to tinker with it. Sadly, while there are a number of states that have been able to implement these laws, some are still left to deal with lower wages, having a hard time dealing with such challenge to their existence. A Los Angeles employment law attorney explains that these laws were made for a reason and it is meant to be followed. Failure to adhere to these laws can get an employer guilty of violating minimum wage laws. In such cases, an employee can file a minimum wage law violation claim to the courts.

Moves to Raise Minimum Wage

Every now and then, because of the effects of inflation, many groups and agencies push for the raising of the legislated minimum wage law in different areas. Such will offset the rising prices of commodities, services, and utilities that you need. These laws have helped thousands of families get by and make both ends meet as higher wages were raised, alleviating their sufferings. However, these moves often face grave opposition, making it almost impossible for wages to be raised. Good thing, such moves have been making progress lately, making a lot of minimum wage earners and their families happy. Such helps them get more food on the table, have a safe place for shelter, warm with the clothes they wear, and most importantly, keep sending the kids to school. Such lets them get by with their needs.

Filing a Minimum Wage Law Violation Claim

If someone violated your rights under the minimum wage law, you can ask for the help of the US Equal Employment Opportunity Commission (EEOC) and a good and experienced Los Angeles minimum wage law attorney. They will help you prepare a good claim that has a great chance for success. Moreover, they will help you present your case well, try to come up with a settlement of such claims in your favor, and most importantly, teach your employers a lesson to follow the law and give you and others the proper wages. However, to do just that, you have to be completely honest and provide all the necessary proof to back up your claims. Such will help your case significantly, boosting your chances of winning and putting much more pressure on your employers to settle the case, letting you get the maximum amount of compensation for the damages.

Important Driving Tips You Need to Remember This Holiday Season

noreply@blogger.com (Anonymous) — Fri, 19 Dec 2014 00:12:00 +0000

We are now in the midst of the festive and ever-joyful Holiday season. Indeed, tens and thousands of people are expected to go shopping, attend parties and important get-togethers, and basically spend quality time with family members and friends. As we count down the days towards holidays, one thing is for sure: more and more vehicles are likely to fill the roads. In fact, the heightened traffic activity had already started since Thanksgiving weekend, and in the following days up to this point, traffic build-up has become commonplace.

In addition to the stress-inducing traffic congestions, this season is also a time for traffic collisions. With unruly drivers roaming the roads, as well as those who are driving while intoxicated or distracted, accidents on the road this season are sure to increase in number. Motorists, therefore, must ensure that they prevent themselves from becoming statistics; suffering an injury is the last thing anyone would want to experience in a rather joyous season.

If you are expected to drive more times than usual this season, it is important that you put these important tips in mind:

· Whether you are going on a long trip or not this Holiday season, it is important that you have your ride serviced to ensure that it is working properly. Go to a licensed auto mechanic for a car tune-up as a preventive measure. Pay special attention to the lights to see if they are working; tires if they are on the correct condition and air pressure; car fluids if needed replenishment and battery if it can still provide power.

· If you are going for a long drive with friends and/or family, make sure that you obtained enough rest before the trip. You can’t afford to feel fatigue in the first few kilometers. But if you feel fatigued in the middle of the trip, you can switch places with someone in your party to substitute you on the driver’s seat.

· When going to parties, it is expected that you would be having a drink or two. Plan ahead; make sure that you have a non-drinking designated driver to accompany you going home. Otherwise, don’t drive at all going to the party.

· If you have children as passengers, make sure that they are properly restrained in a federally-approved child restraint or booster seat.

awards other drivers’ actions can throw your focus off your intention to drive safety, which could potentially lead to an accident.

· Don’t get distracted—keep your phone off while driving. This will prevent you from texting or even answering your cellphone while you are behind the wheel. If you turned it on and you are expecting an important call or message, better pull off the side of the road first before picking it up.

· Make sure that you carry out safe driving techniques. Maintain distance with the vehicle in-front of you. Keep the posted speed limit in mind; slow down when encountering a road hazard. Brake and accelerate at the right moments. More importantly, stay patient; you’ll still get to your destination no matter what.

The roads may be too much for you this season, but with these important safety tips in mind, you don’t only keep a cool head while driving, but also avoid yourself from getting involved in a potential car accident that would definitely ruin your holidays with your loved ones. In case you or your loved one gets in a traffic accident this season, it is extremely important to contact a Los Angeles car accident lawyer immediately to assert for your rights and get compensations for your losses.

May you have a safe and stress-free driving this Holiday season!

Another Pit Bull Attack in Indo Injures Two Minors

noreply@blogger.com (Anonymous) — Fri, 12 Sep 2014 17:33:00 +0000

Incidence of pit bull attacks isn’t really new to California and the whole country has regularly been reported in the US for some time now. According to dog bite site DogsBite.org, pit bulls lead in the bite counts across the cities in the US and in different counties as well. In a study conducted by experts, it was revealed that at least 27 pit bull bites have been reported. In spite of the pit bull attack “myths” claimed by other pro-pit bull groups in the country, the incidents record in several US states such as Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Massachusetts, Maryland, Michigan, Nebraska, Nevada, New York, North Carolina, Ohio, Oregon. Rhode Island, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, and California prove that pit bull bites remain as the “most damaging”, as it inflicts permanent and disfiguring injuries for the past few years.

Another Pit Bull Attack Recorded in California

According to a report, two children aged 11 and five have been attacked by a pit bull in Indo, California, last August 9, 2014. A 4-year-old pit bull named Cucuy broke free from his restraint on a property in the area. Details revealed that the same dog has also bit its owner’s son in the head just last April. This, according to experts, proves how dangerous pit bulls can be. Moreover, this recent incident justifies the laws that ban people from taking care of pit bulls. Reports reveal that the 5-year-old boy was bit on the back of his head where wounds were found after he was transported to a local hospital. The 11-year-old boy on the other hand was bit in both his stomach and one of his hands. The owner of the pit bull has already surrendered the dog to the Riverside County Animal Services where he was euthanized.

