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The California Labor Code has a lost of the types of employees with exempt status under wage and hour law, or those to whom overtime pay and other wage/hour requirements do not apply. In California, exempt workers in businesses with 25 or less employees must make a minimum of $1,120 per week ($58,240 annually) as of 2022. Additionally, exempt workers in firms with 26 or more staff members must make at least $1,200 per week. Only if your job duties are inside the legal parameters outlined by the California Labor Code are you considered an exempt employee.
The most significant and significant group of exempt workers is
Sometimes referred to as the "white-collar exception," this administrative exception to the overtime laws. In order to fall under this category's exemption from wage/hour legislation, an employee must:
The minimal salary needed for an employee to qualify for the white-collar exemption as of January 2022 is $58,240. Many people believe that anyone who receives a salary or works in an office qualifies as an exempt employee for this group. However, that is untrue in reality.
California law makes it clear that certain additional professions are exempt from overtime regulations in addition to the white-collar employees who are generally exempt from wage and hour laws outlined above. (The majority of employees eligible under these particular exemptions would likely also be exempt under the general exemption.) The final exception to the overtime laws is for those who:
Employees who receive commissions must therefore make more than $22.50 per hour or $21.00 per hour to qualify for exemption .
The overtime regulations in California do not apply to exempt employees. For example, if you work: It is not mandatory for your employer to pay you time and a half if you are an exempt employee.
Additionally, unlike non-exempt workers, it is not mandatory for exempt employees in California to get regular food and rest breaks from their employers.
When an employee is getting a salary rather than an hourly rate or has a "desk job," the employer frequently assumes that the worker is ignorant of the law and asserts that the person is exempt. A worker may even have a requirement to sign an employment contract "agreeing" to be exempt from overtime requirements before being asked to complete a significant quantity of "work off the clock" in specific circumstances. Nevertheless, none of these elements will qualify a non-exempt employee for exemption under California wage and hour law. One way to resolve the issue is by visiting HR or speaking with your manager about your status. A wage and hour class action lawsuit may be suitable if many employees are impacted. Employees who were misclassified as non-exempt may also be entitled to reimbursement for unused lunch and rest periods.
If you or a loved one has concern about the differences between exempt and non-exempt employees in California or wants to discuss a case in confidence, contact one of our knowledgeable California employment attorneys. Please feel free to give our office a call at 310.943.1171.
Only non-economic damages in medical malpractice cases are subject to a damage cap in personal injury cases in California. However, no matter how severely they were injured, victims in these cases are only allowed to receive $250,000 in non-economic damages. However, if Assembly Bill 35 is approved, the non-economic damages cap will rise to $350,000 for non-death cases and to $500,000 for wrongful death cases beginning in 2023. The caps will then gradually rise until 2033, reaching $750,000 in non-death cases and $1 million in wrongful death cases.
In California, there are often no damage ceilings for lawsuits involving personal injuries. There is one significant exception, though: In cases of medical misconduct, non-economic damages will be no more then $250,000. There is a damage cap that sets a limit on how much money a sufferer can get in compensation for their losses. Even though the sufferer has had terrible injuries and should be entitled to much more, it caps the amount of compensation that can be given to them. In most personal injury cases filed in California, there are no damage caps. Damage caps do not apply in personal injury cases involving injuries brought on by a(n):
Employee injuries are unfortunately common in workplaces across California. Whether it's a slip on a wet floor, a fall from scaffolding, or an injury caused by malfunctioning equipment, these incidents can leave workers dealing with physical pain, emotional stress, and financial uncertainty. Understanding your legal rights after an employee injury is critical to protecting your health, your income, and your future.
At KAASS LAW, our experienced attorneys help injured workers explore their legal options and pursue the compensation they deserve. If you’ve been hurt at work, don’t wait—knowing what steps to take can make all the difference.
The most important action you can take after any workplace injury is to report it immediately to your supervisor or manager. Even if the injury seems minor at first, symptoms can develop or worsen over time. By reporting right away, you start a paper trail that can support a future claim.
