What are my rights as an employee in California?
An employee in California cannot be discriminated against or retaliated against based on the following categories, according to the FEHA:
An employment law attorney specializes in local and federal employment laws, advising and representing clients in issues like contracts, disputes, and compliance. Serving as advocates for both employers and employees, employment lawyers offer legal guidance, assist in dispute resolution, negotiate contracts, and represent clients in legal proceedings, contributing to a fair and lawful workplace.
Employment law regulates the multifaceted employer-employee relationship, covering rights and responsibilities such as wage regulations, discrimination protections, workplace safety, wrongful termination, and worker rights like rest and meal breaks. Employment lawyers, with their expertise in this field, navigate these complexities to ensure compliance and uphold the rights and obligations of both employers and employees in the workplac
While some resolve disputes through negotiation, situations where agreements aren’t reached often necessitate hiring an employment lawyer. Individuals may seek legal representation from organizations like the California Civil Rights Department if unable to settle disputes independently. Employment lawyers specialize in handling these complexities, safeguarding claimants’ rights and pursuing fair compensation when needed.
We work on a contingency basis, so we will not charge you a penny unless we take your case and win a settlement or a verdict, so that legal representation is affordable for everyone.
Navigating employment law can be challenging due to the discrepancy in resources between individuals and their employers. Finding an employment lawyer willing to take on your case despite these odds is vital. When seeking the right employment law attorney, prioritize those with a track record of representing workers, backed by honest and positive testimonials. Additionally, opt for employment lawyers who demonstrate a client-centric approach, ensuring they prioritize your needs and advocate fiercely on your behalf within the complexities of employment law.
A doctor commits medical malpractice by negligently providing medical services when that negligence causes or contributes to injuring the patient.
The injured party must first prove that the health care provider fell below the standard of care for similar health care providers in California. That means the health care provider failed to act as a reasonable and prudent health care provider in California would under similar circumstances. The health care provider can fall below the standard of care by doing an act that is wrong under the circumstances, for example providing the wrong treatment for an illness or injury, or by failing to act when action was necessary, like failing to properly diagnose a disease or injury.
The injured patient must then prove that the health care provider’s breach of the standard of care was a cause of significant injury to the patient. The health care provider’s error does not have to be the only cause of the injury, it only must contribute to it. For example, a doctor who fails to diagnose cancer in a patient does not cause the cancer, but the doctor can still be liable for malpractice because the delay in dealing with the cancer caused by the failure to diagnose it may lead to a significantly higher risk of death from the cancer than had it been diagnosed and treated properly.
Determining whether a health care provider may be liable for medical malpractice requires a mix of legal and medical evaluations. You should consult with a qualified lawyer if you suspect you have been the victim of medical malpractice so that the lawyer can thoroughly and properly evaluate the legal and medical issues involved in your particular situation
Other important steps after an accident include:
Do NOT do the following after getting into accident:
Every prospective personal injury client is entitled to a free initial consultation with one of our lawyers. During this meeting, the attorney will gather facts from which we can make an initial assessment of your personal injury case. Based on our honest evaluation, we might inform you that your harm is not compensable or that the chances of recovery are not likely.
Personal injury cases are typically handled on a contingency basis. Under this arrangement, you will not pay any attorneys’ fees unless there is a recovery by settlement or verdict. Under this kind of agreement, we receive compensation for our work after we recover money for you based on a set percentage of the total recovery, consistent with applicable law and regulations.
Costs related to your case are paid at the conclusion and are separate and distinct from our attorneys’ fees. Some common examples of these costs are filing documents with the court, serving defendants with notice, obtaining records and hiring experts.
An insurance company’s interest is to ensure that you receive as little compensation as possible for your injury. The insurance adjuster is likely rewarded for resolving claims for as little compensation and as quickly as possible. It is not uncommon for an insurance adjuster to visit an injured party soon after an accident occurred, when the victim is physically and emotionally vulnerable. The adjuster may come with an offer to entice you to accept a settlement for far less than you could recover if you had legal representation. It is prudent to not to sign away your rights without being fully appraised of the consequences. A personal injury attorney will ensure that the company actually pays the full value of the claim, taking into account all of your past and future losses.
When an accident occurs, it is common for an insurance company to ask the injured party to make a recorded statement. These statements are usually requested immediately after the accident, when you may not fully know or understand the full extent of your injuries. Insurance adjusters are trained to discretely influence you into saying something that will protect their company from liability or limit your claim against it. It is very easy for comments in recorded statements to be taken out of context and used against you in litigation. The ultimate cost of this to you could be hundreds, or even thousands, of dollars.