Are Pit Bulls Really That Dangerous?

DogsBite.org made a nine-year study from the years 2005 to 2013 where they observed the involvement of pit bulls in dog attacks recorded in the country. The study revealed that pit bulls and Rottweiler dogs accounted for around 74 percent of the total recorded attacks in the given period. Of these incidents, pit bulls contributed to the majority of these incidents, even leading to fatal injuries experience inflicted by these dogs. Some pit bulls even end up attacking their masters as well with even the slightest or no provocation at all. That is why some groups have been repeated calling for the control or ban of these breeds of dogs. According to them, the violent nature of these dogs does not only put the public’s lives in danger, but their owners as well.

Preventing Pit Bull Attacks

According to a Los Angeles animal attack attorney, a pet owner can be held liable for the injuries that his or her pet dogs can cause to others. According to him, filing a claim entitles you to receive compensation for the damages that the injury as well as the physical, financial, and emotional trauma that the attack has caused you and your family. By filing a claim, you do not only seek justice for yourself but also help prevent others from suffering the same fate that you experienced because of an animal attack.

If you are looking for an attorney in Los Angeles, please visit this website: http://www.findbestlawfirms.com/

Vehicle Splits into Two, Kills 5 California Teens

noreply@blogger.com (Anonymous) — Tue, 04 Jun 2013 23:40:00 +0000

Image gives credit to NBC Los Angeles.

Here is another story of supposedly happy road trip that turned tragic.

According to recent news reports, at least five California high school students were killed after the vehicle they were riding hit a tree and split into two in Orange County.

Initial investigations have revealed that the five Southern California teen students from Irvine Unified School District were heading to the beach to spend a day sharing their immigrant experiences.

All passengers of the Infiniti Sedan were all teens. Police identified the victims as Abdulrahman Alyahyan, the 17-year-old driver, Robin Cabrera, 17, and Aurora Cabrera, 16. The other two occupants of the vehicle were identified as Cecilia Zamora and Nozad Al Hamawendi, both 17-years-old.

According to police report, the vehicle that they were riding veered off the road and struck into a tree. As a result of which, the car split into two and burst into flames. Four of the teens were ejected from the car due to the strong impact of the collision, while the other one was pronounced dead at the hospital.

Due to the severity of the incident, the Orange County’s coroner had to use fingerprints to identify two of the bodies in what the authorities described as one of the worst accidents in Newport Beach in recent history.

The authorities speculate that over was a factor to the incident. The posted speed limit on Jamboree Road, a major six lane street in south Orange County, where the incident took place, is 55 mph but police suspect that the victims’ vehicle must have exceeded the required maximum speed limit.

Meanwhile, in wake of the car crash, a car accident attorney in Los Angeles herein offers his deep thoughts and prayers to the victims. The lawyer herein also recounted that just a few weeks ago, similar incident occurred in California, wherein a group of friends came out to celebrate the recent marriage of their fellow ally. As the victims were riding in a limousine, the vehicle suddenly catches fire which killed at least five of its occupants including its newly-wed occupant. Therefore, he once again renewed his call for everyone to observe traffic law and proper vehicle maintenance to avoid similar accidents.

RESOURCE:
http://www.accidentlawyerlosangeles.us/personal-injury-attorney

Step-by-Step Guide: Making a Personal Injury Compensation Claim

noreply@blogger.com (Anonymous) — Fri, 24 May 2013 09:00:00 +0000

This is a guest post from Carla Steve of Clear Water Solicitors.

Personal injury compensation claims have been on the rise at a steady pace over the course of the last few years. As an explanation many are now observing that that awareness about legal rights is on the rise. Life is fragile and there’s no two ways about that. Accidents at both home and workplaces have become very common, and either claim the lives of millions of people each year or severely injure them in the process. In the event that an accident occurs, where a person has been injured due to someone’s negligence, certain laws have been formulated and put in place to protect the rights of the victims. If you have suffered a personal injury you can seek compensation on two grounds: special damages and general damages. The following steps can help streamline the process, and lead to a better understanding of what to do:

What constitutes a personal injury?

For you to be able to make a personal injury compensation claim you must first understand what a personal injury is. Accidents are aplenty and can leave emotional and physical scars on a person. You can pursue a personal injury claim if an accident that you were involved in resulted in the following:

•    An ailment, infection, disorder or physical injury
•    A cognitive or psychological disorder, injury, ailment
The most important element of a personal injury is that it is occurs because of an accident caused by someone else. Most personal injuries can be pursued under tort.

Understanding personal injury: What it alludes to:

•    Injuries obtained at the work place or those acquired as a result of working with faulty or dangerous equipment
•    Psychological condition acquired as a result of stress at the work place
•    Injuries incurred due to road accidents
•    Injuries caused by defected or damaged products or faulty services
•    Any injury caused by tripping over faults with pavements
•    Psychological condition caused by any kind of child abuse
•    Erroneous medical treatments or wrong vaccinations
•    Injuries inflicted upon a victim while a criminal activity is underway (could be psychological)
•    Psychological or physical ailment caused due to unfair distinction or harassment at the work-place

Actions you can take:

•    Inform the necessary authorities like the police with reference to a crime or accident, health and other insurance companies.
•    Procure evidence for the authorities – the injury needs to be documented, photographs of the site, accounts of witnesses and victims
•    If the injury is physical, make sure you consult a doctor who can help with medical reports that can be presented for the health insurance requirements
•    If the injury takes place at work then an entry must be made in the accident book, or a report should be given to the employer.

Complaints: The ins and outs

For a compensation claim to work you need to first bring it forward as a proper account. There is a chance that you may be able to settle the matter with a formal apology. In the event that your personal injury compensation claim stems from a serious injury you can take a different course (i.e. make a formal complaint).

Depending on the situation you are an, a formal complaint can be lodged with a department within the government, the authorities or the police, the educational institute that you’re attached with, or a hospital.