After notifying your employer, seek medical attention. Depending on the severity of your injury, you may need emergency care or a follow-up appointment. Make sure to keep records of all medical visits, diagnoses, prescriptions, and treatments.
In some personal injury cases, parties may include pain and suffering damages and receive a compensation for the physical and emotional suffering they endure as a result of an accident. Plaintiffs may receive the damages in some countries as a sort of compensatory damages. They fall under the heading of non-economic damages rather than economic damages. Additional instances of non-economic harms include:
There is no set formula for calculating the monetary worth of a pain and suffering award in personal injury cases where compensation is granted for non-economic losses. Usually, accident victims or people who have been hurt have to provide evidence that they were hurt physically or psychologically. A judge or jury will then decide on a fair monetary sum for pain and suffering damages using their discretion. While compensating parties that were harmed or accident sufferers for subjective losses, pain and suffering damages are frequently supported by objective proof, such as loss of enjoyment of life.
When exiting a parking space, drivers must yield right of way to passing vehicles and pedestrians. If they collide with a pedestrian or another vehicle while backing out, they will almost always be held accountable. There may be exceptions, such as when the oncoming vehicle was speeding or the pedestrian was particularly careless.
Vehicles that have been parked and are pulling out of a parking space do not have the right of way. They must yield to vehicles moving through the parking lot. They must also yield to pedestrians. However, parking lots are notorious for having a lot of activity. They are also densely packed with parked cars, resulting in poor visibility and numerous blind spots. This can make seeing oncoming traffic through the other parked cars difficult. Nonetheless, drivers backing out of a parking spot have a legal obligation to do so safely. They are usually liable if they hit another car or a pedestrian. They can be made to compensate the parking lot accident victim. There are, however, exceptions.
In California, employers must to provide compensation to workers who use their personal automobiles for business-related activities. There are 4 ways to determine the refund:
No matter the method, employees are eligible to full payment.
According to California employment law, all employers inside the state must reimburse employees for any out-of-pocket business expenses. This comprises the costs related to utilizing the employee's personal vehicle for work-related reasons in addition to other related expenses. Employers must reimburse employees for all essential costs or losses incurred in the following:
Apartments are a place for students, adults, and children to live in close quarters. This is what makes them perfect living spaces for people who need to be near the center of a city or town. These apartments often come with many safety hazards that can lead to injury. Have you been hurt in an apartment-related accident? Tenants and visitors to apartment complexes sustain frequent injuries as a result of a landlord's failure to correct or repair certain dangerous conditions, such as flooding, shattered stairs, or collapsing decks. If you were injured in an apartment building, you are entitled to compensation. Personal injury lawsuits against landlords or apartment buildings for injuries on rental property are common. Premises liability lawsuits can be filed by our accident attorneys. Compensation may be obtainable through:
Accidents in apartments are fairly common and can cause a wide range of injuries. Apartments are a convenient way to live. There are some risks associated with this living situation, however. Knowing the most common injuries sustained by those living in an apartment is important so that you can prevent them or know what to do if they happen to you. Typical injuries include:
Fraudulent acts are committed by a relative or caregiver of a property owner. In many cases, they involve family disputes. There have been reports of children stealing their parents' property, people attempting to co-opt inheritances from their siblings, and people attempting to defraud their spouses. To transfer ownership, the scammers create fake documents, including fraudulent or incorrect notarizations. Unlike in many other parts of the country, California's laws and real estate practices make it very easy to fraudulently transfer property title. When a document is recorded, it becomes part of the official title chain, and the new owner, legitimate or not, can obtain loans or even sell the property. The statute of limitations is relatively short (three years for forgery and two years for fraud) and has frequently expired by the time the victim realizes his home is no longer in his name.
