Electrical malfunctions occur when there are unintended short circuits, overloading of electricity, or power surges. These incidents can cause fires and other property damage as well as injuries to people nearby. Electrocution is a real risk and such accidents happen often, but there are ways to limit the causes of it happening again.
Why Do Electrical Malfunctions Happen?
Electrical malfunction accidents happen for many reasons. Most of them are due to simple human error or carelessness on behalf of the person who made the mistake. Common causes include faulty wiring and power surges. If you find yourself working near an electrical panel, make sure to be careful when touching any wires that could have been damaged by water. These accidents can happen anywhere, but they are most common in the home. The best way to prevent an accident from happening is by having properly installed and maintained wiring with no exposed wires and unplugging power cords when not in use.
What Are Causes of Electrical Accidents in a Home?
It is important to understand what causes electrical malfunctions in a home.
Overloaded circuits
Over-strained extension cords
Loose connections
Damaged insulation on wires or cables.
Defective Wiring
Contact with High Voltage Power Lines
Defective Appliances/Products
Faulty installation or inadequate property care can result in damaged or exposed electrical lines in both commercial and residential properties, including apartments, condominiums, houses, workplaces, hotels, and retail shopping complexes. Failure to construct or maintain suitable outlets near sources of water, such as swimming pools, kitchens, and restrooms, is also one of these incidents. Contact or use of an electrically powered item such as a refrigerator, heater, washing machine, or any other large or small appliance is a leading cause of injury and death in both adults and children every year. During the winter, faulty electrical heaters are a leading cause of house fires. Electrocution accidents happen when an electric current passes through the body, typically because of contact with exposed wires or other conductive materials. These currents can cause:
How Can I Prevent Electrical Malfunction Accidents From Happening?
There are many ways to prevent these accidents from happening in your home. Here are some steps you can take:
Be sure all wires are properly grounded before installation
Check for worn out wiring
With wet hands or when standing in water, never touch anything electrical
Pull on the plug rather than the cord
Don't plug in anything with a missing prong or use frayed or broken cords
Get switches to be tested on a yearly basis
Electrical malfunctions are not uncommon in homes. You can prevent these accidents from happening by being proactive and taking the necessary precautions to keep your home safe. Electrical damage or death can sometimes occur as a result of unexpected accidents that spontaneously resulted. Other times, these incidents are the result of one or more individuals or businesses failing to exercise reasonable care. Homeowners, landlords, retail owners, apartment managers, maintenance firms, utility providers, product producers, and a variety of others may fall within this category. According to California tort law, if a person or entity acts or fails to act reasonably and causes harm or death, that person or entity may be held liable for medical bills, lost earnings, and mental distress as a result of their carelessness.
Contact a Los Angeles Attorney Today To Get the Get The Help You Need
If you or someone you know of is in need of an attorney due to an electrical malfunction, please feel free to call our law firm at 310.943.1171, where our specialized attorneys are more than happy to help you with your case.
The California law that makes it unlawful to conceal a controlled substance in a fake compartment is Health and Safety Code 11366.8 HS. The crime is punishable by up to 3 years in prison and may be tried as a misdemeanor or felony. According to this law, it is unlawful for someone to:
The ability to own or employ a fake compartment with the purpose of concealing or transporting drugs inside of it.
In order to conceal or carry drugs inside a vehicle, create a phony compartment within or attached to the vehicle.
Any box or enclosure that is intended or created to conceal a prohibited substance is referred to as a "false compartment."
What Exactly Does It Mean to Hide Substances in a Falsified Compartment?
Regarding the use of fictitious compartments to conceal drugs, see California Health and Safety Code 11366.8. The relevant code section forbids two acts. First, a violation of Health and Safety Code 11366.8(a) includes:
Under California law, a claim for intentional infliction of emotional distress may be made where the defendant engaged in outrageous activity that resulted in emotional anguish for the victim and was done so on purpose or with reckless disregard for the victim. If the victim wins their case, compensation will be:
punitive damages
compensatory damages
How Do I File a Claim for Purposely Causing Emotional Distress?