Compensation: What you need to know

In order to get compensation for your claim you can go through certain channels. In general there are claims managers or claims assessors that can guide you. You can also take up the matter in court and pursue it legally. Alternatively, the personal injury lawyers can also be approached to help you lodge an official claim. There are also special compensation schemes that one can take advantage of.

Legal action: The breakdown

•    If you want to avoid going to court
•    Find a solicitor and provide him with all the necessary evidence and accounts of the incident of the personal injury
•    Individuals with legal expenses insurance should provide a copy of their insurance to their solicitor
•    After the initial consultation, the solicitor will decide whether or not to on the case
•    A claim is sent to the defendant with an expected reply within a particular period. If the defendant accepts responsibility then the solicitor tries to settle the matter outside the court
•    A part 36 offer or a compensation offer is made on the basis of the value of the claim and could be presented from either side in order to settle matters outside court
•    If you are insistent on legal action by the court
•    In case the defendant does not accept liability or the matter isn’t resolved through compensation, the case can be presented in front of a judge after consultation of the solicitor.

About the Author:

Carla Steve researches about compensation claims for personal injury and other issues relating to injuries. She is passionate also about work accident compensation claims and other employee rights issues. She also loves cheering on Chelsea FC and listening to RnB music.

Witnesses’ Testimonies Intensify Michael Jackson’s Wrongful Death Case Atmosphere

noreply@blogger.com (Anonymous) — Fri, 17 May 2013 19:05:00 +0000

Since Michael Jackson’s wrongful death trial has commenced, a series of developments started to surface from several witnesses who wish for the case’s final resolution.

Apparently, the case filed by MJ’s mother, Katherine Jackson and his three children, in wake of the pop star’s death started to shed light after several witnesses have recently took the witness stand.

Previous reports have confirmed that the King of Pop’s make-up artist, a health expert, and a paramedic have recently testified in the said wrongful death case. In her emotional testimony, MJ’s former make-up artist, Karen Faye described how MJ has changed over 27 years. She claimed that she was shocked upon seeing that the King of Pop’s once muscular body has turned thin, and actually skeletal. He seemed not strong enough for the rigorous concert schedule during the preparation of his comeback concert, ‘This Is It’, she said.

Faye also recounted few moments wherein she felt broken hearted while preparing for MJ’s upcoming concert. She testified how she pitied MJ after the singer’s costume designer claimed that he could already see MJ’s heart beating through his skin. In response, MJ’s manager simply said “Get him a bucket of chicken.” She also told the court that she was alarmed by Jackson’s use of painkillers since the time he was accidentally burned during the filming of a Pepsi commercial to the day of his concert rehearsals before he died.

Meanwhile, in a testimony provided by the paramedic and firefighter, Richard Sennef, who was a part of the rescue team during MJ’s death, he affirmed that Dr. Conrad Murray, MJ’s attending physician during the time his death, made multiple statements to cover up what really happened that resulted to the singer’s cardiac arrest.

Sennef described what he saw in the singer’s bedroom during their arrival at the scene. He claimed that there was an IV pole, but no heart monitor or resuscitation equipment inside the room. The way he looked at MJ that time, he thought that the singer, who remained unresponsive despite all efforts to revive him, was at the end of a disease process. He looks pale and emancipated, he said.

He claimed that Murray looks frazzled, pale and sweaty while reviving the singer. In his perceptive, MJ’s blue hands, feet and lips all signaled that he was already dead and haven’t breathing for a long time. On the other hand, Murray reiterated that Jackson was only dehydrated and exhausted. Also, Murray even denied that MJ was on medication, and did not mention anything about the Propofol, the powerful sedative that the autopsy has confirmed to cause the singer’s death.

Furthermore, an expert cardiologist was also called in court to testify. In s statement released by Dr. Daniel Wohlgelemter, a Santa Monica-based cardiologist, he claimed that after reviewing Murray’s credentials as a health care provider, he found him unqualified to treat the singer for his insomnia or drug addiction.

Wohlgelmter found out that Murray had no formal training on how to treat such problems, making him impossible to treat the singer’s sleeping issue as well as to administer the powerful anesthetic, Propofol, to help the singer sleep.

In addition, Murray also made a mistake by improperly focusing on the singer’s heart during the resuscitation. Wohlgelmter further claimed that the company should have asked why Jackson and Murray wanted to work with each other, but apparently, the company failed to do so.

So far, more witnesses are expected to take the witness stand in the next few days. Therefore, a Los Angeles injury attorney speculates that many other private moments from the singer’s private life will be publicly exposed as the case moves forward.

AEG Warns about Michael Jackson’s ‘Ugly Stuff’ to be Revealed as Wrongful Death Trial Begins

noreply@blogger.com (Anonymous) — Fri, 10 May 2013 23:47:00 +0000

As the trial begins on Michael Jackson’s wrongful death lawsuit, recent news reports emerged claimed that during the opening statement, AEG Live lawyers warned jurors about the possibility of exposing the King of Pop’s biggest hidden secrets as the civil case commence.

According to Reuters, in his opening statement, AEG’s lawyer, Marvin Putnam affirmed that the three-month trial would bring to light some ‘ugly stuff’ that people don’t know about the renowned singer.

To begin with, Putnam asserted that during his lifetime, MJ put a wall between him and his family. Therefore, even his family wasn’t sure what was going on with the pop icon. He distanced himself to anyone who could have helped him with his unusual behavior.

Ironically, while Putnam claimed that Jackson has been using the powerful anesthetic Propofol for years to help him sleep, he likewise reiterated that AEG had no idea that MJ was taking the surgical anesthetic that led to his death.

MJ’s mother, Katherine Jackson and the his three children, Prince, Paris and Blanket, are accusing AEG for negligently hiring Dr. Conrad Murray to look after the singer’s health condition in preparation for his comeback concert, ‘This Is It’ in 2009.

Meanwhile, AEG still contends that it did not hire or supervise Murray in administering the powerful surgical anesthetic to MJ.