Fraud transfers include signed documents that allow a creditor to seize the debtor's assets or force the debtor to pay the debt from their income. Some judgment debtors decide to hide or dispose of their assets after learning that judgment collection methods will allow the creditor to seize their assets. Debtors, for example, may transfer their assets. This could be to relatives, friends, or legal entities, simply place the assets under false names, or burden their assets with fictitious debts. Debtors may engage in such schemes, the courts and legislature have long recognized. As a result, the Uniform Fraudulent Transfer Act provides remedies for creditors who face this issue. Making a mistake during a notarization can have serious financial and legal ramifications for California Notaries, and breaking the law on purpose can result in even harsher penalties. This guide will assist Notaries in becoming acquainted with the Golden State's Notary laws and penalties for misconduct.
The California law known as Vehicle Code 14601.3 VC defines a habitual traffic offender as anyone who drives with a license that is suspended or revoked and racks up too many points on their DMV record. Traffic infractions and vehicular offenses like DUI and dangerous driving result in the accumulation of points. A driver might become an HTO if they have a history of driving while their license is suspended or revoked. When a driver accumulates points on his DMV record, a history is generated.
To establish that a person is a habitual traffic offender under this section, the prosecution must establish the factors listed below:
The DMV is believed to have mailed the driver a notice of a suspension or revocation if the third criterion listed above, knowledge, is present. As a result of the fourth requirement above, the convictions need not be the result of distinct offenses.
In order to obtain compensation and compel corrective action, victims of nursing home abuse in California have a number of legal options. There are several options available, such as bringing legal action against the nursing home, reporting the abuse to the California Department of Aging, or making a police report and pressing charges. According to the statute, a "senior" is someone who resides in California and is at least 65 years old. As well as any California resident between the ages of 16 and 64 who has physical or mental impairments that limit their capacity to engage in daily activities.
There are several options available to people who think a family member is receiving abuse in a nursing home. People can:
Elders and their families are free to choose more than one option; neither is required.
Victims in these situations can receive the full amount of compensation they are due for their injuries. However, allegations of medical misconduct are an exception. Legislators in California have targeted these lawsuits for a damage cap. Damage threshold to $250,000 for all non-economic losses is a limit for victims of medical negligence in California. The Medical Injury Compensation Reform Act, or MICRA, is the source of this cap on medical malpractice damages. This tort reform law became operative in 1975.
An instance of a personal injury lawsuit is one involving medical misconduct. It entails a healthcare professional's negligence while performing medical services for which the person has a license. The medical professional and his or her institution may be held accountable for the outcome if that medical negligence was the direct cause of an accident or wrongful death. So there is for, patients may file a medical malpractice action to hold them accountable. Medical personnel, individually, or the professional's medical facility, may be the target of accusations of medical misconduct. Following are a few instances of medical malpractice:
Mentioned above malpractice incidents are serious or fatal. Certain are fatal. Since victims in California are only able to recover $250,000 to pay their non-economic damages, it can controversial.
Non-economic damages pay the sufferer for factors that are difficult to value financially, such as:
The magnitude of a victim's non-economic damages may frequently outweigh his or her economic damages, particularly in extreme situations of medical negligence. Personal injury lawyers frequently utilize the "multiplier method" to estimate the amount of money a victim may receive in damages for non-economic losses. However, this method is used to total the victim's economic losses. Then, multiplying the result by a value between 1 and 5 will give the victim's non-economic harm compensation. However, the higher the number utilized by personal injury attorneys, the more severe the victim's injuries were. The multiplier method's broad range illustrates how challenging it is to predict how a potential jury would respond to your claim. In personal injury cases, jury verdicts for pain and suffering damages are notoriously unpredictable. The large numbers, on the other hand, highlight how divisive the implementation of non-economic damage caps in California medical negligence cases is.
Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
In our work with injured workers throughout Los Angeles and beyond, we've seen a wide variety of incidents leading to injury claims. Some of the most common include:
Whether you work in an office, warehouse, or on a film set, your employer is responsible for maintaining a safe working environment.
California law generally requires employers to carry workers’ compensation insurance, which provides coverage for medical expenses and partial wage replacement. However, there are limitations. Workers' compensation typically doesn’t cover non-economic damages like pain and suffering or emotional distress.