In California, a plaintiff must establish the following in order to succeed on an intentional infliction of emotional distress claim:
The defendant acted in an outrageous manner.
Either the behavior was careless or upset someone.
The plaintiff experienced considerable emotional distress as a result of the defendant's actions.
Partaking in organized sports may help kids gain physical abilities including intellectual, self-control, and general life skills. Additionally, it may have advantageous social effects that improve social identity. On the other hand, there are a lot misleading outcomes from engaging in school sports. It leaves them with a result of going through obstacles that prevent them from doing things they desire. School-related injuries tend to lead students into a difficult position of not being able to live normally, do certain things that were done before, and developing physical abilities.
What Are The Positive Effects Of Participating In School Sports?
On the contrary, athletes who participate in sports will also benefit from improved physical abilities. Kids that participate in sports improve their social skills, collaboration, and leadership abilities. Ultimately, school sports provide benefits that lead kids to developing skills that can help them later on. For example, independence, self-confidence, leadership, eating and sleeping habits, etc.
What Are The Negative Effects Of School-Related Injuries?
California law now allows workers and job seekers to refuse to accept their employer's arbitration agreement as of 2020. Your employer cannot fire you or take any other adverse action against you if you decline. Employees must, however, normally abide by any prior arbitration agreements. Employers and employees that have signed an arbitration agreement agree to settle any disputes through private arbitration rather than through a civil court case. Usually, when a new employee is entering the company, their documentation includes an arbitration agreement. The majority of the time, your business won't ever tell the employee that they must arbitrate any conflicts, and even fewer will explain what it implies.
What Exactly is an Arbitration Contract?
A contract stating that any disputes between an employee and employer must be resolved by private arbitration, not a California court, is known as an employment arbitration agreement. Such agreements are rarely found on their own documents and are usually included in a bigger agreement. Arbitration agreements can be brief and tucked away in a longer document. Alternative dispute resolution includes arbitration. In comparison to civil court litigation, it is a simpler, more efficient process. The fact that it is typically less expensive is another factor that appeals to employers. In the following aspects, arbitration and lawsuit are comparable:
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.
Employees in Executive, Administrative, and Professional Roles
The most significant and significant group of exempt workers is
executive
governmental
professional personnel
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:
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.
Do Personal Injury Claims in California Have Damage Caps?
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.
Immediate Steps After an Employee Injury
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:
loss of connection
loss of life's joy
How are Damages for Pain and Suffering Determined?
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.
Are Damages for Pain and Suffering Considered to Include Emotional Distress?
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.
Do Drivers Have the Right of Way When Exiting a Parking Space?
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.
What Are Some Examples of Driver and Third-Party Negligence?
to do so with the purpose of placing drugs therein for storage, concealment, smuggling, or transportation
Second, a violation of Health and Safety Code 11366.8(b) includes:
create, assemble, modify, set up, or affix a fake compartment to a vehicle
to act in such a way with the intent to transfer, smuggle, conceal, or store a banned substance therein
A "false compartment" is any box, container, space, or enclosure contain or built to conceal any drug inside of it. However, a "vehicle" may be personal or professional in nature. Common vehicles include, for instance: vehicles such as automobiles, trucks, buses, airplanes, boats, ships, and yachts.
Does Health and Safety Code 11366.8 HS Have Any Defenses?
A suspect of hiding drugs in a false compartment may contest the accusation by raising a legal defense. A charge is frequently withdrawn or decreased as a result of a successful defense. Please be aware, however, that in order to mount the strongest defense possible, a defendant must hire representation. Three typical countermeasures against HSC 11366.8 allegations include:
forced admission
entrapment
no intention
What Penalties Apply?
A wobbler is a person who hides narcotics in a false compartment; as a result, the offense is punishable as either a misdemeanor or a felony. Overall an individual who breaches Health and Safety Code 11366.8(a) may get a maximum penalty of one year in the county jail. According to Health and Safety Code 11366.8(b), the following offenses may result in a sentence of incarceration in the county jail:
15 months
two, three, or more years
Please be aware that a judge may impose criminal probation instead of jail time. This kind of probation is also referred to as "summary" or "informal" probation.
