By Jinky Belle Abelardo
When a person obtains injuries for accidentally slipping, falling or tripping due to a property owner’s negligence, it is referred to as a slip and fall injury. This is a subcategory of personal injury cases.
A property owner could be any of the following:
• A residential property owner
• An establishment or business property owner
• The local, city, state, or federal government
While there is no precise way to determine if the owner is legally responsible for the slip you have made, your case will be tested if actionable in court. If the proprietors are proven to have violated the duty of care they owe to the people, then they will be held liable to the injuries a person will obtain in a slip and fall accident within their premises.
Slip and fall incidents happen because of the following reasons:
• Poor lighting
• Slippery floors
• Loose carpeting
• Stairs of uneven rise
• Loose objects on the floor
• Broken hand rails and stairs
• Cracks and other irregularities on pavements
• Food and other wet substances on the surface
• Uncovered holes on floors, grass, and sidewalks
Now if there is proof that these things are due to the negligence, inaction and improper maintenance of the property owner, the injured party shall have the right to demand compensation for damages.
When liability is verified against the property owner, the victim may be entitled under the law to receive compensation. Below are some of the common damages a victim may sue from the negligent party.
• Physical pain and suffering
• Trauma / emotional pain and suffering
• Hospital bills
• Loss of future income
• Past and future medical expenses
Investigation must establish first that the property owner has prior knowledge of the faulty condition/s. Otherwise, a lawsuit cannot be held valid in court.
A personal injury lawyer comes in when there is enough evidence that the property owner is responsible to the slip and fall accident. A Los Angeles personal injury lawyer has the expertise in handling slip and fall cases.
It is a lawyer’s job to help the plaintiff file his charges to court, complete the necessary legal documents, gather all evidence, prove that the property owner is accountable and assess every possible claim he/she can receive.
A victim should seek legal assistance from an attorney who has great deal of experience with slip and fall lawsuits. This will give him an advantage over his opponent. A good lawyer shall be able to act on your behalf efficiently and successfully.
But what if the accident was due to the negligence of any government body such as the local community, city or state? Would it be possible to win the case?
Definitely. Unless the victim doesn’t have an expert lawyer to represent him/her.
Defending one’s claim against a government entity in a county like Los Angeles may be more difficult to win, but it is certainly possible. As long as he has the best slip and fall lawyer, he can increase his chance of winning his claim.
Get the expert legal assistance of professional Los Angeles slip and fall attorneys in cases of slip and fall injury.
Article Source: http://www.ArticleBiz.com
Saturday, February 2, 2008
The Best Legal Assistance from Slip and Fall Lawyers
Posted by pipat 0 comments at 3:23 AM
The Importance of Having an Expert Labor Law Attorney
By Jinky Belle Abelardo
Labor laws are designed for the protection of workers from the unlawful conduct of their employers. It covers all facets of torts on employment issues.
These laws preserve the employer-employee relationship and encourage both parties to work together peacefully. Labor laws also prevent unfair labor practices. Former employees and job applicants are also covered by employment laws.
Labor laws also permit employees to form unions and grant them the rights to perform union activities. Employers cannot prohibit their employees from exercising their rights to be heard.
Labor laws in Los Angeles protect laborers from the following cases:
• Discrimination or retaliation
• Sexual harassment
• Wrongful termination
• Wrongful demotion
• Workplace violence
• Invasion of privacy
• Whistle-blowing
• Denial of promotion
• Denial of meal breaks
• Denial of rest breaks
• Denial of pregnancy leave
• Denial of medical or disability leaves of absences
• Denial of overtime pay
• Wage below minimum amount
• Other wage and hour issues including waiting time penalty and denial of unpaid wages
Most of employment lawsuits in Los Angeles root from the discriminatory conduct of their employer. Title VII of the Civil Rights Act of 1964 aims to protect employees from any form of discrimination.
When an employee believes that his or her employer has violated this act, he/she can file a claim with the Department of Fair Employment and Housing (DFEH) before filing a civil action.