That’s where third-party claims come in. If someone other than your employer—such as a subcontractor, property owner, or equipment manufacturer—played a role in your injury, you may be able to file a personal injury lawsuit in addition to your workers' comp claim.
Learn more about your options in our guide to third-party work injury claims in California.
To build a strong legal claim, you must prove that another party was negligent and that their actions (or failure to act) directly led to your injury. Common examples include:
Collecting evidence is key. This may include photos from the scene, eyewitness statements, accident reports, surveillance footage, and your medical records. An attorney can help gather and preserve this evidence while you focus on recovery.
Navigating the legal process after a workplace injury can be overwhelming, especially when you’re already dealing with physical recovery and medical bills. At KAASS LAW, our Glendale personal injury attorneys understand how to handle complex employee injury cases, including those involving multiple liable parties.
Our legal team can help you:
If you have questions about your legal rights, don't hesitate to contact our team for a free consultation.
While both workers’ compensation and personal injury lawsuits provide financial relief, they differ in several important ways:
AspectWorkers' CompPersonal Injury Lawsuit
Fault Required?
No
Yes – must prove negligence
Types of Compensation
Medical bills, partial wages
Medical, lost wages, pain & suffering
Suing Employer?
Not allowed in most cases
May sue a third party (not the employer)
Timeline for Filing
Within 30 days of injury (notify employer)
Within 2 years of the incident
Knowing which path is appropriate can save you time and help maximize your compensation.
For more general information about workplace safety standards and employee rights, you can visit the Occupational Safety and Health Administration (OSHA) website.
Every injury case is unique, and acting quickly can be crucial. Waiting too long to report your injury or explore your legal options could impact your ability to file a claim. Our attorneys at KAASS LAW are here to provide the legal guidance you need.
We’ve helped numerous employees in California obtain compensation beyond what workers’ compensation offers, especially in cases involving third-party negligence.
If you or someone you love has suffered an employee injury, contact our office today at 310.943.1171 or visit our page on California workplace injury claims for more information.
Yes. Damages for pain and suffering could include emotional anguish. "Emotional anguish" refers to the mental harm a person experiences as a result of a physical injury or accident. These are some instances of emotional distress:
If a claimant experiences emotional distress without a corresponding physical damage, they may still be eligible to collect compensation for their pain and suffering. However, it is frequently advisable for a plaintiff in these situations to obtain some sort of mental health counseling. Having a counselor testify is especially suitable when the plaintiff has severe subjective symptoms like:
In order to calculate pain and suffering claims, parties (such as attorneys, plaintiffs, and insurers/insurance adjusters) frequently employ a "multiplier approach." With this approach, one totals up all economic losses related to a case. After that, the party doubles that sum by a specific quantity (typically between 1 and 5, with 3 are common). The precise multiplier applied in a case will depend on how badly someone was hurt. In cases of light injuries, persons will use a low multiplier (such as 1 or 2), but parties may use a higher multiplier (such as 4 or 5) in cases of serious injuries. In the following circumstances, a greater multiplier may be used:
It is common to compare and contrast the multiplier method with the pier diem methodology for measuring pain and suffering. In the latter, attorneys for the plaintiffs, plaintiffs' representatives, and an insurance provider attempt to determine a particular monetary sum for each day the plaintiff feels pain and suffering as a result of an injury.
The basic rule is that neither state nor federal law applies to the money a plaintiff obtains in a personal injury case. This is valid in terms of compensation for both economic and non-economic losses. The majority of states state that this rule applies when a plaintiff experiences any of the following:
This implies that a party's damages may be subject to taxation if they get damages for emotional distress (but not for physical harm).
We encourage you or a loved one to get in touch with our legal office for further information or to discuss your case with one of our personal injury attorneys. Please feel free to give our office a call at 310.943.1171.
In a case involving an auto accident, disregarding certain driving regulations can serve as proof of negligence. The finding of negligence may significantly impact the assessment of responsibility for the incident. If the driver or pedestrian who was hit was acting inappropriately, their share of the blame may be greater than that of the driver pulling out of the parking spot. Their carelessness can manifest itself in a variety of ways, including:
The person hit by the car pulling out may have contributed to the accident in these cases. If they hire a car accident lawyer to file a personal injury lawsuit against the driver who pulled out, shared fault rules, such as comparative negligence, may reduce or eliminate their compensation.