Similar Offenses
The hiding of drugs in a phony compartment is a criminal in three different ways. Which are: HSC 11351, HSC 11366, HSC 11379.
Possession of a controlled substance with intent to sell - HSC 11351
California Health and Safety Code 11351 HS forbids the possession of some illegal substances with the aim to resale them. These include illicit narcotics like cocaine, heroin, and LSD. HSC 11351 also provides coverage for widely use prescription drugs like codeine, hydrocodone (Vicodin), and oxycodone (Oxycontin).
Running a drug house: HSC 11366
Operating a drug house is against California Health & Safety Code 11366 HS. "Drug houses" are any establishments that specialize in the distribution or sale of unlawful controlled narcotics. In California, operating a drug house is a wobbler offense, which means it can result in either a misdemeanor or a felony prosecution.
Drug and narcotics manufacture - HSC 11379.6
Without a license, it is illegal to produce drugs, narcotics, or restricted substances, according to California Health and Safety Code 11379.6 HS. More particularly, it forbids production. As a result, a felony accusation will be brought for violating Health and Safety Code 11379.6.
Glendale Lawyer
If you or someone you know has been guilty of a felony under California Health and Safety Code 11366.8, we encourage you to contact our attorneys for a consultation. Please feel free to give our office a call at 310.943.1171.
Emotional discomfort by California law includes: sorrow, agony, dread, horror, trepidation, grief, worry, shock, humiliation, and disgrace. However, the "intentional infliction" law in California only applies when mental anguish is exceptionally severe. Serious emotional distress is not light or fleeting. No reasonable person should have to go through such intense or long suffering.
What does "reckless disregard" and “outrageous conduct” mean?
A defendant commits a deliberate act of causing emotional distress for the purposes of California law when:
The offender is aware that their actions will likely cause others to experience emotional pain
There is little to no thought given to how the defendant's actions might affect others.
The defendant need not have done something intentionally bad or maliciously motivated. It suffices that they acted outrageously without taking into account the likely repercussions.
Outrageous behavior includes more than just insults, annoyances, hurt feelings, or bad manners. A person would consider a behavior outrageous if they believed it to be outside the bounds of decency. The following factors, among others, determine whether the defendant's actions were outrageous:
Whether the defendant misused a power or relationship that gave him or her actual or perceived control over the plaintiff's interests
Whether the defendant was aware that the plaintiff was especially prone to mental distress and whether they were aware that their actions would probably cause emotional injury.
Is a Physical Harm Required for the Plaintiff to Receive Compensation for Emotional Distress?
No. The plaintiff need not show a physical harm in order to be eligible to compensation for severe emotional suffering. But in circumstances when the plaintiff has significant medical debt, lost wages, diminished earning capacity, or other compensatory damages, damages for mental anguish are frequently covered. Plaintiff' can also receive punitive damages In California, plaintiffs may receive punitive damages when there has been gross negligence or willful misconduct. Punitive damages are often awarded in intentional infliction instances because they call for "outrageous" behavior.
What are Some Instances of Causing Emotional Harm on Purpose?
A victim of intentional infliction of mental distress may receive compensation even if there was no financial loss or bodily harm. The following are only a few examples of the cases that intentionally cause mental distress:
sexual abuse or assault,
DUI-related fatalities or injuries
assault and battery that severely injures the victim's body
Knowingly creating or disseminating a highly hazardous product
revenge on a whistleblower, or
use of excessive force.
An injury need not be physical in order to have a significant effect on a person's life. Injuries to the emotions can be just as painful and occasionally more challenging to heal than many other physical ailments.
Glendale Lawyer
An attorney can assist you in obtaining compensation for your damages if you or someone you know was the victim of willful infliction of emotional distress. Injuries to the emotions can be just as painful and occasionally more challenging to heal than many other physical ailments. Please feel free to give our office a call at 310.943.1171.