The law that prohibits employment discrimination in California is called the Fair Employment Housing Act (FEHA). It provides a broad set of remedies for violation. The remedies include compensatory damages, equitable relief, and punitive damages.
Other cases call for a different procedure. Employees in Los Angeles have different means of collecting unpaid wages and suing for unlawful treatment of the employer. Some of these effective approaches include negotiation with the employer, filing a claim with the labor commission, or filing a claim in court.
Employment issues can be resolved by legal assistance. If you have been involved in any of the cases mentioned above, don’t hesitate to seek help from labor law attorneys. After all, you deserve justice. Laborers ought to have a work environment free from unlawful practices.
Having an experienced and aggressive labor law attorney shall help you defend your claims and win your case. They will know firsthand whether your rights have been violated or not. Look for lawyers who have the dedicated advocacy for the rights of workers. You can rely on labor law attorneys who understand and appreciate these rights.
Labor law attorneys shall deal with your legal concerns such as suggesting and gathering evidence needed to prove your claims, drafting all the necessary paper works, and handling the oral arguments with the defendant on trial.
Integrity and professionalism of labor law lawyers also matter when it comes to dealing with negotiations and representing your case to trial. Employment and labor law professionals know the proper court procedures and will initiate legal action.
When you are battling with another person to justify your rights, it is significant to have a lawyer by your side who knows how to defend his clients effectively.
Get to know why Los Angeles Labor Law Attorneys are important allies in your labor law violation case.
Article Source: http://www.ArticleBiz.com
Posted by pipat 0 comments at 3:22 AM
Lawyer TV Ad States Insurance Company Settled At Mere Mention of Lawyer's Name
By Christopher Davis
I ran across this story while doing some research on disreputable attorneys who use misleading advertising to solicit clients. Back in 2003, the Indiana Supreme Court reprimanded two personal injury lawyers and their law firm for using misleading television ads that violated state ethics rules.
The TV ad depicts a conference room where actors portraying insurance adjusters are discussing a claim. An older man, the "senior adjuster," asks a younger man, the "junior adjuster," how the claim should be handled. The junior adjuster describes the claim as "...a large claim, serious auto accident" and suggests they try to deny and delay to see if the claimant will "crack."
The senior adjuster then asks which lawyer represents the victim, whereupon the junior adjuster responds says the name of the firm. A metallic sound effect follows and the senior adjuster, now looking concerned, states: "Let's settle this one." At this point in the advertisement, actor Robert Vaughn appears on screen and advises viewers, "[T]he insurance companies know the name (law firm name)."
Mr. Vaughn then invites individuals who have been injured in an auto accident to tell the insurance companies they "mean business" by calling the law firm. Mr. Vaughn provides the lawyers' telephone number, which also appears at the bottom of the screen.
The lawyers ran two other similar TV ads. The Indiana Supreme Court ruled that the ads were deceptive and misleading, resulting in a formal admonishment and reprimand. The lawyers were ordered to pull the ads.
Can you believe the measures that some attorneys will go to in an effort to get clients? You need to know that:
Although the bar association has rules that govern lawyer advertising, it usually does not actively investigate, restrict or determine whether each lawyer who advertises is a specialist or has experience with the type of case being advertised and whether his claims are legitimate.
There are no restrictions on the different types of law that the lawyer wants to advertise. You should be extremely careful about choosing an attorney based solely on that attorney's advertising claim, whether the ad is in the phone book or on television.
Did you know that there are companies that offer prewritten and pre-shot TV commercials for personal injury attorneys? Any attorney with enough money can pay to be on the list, including attorneys who have never tried a case in court. Many times the attorney who has paid the fee is not necessarily the most experienced lawyer for your case. I'm not saying that all attorneys who use TV advertising are inexperienced. But you should not rely on TV advertising alone when choosing a lawyer.
Just a word to the wise.
Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com .
Article Source: http://www.ArticleBiz.com
Posted by pipat 0 comments at 3:21 AM