During Monday’s trial, a handful of MJ’s fans gathered outside the court and anticipating for justice for the pop icon while the Jackson family didn’t showed up in the house.

Fortunately for MJ’s family, despite the fact that the defendant party is continuously throwing unpleasant revelations (which we do not know whether it is truth or threaded lies) about the King of Pop, his fans still remain supportive with him all this time, admired by a Los Angeles personal injury lawyer.

Los Angeles Motorcycle Attorney Tackles Motorcycle Safety Awareness Month

noreply@blogger.com (Anonymous) — Fri, 03 May 2013 21:35:00 +0000

Following the Distracted Driving Awareness Month that was held last month, the nation is now celebrating Motorcycle Safety Awareness Month, in which a Los Angeles law firm ensured to take part on the event.

In an effort to support the celebration of Motorcycle Safety Awareness Month, several lawyers herein talk about how you can maintain safe driving in your bikes.

Unfortunately, although there are many traffic rules and regulations that are being implemented in Los Angeles to make sure that the safety of motorists and even pedestrians, they are not always observed, resulting in more motorcycle accidents. In fact, based on recent statistic, figures revealed that 361 people died from motorcycle accidents while some 11,000 people were injured.

Consequently, a Los Angeles motorcycle attorney from the firm is once again reminding all motorcycle drivers to obtain the proper safety equipments and professional training as required by the law before hitting the road with your bikes.

Each year, the California Highway Patrol (CHP) is holding a series of Basic Rider Courses, which the agency strictly recommends for drivers to take. Other private facilities are also offering valuable advanced training, highlighting subjects ranging from off-road driving skills to road-racing techniques.

The law firm further warned motorists of using unapproved helmets. It is best to invest on a more expensive helmet approved by the Federal Motor Vehicle Safety Standards than stick to the cheaper ones that usually fail during collisions.

While motorcycle helmets can reduce the risk of a traumatic brain injury resulting from accidents, motorcycle clothing and other protective gears can help prevent severe injuries. In addition, constant training can significantly help save lives.

Moreover, although strict maintenance for motorcycles is a bit costly, keep in mind that a defective or damaged part of the vehicle could likely result in a tragedy. The Mesriani Law Group advised to have a regular motorcycle inspection and tune-up.

Last but not the least, the law firm further noted that there is a higher chance of getting involved in an accident when driving on shoulder lanes.

Given the long years of experience in handling motorcycle accident cases, the law firm herein was able to provide the above-said safety precautions to help motorist in preventing possible accidents and injuries from being involved in such misfortunes.

5 of the Most Notable Product Liability Lawsuits in History

noreply@blogger.com (Anonymous) — Fri, 26 Apr 2013 23:49:00 +0000

Each year, thousands of product liability lawsuits are filed across the country. Some of the past lawsuits have reached verdicts, while others were resolved through settlements. Usually, faulty or sub-standard products are the main cause of most complaints.

Generally, the lawsuits are filed by consumers, consequently requiring the company in question to maintain safety standards and spend extra resources for product testing.

Below are some of the most remarkable product liability lawsuit in history that marked several changes in the current product safety standards and reliability:

McDonald’s coffee

Coffee is usually served and consumed hot, but not too hot to the point of burning one’s skin.

In 1994, Stella Liebeck filed a lawsuit against the fast food chain giant claiming that she suffered third degree burns on her thighs, groin and buttocks after a hot coffee accidentally poured into her. Liebeck claimed in her lawsuit that company served coffee at a temperature of 180 to 190 degree Fahrenheit while other companies served only at a reasonable 140 degrees Fahrenheit. The complainant was awarded with $2.7 million in damages and some $160,000.00 for her medical expenses.

Ledraplastic balancing ball

Balancing balls are purposely created primarily for athletes to protect their body from hard surfaces and literally for balancing while exercising. Unfortunately, it didn’t function as expected during a warm up exercise session of the Sacramento Kings team.

In 2009, Francisco Garcia of Sacramento Kings sued Ledraplastic after a 75-meter balancing ball burst into him while he was balancing along with weights. He sustained fractures in his right forearm and was unable to play for four months in his first year of contract with the Kings. Both Garcia and the Kings filed a product liability claim against the company. The complainants were awarded with $4 million in lost wages and some $29.6 million in damages.

Toyota cars

In 2010, Toyota model cars were involved in one of the biggest litigation cases in history, as well as a class action lawsuit. The automaker failed to install a safety feature called “brake to idle fail safe.” The safety feature was used to reduce the chances of an accident once the accelerator malfunctioned. Toyota agreed to pay a staggering amount of $1.1 billion to settle the lawsuits.

Blitz gas cans

Blitz was formerly the largest producer of portable gas cans in the U.S. but the company was forced to file bankruptcy in 2012 after paying an average of $4 million each of the more than 30 complainants in a series of product liability lawsuits. Complainants claimed that the gas cans would explode when used to pour gas to start a fire. Now the company ceased its operation.

Remington rifle models 700 and 710

Since 1979 until present, Remington has received thousands of customer complaints product liability claims. Unfortunately, instead of admitting the defect and correct what has went wrong in its products, the company chose to pay millions in settlements. Complainants claimed in their lawsuit that the rifle model 700 and 710 were proven to have faulty fire control system which can cause it to automatically fire even the trigger was not pulled.

Generally, product liability claims arise when someone has been injured to an apparent product defect. However, many personal injury lawyers remind that it is not always necessary that someone has to be injured to be able to file such claim. Keep in mind that if a product that is designed to function for a particular function but failed or malfunction, it clearly imposes threat. Therefore, everybody must fully understand the three types of product defects – the manufacturing defect, design defect and warning defects.

California Glorifies Distracted Driving Awareness Month by Cracking Down on Violators

noreply@blogger.com (Anonymous) — Fri, 19 Apr 2013 22:31:00 +0000

April is Distracted Driving Awareness Month. Therefore, law enforcement agencies across the Golden State, particularly the California Highway Patrol (CHP), continuously exert efforts to educate motorists about the dangers of distracted driving.