Students who sustain severe injuries live on with their lives with non-beneficial outcomes. As a result of an accident, it leaves them scarred, disfigured, or severely injured. An individual's personal representative may file a death claim if an incident involving school athletics caused the death of someone. In a wrongful death litigation, damages may include salaries for family members who lost a loved one. For instance, unjustified death lawsuits that negatively impact the family are financial losses, compensation for loss of support, etc. The pain and suffering that families experience is a traumatizing feeling when losing a loved one. In particular, professional, badly wounded athletes experience depression, stress, hostility, and low self-esteem frequently after injury. Mood disturbance has a negative impact on attendance at completion of treatment and is related to the athlete's perception of their recovery progress. In general, a person's situation may become unfavorable as a result of an accident. Teams may lose sight of their objectives in favor of competing among themselves for awards.
Are Schools Accountable For Incidents That Occur Among Students?
Sports injuries include pain as well as any expenditures incurred as a result of your injuries. As a result, the victim of an injury will receive therapy in order to recover appropriately over time. If there are harmful conditions on school grounds, the school district may also be responsible. Premises liability rules may hold schools accountable when they fail to maintain school property in a way that is reasonably safe and an accident results. However, parents can be required to sign releases by schools before their kids can participate in school sports. Moreover, if a legal guardian chooses to prevent their kids from participating, then their chances of injuries will be much less.
Examples Of Sport Injuries In School
Every sport carries the risk of hurting a student. However, due to the nature of the action, such as in contact sports, some sports are statistically more likely to result in injury. Examples include:
Football: Almost everyone agrees that football is the riskiest sport for young people. Young football players experience a high prevalence of concussions and the risks of repeated brain trauma. Due to the sport's high impact nature, there are also significant dangers to the bones, limbs, and face.
Wrestling: This sport can cause harm to students due to the high muscle strain, strong movements, and body slams involved.
Basketball: Basketball is a fast-paced sport that can be aggressive. Leg muscles and joints abrupt transitions and stops. Shooting can injure the shoulders, and falling onto the hard basketball court can cause head or back injuries.
Weightlifting also carries a high risk of injury from slips, tr
ips, and falls, as well as from a lack of professional supervision in risky situations.
Soccer: results in tackling which can cause major broken bones in the ankle or even the spine and wrists especially from falling.
Teachers, coaches, and staff administrators need to effectively oversee all kids in order to avoid any student from becoming hurt. Consequently, the student's injuries reflects on the staffs' ignorance of the incident. However, it can change based on how risky the activity is and the age of the students that are involved.
Contact a Los Angeles Attorney
If you or a loved one has been involved in a school sports injury, contact Kaass Law at 310.943.1171.
Both the employer and the employee may have legal representation
The parties share information with one another
It is possible to call and interrogate witnesses
A decision-maker is the subject of a hearing
Why do Employers Insist That Workers Sign Arbitration Contracts?
Employers favor arbitration over civil action for a variety of reasons. Most importantly, arbitration is less expensive than civil litigation. They typically move forward considerably more rapidly and are consequently less expensive because they save so much on legal bills. Additionally, the parties share information considerably more swiftly during the discovery phase. Since there are typically fewer documents to analyze and consider, the process can move along more swiftly. Selecting the arbiter is a crucial component of the arbitration procedure' flexibility. In contrast to civil court proceedings where it is mandatory for them to comply with the judge, arbitration allows the parties to select an arbitrator who is knowledgeable in the subject area of the dispute. This has the downside that employers frequently attempt to select arbitrators who they believe will be helpful to their case.
Which Laws Apply to Arbitration Contracts?
Two significant laws, one produced by the California legislature and the other by the federal government, control arbitration:
The California Arbitration Act (CAA)
Act Federal Arbitration Act (FAA)
Each statute's particular criteria might vary, and disagreements between federal and California law are common. State laws are superseded by federal law, and any contradictions will be resolved in favor of the federal law.
What Kinds of Disputes are Eligible for Arbitration?
Any legal dispute that results from the employment connection between an employer and employee may be subject to arbitration agreements. The following claims are examples of those that could be arbitrated:
Personal injury lawsuits connected to the workplace are all common
This is merely a representative list; a legal arbitration agreement should be addressing a resolution for many other types of conflict between an employee and an employer.
When is a Clause Requiring Arbitration Enforceable?