Usually, both parties are at fault when two vehicles back out simultaneously in different directions and collide. If acceleration and impact were striking at high speeds, it is possible for both drivers to get injuries. However, injuries may vary. In any case, it is crucial to contact your attorney and find out if you are able to receive compensation for your loss. Those in parking spaces must yield to those in the main lanes, meaning the driver coming from the traffic flow has the right of way. In other words, the driver in the main lane has priority over individuals exiting parking spaces. On the traffic flow, alternatively, this hierarchy is based. When pulling out of a parking space, parked automobiles yield to moving vehicles. Moving cars in the main lane of traffic must yield to stationary vehicles during the time of traffic. All cars, however, have to stop for pedestrians. Parking lots are always one-way for pedestrians. They can still cause an accident, though, by acting inappropriately. In parking lots, there is a standard regulation for the speed restriction. This aims to give drivers ample time to brake and avoid an accident in a parking lot. Certain parking lots have their own right-of-way guidelines. These must be clearly visible on street signs or painted on the pavement. These might, for instance, lower the speed limit or change who gets the right of way. Parking lots can be especially dangerous for children and pedestrians. According to the National Highway Traffic Safety Administration, thousands of pedestrians are injured each year due to driver inattention and poor visibility in areas like parking lots.
Parking lot collisions happen frequently and can be incredibly serious. A tendency to drive while distracted in a parking lot is a major contributing factor to the large number of these accidents. Driving with any distraction can lead to serious or even fatal injuries, especially to vulnerable victims. Many victims in parking lot accidents are children. Because of their short height, even an attentive driver backing up from his or her parking spot is often unable to see young kids. Additionally, children frequently run through parking lots, making it difficult for drivers to predict their location. The family of the victim may bring a wrongful death claim if there has been a tragic parking lot collision involving a vehicle or a pedestrian. In order to obtain compensation from the party at fault if you were injured in a busy parking lot, you might think about creating an attorney-client relationship with a personal injury lawyer. If you have been involved in a collision in a parking lot, call Kaass Law at 310.943.1171.
Unless the employee knew they were unlawful while performing them, the employee is eligible to reimbursement even though the employer's instructions were against the law. These compensations cover the expenses incurred when an employee uses their own car for work. However, the cost of gas for the car is not always the only part of these costs. They also consist of:
Reimbursements are not need to be made in addition to an employee's pay or other compensation under California Labor Code 2802(a)LAB. However, there must be a way to divide up and identify this increased pay as reimbursement.
According to California law, there are 4 possible ways to determine how much an employee must pay for a car used for work-related purposes:
When utilizing any of these strategies, the employer is only responsible for covering their actual, necessary costs. It's possible that unnecessary car costs won't be paid for. Which reimbursement policy will be applied is a decision that the employer and employee must make together. Therefore, the parties must concur on the mileage reimbursement rate if one is to be used. Usually, the job contract or employee handbook will outline this. Any agreement, however, that denies an employee their entire entitlement to reimbursement for business-related automobile expenses is void. In fact, employees must have the chance to contest the appropriateness of the reimbursement under such an agreement.
In California, employers are able to pay employees a single fixed sum to cover vehicle-related expenses. Likewise known as:
This is a regular payment, often sent each month, of a specific amount that covers the employee's expenses. Employees who use their own automobiles to travel the same routes every day or week typically adopt the lump-sum technique. When the amount being put in use is constant, lump-sum payments could be desirable since they require fewer paperwork from both parties. However, a flat sum payment might not be sufficient due to shifting gas prices. Undercompensated workers in these circumstances have the right to contest the amount and demand full compensation.