Over the years, distracted driving has grown to be a huge traffic safety concern not only in the state, but also across the entire country. Apparently, there is indeed a strong need to exert more efforts to put an end to it, agreed a Los Angeles car accident attorney.

Consequently, the CHP kicked off the Distracted Driving Awareness Month by curbing drivers who are violating California’s distracted driving laws. Law enforcements are keeping an eagle-eye for distracted drivers who wrap their one hand on the wheel while the other is holding a cell phone. In fact, at least 255 local agencies are joining this zero-tolerance effort.

Tickets issued on violators don’t come cheap, as said by a spokesperson from the San Jose police. For the first offense, a driver will be given a fine of $159.00, which would rise to at least $279.00 for the following offenses. With these fines, officials are suggesting that motorists should turn off their cell phones or put it out of reach when driving. Also, drivers can leave a message via voicemail, saying that phone won’t be answered when driving.

Last year, the same effort was made by state regulators to mark the Distracted Driving Awareness Month, with more than 57,000 tickets issued to traffic violators across the state. Also, during the last Super Bowl event, several agencies dispatched DUI patrols across the state to go after drunk drivers.

Based on statistics, drivers who are using cell phones are four times more likely to get into a car accident and get injured than someone who is not. By spreading awareness about the dangers of distracted driving, law enforcements believe that they could somehow reduce the number of injuries and fatalities brought by such driving behavior.

Clark Gable’s Son Arrested after Allegedly Hitting 6 Parked Cars in Malibu

noreply@blogger.com (Anonymous) — Mon, 15 Apr 2013 21:37:00 +0000

Image gives credit to Nelson Barnardo / Getty Images

Recent reports confirmed that the son of the Hollywood legend William Clark Gable, John Clark, was arrested for suspicion of drunk driving after he allegedly being involved in multiple car crash in Malibu.

Media sources say that Gable was arrested on last April 2 following a rear-end crash on Pacific Coast Highway in Malibu. Gable allegedly fled the accident scene and continued to drive until he struck six parked cars. The incident did not stop there as he continued driving. He only came to a stop when his vehicle struck the garage of a home nearby the area.

So far, no information has been released regarding the occupants of the involved vehicles. Also, there were no reported injuries associated with the incident. Nevertheless, the 52-year-old Gable was taken into police custody on suspicion of both driving under the influence (DUI) and hit-and-run before he was transported to the Sheriff’s station.

Subsequently, reports claimed that authorities contend that alcohol and drugs were seen as factors to the incident.

According to certain news articles, John Clark inherited his famous father’s good looks and interest in acting. In fact, he is reportedly filming a movie entitled “Sunset at Dawn,” which is expected to be released by 2014.

“You will find peace not by trying to escape your problems, but by confronting them courageously,” quoted by a Los Angeles auto accident attorney. If only Gable stopped right after the first car crash incident, the he would have avoided the subsequent mishaps as well as the hit-and-run charges, said by the lawyer herein.

Truck Driver Loses Consciousness After Choking on Food; Causes California Fatal Crash

noreply@blogger.com (Anonymous) — Fri, 05 Apr 2013 22:55:00 +0000

Image is a screenshot of the original photo taken by KCRA3.

Distracted driving laws only prohibit the use of handheld devices, but who knows in the near future, state regulators might also ban eating while driving following a tragic truck accident that killed and injured other motorists on the road.

According to recent news reports, at least two people were killed after a truck driver who choked on food and lost consciousness on California Highway just near Sacramento lost control of the big rig that he was driving.

Police reports claimed that the truck driver choke on food and lost his unconsciousness while driving along the eastbound lanes of Interstate 80, which is 15 miles west of Sacramento. Subsequently, the big rig drifted onto the right shoulder of the road and then sharply veered back to the left, going across the highway and over the center divider. As a result of which, it struck into an approaching BMW, which burst into flames before killing its two passengers.

The driver of the truck regained consciousness but it was too late to avoid another collision. The big rig further crashed into other two vehicles leaving three other motorists with minor to moderate injuries, according to the California Highway Patrol spokesperson.

The truck driver suffered minor to moderate injuries including burns. All lanes in the highway were closed to traffic for hours.

So far, the identity of the victims and the truck driver remains unveiled.

Truck accidents rarely occur. In fact, it accounts for only a small percentage on all vehicle accidents all over the country. However, when such accidents happen, it is often fatal and results to severe injuries, observed by a Los Angeles personal injury attorney.

San Mateo County Cracks Down on Distracted Drivers on Intersections

noreply@blogger.com (Anonymous) — Fri, 22 Mar 2013 23:15:00 +0000

Vehicle accidents commonly occur at intersections where traffic moves in several different directions. Accidents on intersections are likely to occur especially if a driver is distracted or does not observe traffic laws. Moreover, it is often devastating and can lead to serious bodily injury and costly damages since it can create a huge impact and may involve other vehicles.

Consequently, the San Mateo County has come to a point of cracking down distracted drivers on intersections.

According to reports, two dozens of traffic enforcers in motorcycles from all over the Peninsula were dispatched at Redwood City and Menlo Park, wherein some of the most dangerous crossings lie last Wednesday.

Apparently, the officers did not have a hard time nabbing drivers who failed to yield for pedestrians at crosswalks since they were on their motorcycles to go after the traffic violators.

Traffic collision date revealed that Redwood City was identified as having some of the most dangerous intersections. Also, in the same location, there has been overwhelming complaints of traffic accidents from the citizens, according to Burlingame police Captain Eric Wollman.

Unfortunately, traffic enforcers also put their lives in danger when cracking down unyielding drivers. In fact, many of them admitted that vehicles get past them, nearly running them over.

Subsequently, police told media sources that they issued nearly 200 citations from their recent traffic enforcement operation. Tickets may range from approximately $200.00 to $400 dollars, the officer said.