Arbitration agreements must follow specific guidelines in order to have support by federal and California law. These conditions must be met for an arbitration agreement to be enforceable. This means that an employee will not be able to file a lawsuit; rather, they must arbitrate problems in accordance with the contract. In California, all agreements must:
Be reasonable
Have support by a thought
Written and signed without fraud, coercion, error, or incapacity
Conscionability is a legal term that describes fairness in contract discussions. An agreement's terms are deemed unconscionable if they unjustly favor one party over another, particularly if that party is regarded as the more powerful one, such an employer.
Glendale Attorneys
Do not hesitate to contact us if you have any questions concerning California's arbitration agreement rules or if you would want to privately discuss your case with one of our knowledgeable California employment attorneys. You can reach us at 310.943.1171
Has primary responsibilities in the executive, administrative, or professional domains. This typically means that they must devote at least 50% of their time to these tasks. For example running daily operations
Exercising discretion and independent judgment on a regular and customary basis at work
Earn a remuneration for full-time employment (40 hours per week) that is at least twice the state minimum wage.
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.
Exemption for Commission-Paying Employees
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:
Rake in more than 1.5 times the minimum wage
Commissions to make up the majority of their pay
Employees who receive commissions must therefore make more than $22.50 per hour or $21.00 per hour to qualify for exemption .
Which Wage and Hour Laws Do Exempt Employees not Fall Under?
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.
a day of labor has more than eight hours
a workweek that lasts longer than forty hours.
"work off the clock" otherwise.
Additionally, unlike non-exempt workers, it is not mandatory for exempt employees in California to get regular food and rest breaks from their employers.
What Can I Do if I'm Misclassified by My Employer?
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.
Glendale Lawyer
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.
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.
What is an Instance of Medical Malpractice?
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:
failure to detect a medical ailment that is easily detectable
operating on the incorrect body portion
working on the incorrect patient
giving the patient the incorrect medications
here are surgical instruments within the patient after the procedure
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: What are They?
Non-economic damages pay the sufferer for factors that are difficult to value financially, such as:
physical agony and pain
emotional distress
psychological distress brought on by the damaged patient's limitations
the victim's family's loss of consolation
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.
Glendale Personal Injury Lawyer
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:
Slips, trips, and falls
Overexertion or repetitive strain
Vehicle accidents during work hours
Falling objects on construction sites
Faulty equipment or machinery
Exposure to toxic chemicals
Inadequate training or supervision
Whether you work in an office, warehouse, or on a film set, your employer is responsible for maintaining a safe working environment.
When Workers' Compensation Isn’t Enough
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.
Proving Liability in an Employee Injury Case
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:
A building owner who failed to fix known hazards
A driver who hit you while you were making deliveries
A manufacturer who sold defective equipment
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.
How an Attorney Can Help
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:
Determine whether you have a valid third-party claim
File a personal injury lawsuit
Negotiate with insurance companies
Calculate the full value of your damages
Fight for a fair settlement or represent yourself in court
If you have questions about your legal rights, don't hesitate to contact our team for a free consultation.
Employee Injury Lawsuits vs. Workers' Comp Claims
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.
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:
fear
worry
tears
lack of sleep
despair
embarrassment
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:
sleep issues
anxiety
PTSD
other related symptoms that are challenging to diagnose with objective tests
What is a Multiplier for Pain and Suffering?
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:
extreme sorts of pain
lifetime medical care
lost wages as a result of a disability
severe injuries involving fractured bones
decreased quality of life
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.
Damages for pain and suffering are they taxable?
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:
physical illness
bodily damage
This implies that a party's damages may be subject to taxation if they get damages for emotional distress (but not for physical harm).
Glendale Personal Injury Lawyer
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:
Pedestrians who saw you backing out and intentionally hit you
Drivers speeding and being negligent of other drivers in their parked vehicles, leaving them little time to see other drivers coming
People running through the parking lot ignorantly
Drivers driving through vacant parking spaces rather than the lane between them
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.
Who has the Right of Way, and who is the Liable Party?
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.
How Common Are Parking Lot Collisions?
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.