Employers who underpay their workers for using their automobiles for personal purposes have the right to contest the amount of the reimbursement. Therefore, workers can demonstrate that the payment has been insufficient by providing documentation of their real costs. Workers may bring a wage and hour lawsuit if the employer does not make good on the discrepancy. Lastly, employees may bring a class-action lawsuit if their employer consistently refuses or fails to pay for their travel expenses.
If you need legal assistance with mileage reimbursement contact our office today for a consultation. Please feel free to give our office a call at 310.943.1171.
It should be noted that the elderly are especially vulnerable to injury. They are more likely to obtain greater damages. If you don't want to experience these types of injuries, there are many precautions you can take. The following are some of the most common apartment accidents that can result in injuries:
In personal injury accident cases, common defendants include landlords, property owners, and property management firms. It is important to note that injury lawyers frequently file an apartment injury lawsuit under a state's premises liability laws. Property owners and occupants have a duty of care under these laws:
If a landlord or property owner breaches this duty, you will most likely prevail in a premises liability claim.
Apartment living comes with its own set of safety challenges, but there are steps you can take to reduce the risk of injury. Regularly inspect your apartment for hazards like loose floorboards, broken stairs, or malfunctioning lighting. Installing safety features like grab bars in bathrooms, non-slip mats in the kitchen, and securing rugs can prevent falls. Additionally, ensure that smoke detectors are working and fire exits are clearly marked. Taking proactive measures can help you avoid costly and painful accidents.
If you’ve injured yourself in an apartment complex, knowing what steps to take immediately can make all the difference in your case. Start by seeking medical attention, even if the injury seems minor. Document the accident scene by taking photos of hazardous conditions, such as broken steps or faulty railings. Report the injury to the property management and landlord, and keep records of your communication. Lastly, contact a personal injury attorney to help you navigate the legal process and ensure you receive proper compensation for your injuries.
Landlords must maintain a safe environment for their tenants. They are required by law to ensure the property is free from hazardous conditions that could lead to injuries. This responsibility includes performing regular maintenance checks, repairing broken fixtures, and ensuring common areas are safe. If a landlord fails to meet these responsibilities, they may become liable for injuries sustained by tenants or visitors. If you suffer an injury due to a landlord’s negligence, you may qualify for compensation through a premises liability lawsuit.
Every year, people living in apartments report hundreds of injuries. This is a concerning statistic that should be addressed to ensure that you do not suffer a similar injury. If you have suffered a serious injury, an injury attorney can assist you in managing your ongoing medical care. Give our office a call if you have been injured in an apartment-related accident at 310.943.1171.
If a Notary commits an infraction, the penalties under California law are divided into four categories:
It is critical to understand that misconduct can result in multiple penalties for a Notary. For example, if a Notary is found negligent for failing to properly complete and seal an acknowledgment on a real estate document, the Secretary of State may impose a civil penalty as well as suspend or revoke the Notary's commission. Furthermore, if the Notary's error resulted in a financial loss for the signer, the signer could sue the Notary to recover any damages incurred as a result of the faulty notarization. Intentionally violating state Notary laws ("willful misconduct") carries significantly harsher penalties than unintentional violations ("negligence").
Notary misconduct can be avoided by the following steps:
Property title fraud can have serious consequences for homeowners in California. To prevent fraud, regularly review your property records and monitor any changes in your title. Be cautious of suspicious activities, like receiving unfamiliar loan offers or unexpected legal notices. If you suspect fraud, act quickly by contacting your title company and a real estate attorney. The sooner you identify fraudulent transfers, the better your chances of stopping further damage. Keeping track of any changes and maintaining clear communication with your legal team can help protect your assets from fraudulent transfers.
If you discover that someone has fraudulently transferred your property title, take immediate action. Start by contacting the county recorder's office to verify the transfer and obtain copies of all relevant documents. Notify your mortgage lender and any financial institutions involved to prevent further unauthorized transactions. Next, file a fraud report with local law enforcement and seek the guidance of an attorney specializing in real estate fraud. Legal remedies may include reversing the fraudulent transfer, recovering assets, and holding the responsible parties accountable. Be proactive in protecting your property to minimize further harm.