Furthermore, the officers are expected to have another operation at Millbrae and in some other cities next month, the report confirmed.

As it is, the San Mateo County sees taking such severe precautionary measures as the best way to end distracted driving. It is like educating all its residents about the dangers that it present, agreed by a Los Angeles injury attorney.

Giant Nursing Home Found Guilty in California Wrongful Death Lawsuit

noreply@blogger.com (Anonymous) — Fri, 15 Mar 2013 21:24:00 +0000

Sometimes, it is hard to make a decision on where to take a family member for a care. Often times, it ends up picking the best nursing home in town regardless of its extra-expensive asking price to make sure that a loved one will be in good hands. However, the fact that we don’t know and might surprise us in the end is that either small time or big time nursing home, both have their own ups and downs.

Surprisingly, recent news reports revealed that one of the biggest known nursing home in the country was found guilty in a wrongful death lawsuit filed against it.

According to reports, the Sacramento Superior Court has returned verdicts of wrongful death lawsuit and elder abuse against the largest assisted living company all over the country, the Emeritus Corp.

The said lawsuit was filed by the family of a former patient of Emeritus facility who died shortly after leaving the nursing home about five years ago. Accordingly, Joan Boice, who has been under Emeritus’ custody since she had Alzheimer’s disease until she died shortly after she left the nursing home in 2008. She was 82-years-old at the time of her death. She had at least four bedsores that were listed as major factors in her death.

Boice’s family’s legal representative has argued during the trial that understaffing and lack of training represented a strategy on Emeritus’ part to cut costs.

On the other hand, a spokesperson for the nursing home giant affirmed that the company is dedicated in providing excellent care to its residents. Apparently, the assisted living company was disappointed with the recent verdict.

Following this news, a Los Angeles wrongful death lawyer speculated that this will probably make a change to all the nursing home facilities out there as well as to those people who are investing too much money on what they believed to be the best nursing home in town. For the nursing homes, instead of eyeing at their profits alone, they should also be looking on every single detail of what is going on inside their residences. Meanwhile, for the families who entrust their loved ones to the assisted living homes, make a wise decision, he added.

Speedway Crash that Injured 33 NASCAR Fans Raises Safety Issues

noreply@blogger.com (Anonymous) — Fri, 08 Mar 2013 22:28:00 +0000

Following the terrifying Daytona International Speedway crash last Saturday, which injured 33 NASCAR fans, questions regarding safety at racetracks were raised.

According to previous news reports, the accident occurred after Kyle Larson’s car went flying during the final lap of a second-tier race. The car came to a stop on the barrier that separates the cars from fans. As a result of which, the fence was shredded and large pieces of debris including a tire sprayed into the upper and lower section of the stands.

At least 33 people were said to be injured from the crash, and many of who stayed in the hospital until Sunday. On the other hand, the driver of the car was left uninjured.

In a statement released by track president Joie Chitwood, he assured that the workers have successfully repaired the section of the fence that was damaged from the Saturday’s crash.

It is expected for fans that would be going for the NASCAR’s biggest race on Sunday will feel uncomfortable with their seating, particularly those who will be seated up-close at the race track.

Consequently, Chitwood further claimed that he has also assigned officials for the upcoming Daytona 500 for the fans who wouldn’t feel comfortable with their seating location. Fans are rest assured that they would receive every accommodation that the premise management can do.

Nevertheless, after the Saturday’s crash, some of the fans would still definitely doubt about their safety while inside the premise despite the outstanding preparedness exhibited by the speedway’s crews and paramedics, commented by a Los Angeles injury lawyer. Unfortunately, no matter how we try to take car of ourselves and avoid accidents whenever we are, accidents still occur, he added.

Mariposa County School Bus Accident Leaves 4 Students Injured

noreply@blogger.com (Anonymous) — Fri, 22 Feb 2013 21:54:00 +0000

Photo gives credit to ABC Local.

As recently reported, four students were injured in a school bus accident after the huge vehicle rolled over the highway.

Based on the initial investigation, the accident occurred around 4:30 in the afternoon, Tuesday, as high school students were heading home. According to the police report, the driver of the bus lost control of the vehicle traveling along Highway 49 near Greely Hill Road in Mariposa County, California.

Four students of Mariposa County High School and the bus driver were reportedly injured. Fortunately, none of them were listed in critical condition. According to the police, the trees along the highway did a significant role to prevent a tragedy

Other students riding the bus survived unscathed described the incident to the authorities. According to media sources, the students told the authorities that the bus skidded off the highway and over an embankment and then rolled over on its side. In fact, it nearly went all the way down to a snowy hill on Highway 49.

Moreover, one of the 16 students on board claimed that the speeding driver did not realize that he was going around a sharp curve too fast without considering the bad road condition.

The next day following the incident, the California Highway Patrol (CHP) shut down Highway 49 to give way to tow truck drivers to pull the bus back into the roadways. Also, the school cancelled classes on the same day due to the remaining snow and ice on the roads.

So far, the investigation regarding the incident is still under progress but the authorities were said to be starting to figure out that speed is a factor.

Apparently, during snowy weather conditions, the best advice for drivers is not to drive at all. However, if you can’t avoid it, at least make sure that your vehicle is prepared and that you know very well how to handle bad road conditions to avoid such road misfortunes, reminded by a Los Angeles vehicle accident lawyer.

The Biggest Car Accident Insurance Claim In British History Goes To…

noreply@blogger.com (Anonymous) — Fri, 15 Feb 2013 21:28:00 +0000

More than a year after Rowan Atkinson’s rare McLaren was severely wrecked from a car accident, the exotic car is now up and running.

The said news recently took center stage after reports about the staggering amount of repairs surfaced.

Unfortunately for the Mr. Bean star’s insurer, the company was forced to shell out a total of £910,000.00 to repair the actor’s McLaren F1. In fact, it was said to be the biggest car accident insurance claim in British history.