Personal injury refers to the legal body of law that governs any form of injury to an individual as a result of an accident. The damages resulting from such accidents can be either physical or psychological. In addition to suffering from some type of accident, your injury must be the result of someone else’s fault. In other words, another party must be legally responsible for your harm. Therefore, it is essential that your attorney is able to establish liability in your case for you to be successful. Liability could result from a person’s intentional act, such as assault or battery, or from a person or party’s negligence, such as a slip and fall, or car accidents.
According to California Law, a Party is Negligent when it fails in a manner expected of a reasonably prudent person acting under similar circumstances. Accordingly, negligence requires the demonstration of four elements:
Other than Negligence, How Else Might I Recover for My Injuries? Negligence is only one way a party may be liable for your damages. An individual or entity might be civilly liable for your damages for any intentional acts. Intentional accidents you might recover for include battery, assault, intentional infliction of emotional distress or even defamation. Furthermore, a defendant might be strictly liable for conduct that is neither negligent nor intentional. Most commonly, strict liability occurs as a result of attacks arising from certain dangerous animals (often dog bites, but not always), ultra-hazardous activities such as explosives, or dangerous substances, and product liability resulting from product and manufacturing defects. Also, employers are liable for actions of their employees under vicarious liability under any of the theories mentioned above.
How Much Should I expect to Recover from My Personal Injury Claim? Every case is different, and the amount of recovery for each case is unique. At Downtown LA Law, we believe in utilizing every possible form of recovery, both economic and non-economic, in an effort to fully maximize your compensation. This includes:
The amount of time you have to file a personal injury claim after your injury is known as “Statute of Limitations.” In California, different claims carry different Statute of Limitations. For most forms of Personal Injury such as car accidents and injuries, the statute of limitations is 2 years from the date of the accident. Other forms of claims such as Defamation (1 year), Fraud (3 years), injury to personal property (3 years), medical malpractice (3 years), written contracts (4 years) carry different limits. Additionally, while the failure the file your claim within the statutory period may be detrimental, ther are certain exceptions. Although the statutory period begins to run on the date of the accident, exceptions will be made in situations where the injured party was mentally incompetent or incapable of filing a claim. Also, the statutory period is extended for minors under the age of 18. The minor has until their eighteenth birthday, in addition to the statutory period to file the suit. Finally, the statutory period may be extended where an injury is unknown, but is later discovered. Additionally, certain claims against public agencies must be made within 180 days from the date of the accident.
Often times, the opposing party does not carry the full blame for your injuries. A common example of this is in car accidents, where two or more parties are driving recklessly. Under these circumstances, California adheres to pure comparative fault. Under this theory, the injured party in a accident will still recover damages in an accident, even if that party carries some blame. Once the portion of fault is determined, that party is entitled to recover in proportion to the other party’s fault.
Our job at the Law Offices of Jonathan Ebrahimian is to procure the maximum amount of compensation for our clients and to make the process as simple and effortless as possible. We work diligently in learning all the requisite laws and statutes and using every weapon in our arsenal in order to ensure that you receive every last penny that you deserve. Furthermore, we have built a reputation of fearless fighters who will not budge if our goal of maximum compensation is not achieved. We will not settle your case unless we are sure that it is what is right for the client. We are not afraid to battle big insurance companies and fight in court if need be. Also, your initial consultation at the Law Offices of Jonathan Ebrahimian is always free, and we don’t receive a penny unless we settle your case.
Our law firm’s practice specializes in Personal Injury and Employment Law. The Law Offices of Jonathan Ebrahimian has successfully represented thousands of Plaintiffs in recovering damages since opening in 2008.
In certain cases, we advance costs for our clients so that access to the courthouse is not limited by your ability to pay. With our unwavering dedication, spirited passion, unique resources and modern technology, we can literally take on any opponent. We frequently find ourselves and thrive in what we call “underdog litigation” where one individual client takes on a large entity or industry or manufacturer in an effort to change and/or stop unlawful or unsafe conduct for the good of others and the community.
We pay generous referral fees to referring attorneys pursuant to State Bar Rules and consider joint venture agreements in certain cases.
Should you have any questions regarding your matter, you can reach Jonathan or his staff at any time by contacting our office.