Notarization plays a vital role in ensuring the authenticity and legality of real estate documents. Proper notarization prevents fraudulent activity by verifying the identity of the signer and confirming that they willingly entered into the agreement. Ensure that the notary follows all California laws, including the proper completion of notarial certificates and maintaining accurate records. Inaccurate or improper notarization can lead to costly legal disputes or even title fraud. Always choose a reputable notary and ensure they comply with all requirements to avoid the consequences of fraud or misconduct in your transactions.
If you are in need of an attorney, feel free to give our office a call at 310.943.1171.
A person charged of this crime may refute the charge by making a legal argument. A strong defense frequently results in a charge being dropped or reduced. Please be aware, however, that in order to have the best defense possible, an accused person must retain legal counsel. There are three typical defenses put forth by the defendant:
Remember that in order to be prosecuted with a violation of Vehicle Code 14601.3, a person must be aware that their driving privileges have previously been suspended or revoked. A driver normally learns about a suspension or revocation by receiving a notice from the DMV via regular mail.
Thus, a solid defense is for a person to assert that he never received proper notice, and therefore, had no knowledge that his license was in fact suspended or revoked.
A defendant who asserts a necessity defense effectively tries to disprove his guilt by demonstrating that he had a compelling enough cause to do the offense. This defense is occasionally referred to as "guilty with an explanation." An accused person facing allegations of habitual traffic offenses may try to prove that he was forced to drive with a license that was suspended or revoked or commit a moving infraction (e.g., because of an emergency).
Accidents and traffic violations frequently occur rapidly. As a result, it can be quite challenging to locate eyewitnesses who can support accusations made under VC 14601.3. This may result in erroneous identifications of offenders and fraudulent arrests. Therefore, charges should be dropped if the prosecution cannot establish beyond a reasonable doubt that the defendant committed the crime or was the cause of the accident.
Depending on how many convictions the defendant has under Vehicle Code 14601.3, they may be subject to additional penalties for habitual traffic offenders. After their initial conviction, a defendant gets:
Any subsequent offense that occurs within seven years of a prior conviction, or a second conviction, results in:
Charges concerning habitual traffic offenders are connected to the following offenses:
Call our law office for a free consultation if you or someone you know has been charged with breaking California Vehicle Code 14601.3. Please feel free to give our office a call at 310.943.1171.
In most lawsuits against nursing homes and/or its personnel, the plaintiff must establish three things:
Your California injury lawyer will typically need to file a lawsuit in order to gain "discovery" of the nursing home's records and information in order to prove the case. Your lawyer will analyze the case file, speak with prospective witnesses, and, if practical, the victim directly. Attorney may try to negotiate a settlement with the perpetrator outside of court because a trial can drag on for several years(s). If negotiation can't reach a fair settlement, a jury trial will be deciding the outcome of the nursing home lawsuit. Your attorney may ask the court for an injunction in addition to damages.
Investigations of elder abuse in California nursing homes involve a number of entities. An older patient who wants to file a complaint or a friend or family member usually do so with their neighborhood ombudsman's office. The "ombudsman" is a representative for persons residing in long-term care homes . The California Department of Aging is running The Ombudsman program in this state. The Ombudsman launches an investigation after receiving a report of elder mistreatment in a care facility. Any or all of the following topics may be discussed by the local ombudsman:
In most cases, the ombudsman will go to the nursing facility in question and conduct an on-site investigation. The California Department of Public Health receives the complaint if the Ombudsman determines after conducting its inquiry that it is a valid one. Following its investigation, this agency may:
If the individual filing the report of suspected elder abuse at a nursing home is a mandated reporter, s/he must file the report with both the local office of the ombudsman and a local police enforcement agency. Those who are required by law to report any suspected nursing home abuse are known as "mandated reporters". Nursing home staff and managers are required to be reporters.
Contact legal counsel right now. Your legal team needs time to build a strong case and conduct depositions since civil actions in California have a stringent statute of limitations. Please feel free to give our office a call at 310.943.1171.