Ironically, the actor bought his sports car for £640,000.00 in 1997. Obviously, the amount of repairs was significantly higher than its original price. Also, it is three times higher than the previous record-holding insurance payout way back in 2010.

On a related note, a specialty insurer explained that the high performance car needs extensive use of carbon fiber, as well as expert care, making its repair costs so expensive.

In a statement released by Ben Stagg, an insurance expert of RK Harrison, he said that all modern supercars like Lamborghinis and Ferraris are generally carbon fiber. In fact, even the smallest ring in carbon fiber is a huge repair job. In addition, a part of its engine bay is made of gold, since it is the best heat conductor. The materials used in such cars compared to everyday cars make it so expensive.

After the repairs and all, Atkinson is back into the driver’s seat of his high-end car unlike many sports car enthusiasts who only drive their cars few times in a year under perfect weather conditions.

Meanwhile, during an interview documented by Classic & Sports Car magazine, the actor claimed that he feels depressed when such great cars are just hidden away. For him, it is a crime not to use it.

Meanwhile, a Los Angeles accident lawyer here who once featured the news about the actor’s previous car accidents involving the same sports car in one of his blogs was not surprised to learn that he is back again into its driver’s seat. Seeing him hitting the road using his McLaren F1 after those unfortunate accidents is no longer surprising since he has been known for his extensive passion for driving, especially high-end ones.

Southern California Tour Bus Accident Kills 8; Injures Dozens

noreply@blogger.com (Anonymous) — Fri, 08 Feb 2013 23:39:00 +0000

At least eight people were reportedly killed and dozens were injured in a horrific tour bus accident in Southern California last Sunday night.

As previously reported, the said tour bus traveling down in Southern California mountain road en route to Tijuana, Mexico lost its control, slammed into a car and then flipped, then plowed a pick-up truck.

Initially, seven people were reportedly killed from the incident while 38 were injured including children. However, recent reports updated the death toll to eight, and some of the injured victims still remain in critical condition.

As a result of the crash’s impact, some people were ejected from the bus while several were trapped. The driver of the bus survived but was injured, while the driver of the pick-up truck later succumbed to death, the authorities said.

Firefighters and rescue personnel including the California Highway Patrol (CHP) officers, Caltrans officials, paramedics and the National Transportation Safety Board (NTSB) were immediately dispatched at the scene. Unfortunately, the severity of the wreckage made it difficult for them to extricate all the injured. In fact, in a statement released by the Caltrans spokesperson, Michelle Profant, she told media sources that the scene was really messed up with body parts.

Following the accident, during an interview, the driver of the bus claimed that the bus suffered brake problems as it was heading down the mountain that is why it rear ended a car and flipped and then struck a pick-up truck.

Meanwhile, authorities are also considering speed as a factor. Additionally, they are also eyeing on road conditions and possible driver error or fatigue as contributing causes in the fatal crash.

Based on the initial findings gathered by the National Transportation Safety Board (NTSB), it revealed that the tour bus is operated by Scapadas Magicas LLC, a company based in National City, California. Nevertheless, the Federal transportation records show that the company is licensed to carry passengers for interstate level and that it had no recorded crashes in the past two years.

Further investigation revealed that the tour bus was on a trip organized by InterBus Tours for families from Tijuana, Mexico for a day of skiing in Big Bear when the accident occurred.

Incidentally, bus accidents only account for a small percentage on all vehicle accidents in the United States. However, it such road misfortune occur, it absolutely result into series injuries and death, particularly for other motorists riding in smaller vehicles, noted by a Los Angeles personal injury lawyer.

Google Driverless Car on Car Accident Liability Issue

noreply@blogger.com (Anonymous) — Fri, 01 Feb 2013 22:53:00 +0000

For years, Google has been working hard to fully develop its driverless car which is designed to reduce traffic mishaps. Also, it is expected to ease traffic congestion through as it promotes more consistent driving. In fact, Google pledged that its driverless cars are the future of the automobile industry.

Consequently, several states have already stepped forward to pave way to the autonomous vehicle.

However, before the self-driving car totally become a reality, issues regarding who will be at fault in case of car accident is currently creating a stir.

In some states like California and Florida, since they were the first states to welcome the driverless cars in their roadways, they have already passed a bill that would require the Registries of Motor Vehicles to provide traffic rules for the self-driving vehicles over the next one to two years.

Unfortunately for the car manufacturers, they do not have any idea what those rules would be, which in turn could lead them to a pause from developing the vehicles. Most probably, if the automakers believe that they could be held liable for the autonomous car accidents, then they may hesitate in manufacturing the vehicles, regardless of safety records for prototype vehicles.

So far, due to the bright future eyed by the automakers behind the driverless cars, they were said to have cashed out a considerable amount of money to fight against possible liability laws.

It could be remembered that way back in 2010, Google’s car have been involved in a minor accident after it was rear-ended by another vehicle. Also, in the following year, another Google car caused a multiple car pile-up. However, investigation result subsequently proved that the two incidents were caused by human error. The first incident was caused by the driver of the other car that rear-ended the autonomous vehicle while in the second incident, Google car was manually driven by a human driver.

Apparently, it only shows that in any type of vehicles, accidents are likely to occur. Therefore, there is indeed a need for a customized traffic laws for the autonomous vehicles of the future, agreed by a personal injury lawyer in Los Angeles.

Junior Seau’s Family Finally Sues NFL over Brain Injury

noreply@blogger.com (Anonymous) — Fri, 25 Jan 2013 23:16:00 +0000

Photo gives credit to Getty Images.

Soon after the relatives of the late Junior Seau was informed that the former NFL player’s brain was tested positive for chronic traumatic encephalopathy (CTE), the family immediately filed a lawsuit against the NFL.

More than a week ago, the experts from the National Institute of Health (NIH) released the complete result of the brain study conducted in Seau’s brain. According to the report, the deceased football player’s suffered brain injury during his lifetime.

In fact, even before the lab result came out, Seau’s family already believes that the disease had prompted the former player to commit suicide.

