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California Legal Blog

Motor vehicle accidents can even affect law enforcement officers

In Northern California and throughout the state, motorcyclists are vulnerable to motor vehicle accidents and the injuries that accompany them. Because drivers of passenger vehicles and trucks might not be as vigilant as they should be when sharing the road with motorcyclists, there is a constant danger for riders suffering long-term damage and death due to a crash. These incidents are not limited to civilians. Law enforcement officers who are on the job or off duty can also be injured when riding a motorcycle. They and their families also have the right to seek compensation in a legal filing after a collision.

An off-duty correctional officer died when a pickup truck turned into the path of his motorcycle. The officer had just completed his shift. The pickup was on the shoulder of the road and made a U-turn. The rider collided with the pickup and was thrown from the bike. He was rushed to the hospital, but declared dead. He had been a correctional officer for six years and was recently promoted to sergeant. He was also a veteran of the Marine Corps.

Sleep disturbance after a car accident with a brain injury

You may feel tempted to settle quickly when seeking compensation after a car accident. You need the money. You want to put the whole thing behind you. It pushes you to take the offer and call it good.

That may not be wise. In some cases, you could have long-term issues that do not have any quick relief. These could turn out to be life-altering issues, perhaps that do not heal. You may need long-term treatment. If you settle too quickly, do you really get all of the compensation that you need?

California law tightens independent contractor requirements

The gig economy has exploded over the last decade. Many individuals have taken on second jobs in this sector to further support themselves and their families. The gig economy provides these individuals with the flexibility they need, but there are also major benefits to companies who utilize these workers. Since these workers have traditionally been classified as independent contractors, companies who hire them have been able to sidestep many of the costs that are associated with hiring an employee. These include health and workers' compensation insurance and Social Security and Medicare taxes. These savings can be quite significant.

However, a newly enacted California law is making it harder for businesses to classify workers as independent contractors. The law attempts to follow a Supreme Court ruling that found that independent contractors are oftentimes unfairly denied benefits and protections afforded to employees.

Motor vehicle accidents and vicarious liability

Dealing with the aftermath of a serious motor vehicle accident can be stressful, overwhelming and downright terrifying. Many car accident victims struggle merely to cope with the physical pain they must endure, yet they also have to confront the emotional and financial damages that are thrust upon them. As scary as that is for motor vehicle accident victims, they may be able to seek relief through a personal injury lawsuit.

If successful on one of these claims, victims may be able to recover compensation for their damages. However, sometimes the damages are so extensive that even winning against a negligent driver in his or her capacity may not lead to a big enough recovery to satisfy a victim's needs. In other words, one person may not have the funds necessary to make a victim whole again. This is why, depending on the circumstances, it may be important to consider also pursuing a vicarious liability claim.

Calculating damages in burn injury cases

The negligence of another can cause serious injuries to innocent and unsuspecting individuals. While these injuries can be painful and inflict victims with physical limitations, they can also cause other damages. For example, sufferers of catastrophic injuries can face extensive medical expenses, lost wages, and emotional pain and suffering. Taken together, these damages can quickly become overwhelming, leaving many of these individuals with uncertain futures.

Amongst these individuals are those who suffer burns. Like many injuries, burns can span a spectrum of severity. The most minor burns require very little attention outside of ointments and some pain medications. More severe burns, though, can put victims at risk of infection and leave them with permanent disfigurement. Those who suffer serious burns therefore often need more extensive medical care.

Chicken recalled over concerns of metal contamination

Nearly every aspect of our lives is regulated to a certain extent. Traffic laws control those who drive on roads, medications are rigorously tested before being released to the public, and even our food is subjected to inspection in its preparation and distribution. All of these regulations are meant to keep the public safe. Yet, dangerous products make their way to the market all too often, thereby putting innocent consumers at risk.

Just look at one recent recall that affects chicken distributed to multiple states, including California. The USDA indicated that a processing plant in Arkansas is recalling more than two million pounds of chicken out of concerns that it may be contaminated with metal. The chicken was shipped to businesses and institutions, such as restaurants, hospitals, and schools, and is ready to be cooked. The USDA has classified the recall as Class I, meaning that there is a reasonable probability that consuming the food will lead to serious injury or death.

Car crashes are a leading cause of child death and injury

As a parent, you very likely do everything you can think of to keep your children safe and help them have a happy childhood that leads to a successful adult life. Unfortunately, if you are like most parents, you may actively ignore the single biggest statistical risk to your child.

After all, motor vehicles are such an ingrained part of modern American life that most people choose to more or less ignore how dangerous modern transportation really is. Motor vehicle crashes are a leading source of injury and death for minor children.

Options available after an FMLA violation

There are a number of federal protections in place to protect employees in the workplace. One of the most important laws is the Federal Medical Leave Act, also known as FMLA. In short, those who qualify for the protections afforded by the FMLA cannot be retaliated against for taking leave for certain conditions. Protected conditions include the birth and care of a newborn child, care of a family member who suffers from a serious medical condition, and the care of one's own serious medical condition.

Although the protections afforded by the FMLA are clearly delineated, the truth of the matter is that employers continue to violate it. In far too many instances, employers reduce an employee's hours or wages after they return from leave, and, sometimes, they demote or terminate the employee simply because the employee attempted to assert their right to leave under the FMLA.

Employment law and age discrimination

There are many factors that go into making personnel decisions. An individual's skill, experience, and motivation can all play a major role in deciding whether to hire, fire, or promote an individual. However, employers need to be careful that they are not basing their decisions on characteristics that would be deemed discriminatory in nature. Doing so could lead to legal action that can be damaging to a business's finances and reputation.

Deciphering discriminatory acts isn't always easy, however. For example, federal law prevents an employer from discriminating against an individual based on age, but only under certain circumstances. Under the Age Discrimination in Employment Act, an employee or potential employee is protected from age discrimination only if they are over 40. There are no protections for those who are younger than 40. Also, the federal law only works to protect workers from being discriminated against for being too old, not for being too young.

Popular heartburn medication recalled over cancer fears

Consumers expect the products they use to be safe. While certain regulations seek to bring those expectations to fruition, the reality is that dangerous products still find their way into the marketplace. This puts innocent individuals at risk of being seriously harmed, even when they are using a product as intended. Those who suffer harm caused by a defective product may want to consider taking legal action to potentially recover compensation for their damages.

Many Americans may be in that position now after the Food and Drug Administration announced that high levels of a contaminant found in the over-the-counter heartburn medicine Zantac have been linked to cancer. According to reports, probable carcinogen NDMA is present in the medication, which many believe is a byproduct of the chemical form of the drug itself. The medication has been pulled from many store shelves, and additional recall action may be taken in the near future.

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