Subsequently, after Seau’s brain test result confirmed that he likewise sustained head injuries during his career, the family finally stepped forward and filed a wrongful death lawsuit against the football league.

In the said lawsuit, which was filed in San Diego, California, Seau’s family claimed that the NFL willfully concealed the truth about the dangers of repetitive concussion to the head, which are often sustained by every football player. The lawsuit further claim that Seau suffered chronic traumatic encephalopathy (CTE) as a result of repeated concussions and, that his condition drove him to take his own life.

In addition, the NFL helmet manufacturer, Riddell, is also named in the lawsuit for producing helmets that are dangerous. The lawsuit claimed that the manufacturing company has been negligent in its helmet design.

Seau committed suicide last May by shooting himself in the chest. His family and friends speculated that he probably can no longer endure the pain and sufferings, which prompted him to take away his own life. Media sources found out that although Seau was never formally diagnosed with a concussion during his lifetime, he regularly complained of symptoms associated with such condition.

Consequently, after his death, his brain was donated to science for brain injury study just like what the families of the former NFL players who died did.

Experts explained that although patients with CTE show symptoms such as aggressiveness, forgetfulness, depression and sometimes suicidal, the condition can only be diagnosed after death.

So far, more than 30 NFL players who passed away have been diagnosed with CTE while there are some 4,000 retired players who already filed lawsuits against the league over its alleged failure to inform players about the dangers that has been associated with the sport.

Meanwhile, in a statement released by Seau’s family after filing the lawsuit, it claimed that even thought the lawsuit could no longer bring back Junior, at least it will send several important message to the league as well as to the players and future generations.

Apparently, the family’s purpose in filing for a wrongful death claim serves just right, commented by a Los Angeles wrongful death lawyer. Aside from receiving the right compensation for the death of their loved one, they will also set an example to the other victims of brain injury. They should never be afraid to come out and claim what is due for them, he added.

NTSB Eyes on Engine Malfunction as Major Cause of Ferry Accident that Injures Dozens of People

noreply@blogger.com (Anonymous) — Fri, 18 Jan 2013 22:58:00 +0000

Photo gives credit to NY Daily News.

Following the ferry accident that injures 74 morning commuters in Manhattan, New York more than a week ago, the National Transportation Safety Board (NTSB) conducted a series of investigation to determine that main cause of the accident and definitely to assess who will be held liable for all the damages and injuries that the incident incurred.

As recently reported, the current investigation focuses on the ferry’s engines and why they may have failed according to the federal officials.

Previous reports claimed that the high speed ferry carrying hundreds of morning commuters from Atlantic Highlands, New Jersey crashed into a dock in lower Manhattan, New York last January 9. As a result of the strong impact of the crash, passengers were tossed into the air and sent others tumbling down stairs. 74 people were reportedly injured, 2 of them were critical condition and some 11 were in serious condition including the one who suffered severe brain injury after falling down a staircase.

According to a statement released by the board’s spokesperson, Robert Sumwalt, the investigation has a possible breakthrough since the investigators learned that the ferry’s engine have a data recording system feature which they can further examine.

During an investigation with the ferry’s captain, Jason Reimer, the latter claimed that there was a mechanical failure onboard. He affirmed that he was unable to put the ferry in reverse mode as he tried to dock the same and then the engines died shortly.

On the contrary, experts claimed that at the time of the accident, the ferry was going about 13 mph, which is fast for a usual crawl into the slip but not necessarily for turning into the area. Following the impact, experts further said that it would be possible for the ferry to dock normally.

Moreover, the board official recently learned that the ferry had just undergone a major overhaul that gave it new engines and propulsion system. Therefore, they were looking into it whether the same was a factor to the incident.

Incidentally, the ferry’s engines were made by a Michigan-based company, whose representatives were also sent at the scene to help the investigators to extract data from the engines. Also, video cameras installed on boards are now being reviewed to determine whether it would do any help with the ongoing investigation.

In addition, investigators interviewed the crews, first responders and several witnesses for possible additional information. The board even welcomes amateur videos taken during the actual incident from anyone.

In such cases of personal injury and / or brain injury claim, investigation plays a significant role in providing strong and convincing evidences to stress out that a person or a party’s negligence really caused the accident or injuries, noted by a personal injury lawyer in Los Angeles.

Surprising Facts about Dog Bites

noreply@blogger.com (Anonymous) — Fri, 11 Jan 2013 23:10:00 +0000

Dogs can be a tamed pet of the family. However, they can also be a cause of severe injuries and fatality to the family members. As evidence, several personal injury lawyers compiled few surprising facts about dog bites for your ready reference:

•    Millions of Americans Suffer from Dog Bites Each Year

Each year, the Centers for Disease Control and Prevention records an average of approximately 4.7 million cases of dog bite involving Americans. The U.S. has a total of 72 million pet-owning households. Apparently, the figures only show that no injured citizen is a statistical outlier.

•    Hundreds of Thousands of Dog Bite Injuries Require Emergency Treatment

Although there are millions of recorded dog bite incidences in the U.S., only few of them receive proper and immediate medical attention. Consequently, those who did not receive medication typically die from rabies/tetanus infection.

•    Number of Dog Bite Injuries Almost Doubled in the Last Decade

According to a report released by the Agency for Healthcare Research and Quality, the total number of dog bite injuries in the past decade has increased dramatically. Nearly half of all victims of dog bite injuries have sought medical treatment for a skin infection.

•    Approximately 16,000 People Filed Dog Bite Claims Last Year

Following a dog bite injury, a victim has a legal right to file for a claim against the owner of the dog or the owner’s insurance agency. Based on data released by the Insurance Information Institute, there are approximately 16,000 victims who filed dog bite claims last year. On an average, the standard amount per claim is nearly $30,000.00.

As it is, even a supposedly gentle dog can attack anybody and cause an injury that can be fatal. In addition, animal attacks may be less prevalent than vehicle accidents or slip-and-fall injuries; however, they can nevertheless result in serious injuries.