Hiring a Wrongful Termination Lawyer For Your Claim
Before you enlist in a wrongful termination attorney, you want to ask yourself: Was I wrongfully terminated from my job? Many employment relationships are nothing more than at-will, which means that either the employer or the employee may terminate the relationship at any time without reason. Federal anti-discrimination laws are in place to protect you as an employee if you were “let go” because of race, color, national origin, sex, religion, disability, pregnancy, and so much more. However, you may need an attorney for more than a discriminatory case. For instance, many employees every year violate the contracts that they write up. This is why you may need an attorney on your side to protect your rights. What Evidence Do You Have? One way that an attorney may be able to help you through your case is with the usage of strong evidence. Did your employer give you written documents entailing why you were terminated? Did you receive performance reviews up until the date of your termination? Were there any witnesses that saw a particular treatment or discriminatory action taken against you by an employer? These are all considerations that need to be made to assess whether or not you have a case. Were There Financial Losses? You do not want to handle one of these cases alone, because you may lose out on beneficial opportunities to receive compensation for your losses. In a wrongful termination case, you may be looking at damages like lost pay, lost benefits, possible emotional distress damages, and potential punitive damages. You may also be entitled to attorney’s fees depending on the turn your case takes. Before speaking to the Equal Employment Opportunity Commission about your case, seek the help from an attorney that knows what they’re talking about. We know our ways with the laws, so give us a call today at RAWA Law Group for more information.
Uber Law: Driving Accidents, Fatalities, and More
Many studies over the past few years since Uber’s emergence have shown that the ridesharing service is doing quite well – possibly even reducing the likelihood of accidents. People who would have otherwise gotten behind the wheel of a car drunk are now choosing Uber to take them where they need to go. Of course, there are many scenarios, but this is an important issue to address in times where the likelihood of drunk driving always seems to be skyrocketing. You may or may not have known, but Uber has an insurance policy to cover both drivers and passengers in the event of an accident. This is important to understand in the event that you are injured in one of these unsightly accidents, as accidents can strike at any time. Coverage sometimes hits $50,000 per injury if the driver’s personal insurance will not cover the issue. One of the most vital aspects that you must understand in these cases is that Uber employees are not actually “employees” but, rather, third-party providers. This means that a company is not technically liable for the actions of the contractor. So, even though insurance may be effective for covering your injuries, you may not be able to sue the company for extra damages. The best step that you can take in one of these cases is to gather as much evidence as possible to prove your claim. Determining fault in one of these crashes, whether you were a passenger or a pedestrian who was injured, depends on how much evidence you are able to collect against the party. These accidents are almost like any other car accident in many ways. Call us today to discuss your claim so that we can help you get the most out of your case as well as the compensation to cover your injuries.
Making a Passenger Injury Claim After a Car Accident
When you are involved in a vehicle accident, you may feel many confusing thoughts. Perhaps you sustained injuries, for instance, and wonder how you will be compensated for them. What can make an accident much more threatening and scary is when you have been a passenger involved in an accident, because you may feel like you are all out of options. This is far from the truth. Today we will guide you through the process of how a passenger injury claim works, what you will have to prove, and so much more! Determining Fault and Making Your Claim When you have first been involved in a passenger accident, you should take note of what you saw occur on the scene. Did somebody pull out in front of the driver? Did the driver go through a stop sign? You may find that one of the most important aspects of this process for the insurance companies is determining fault in your case. They will typically launch an investigation to make this determination, where police reports, statements from witnesses, and more will be examined. Your word is good in this case, and you should always be truthful about what you witnessed. Once who is at fault is determined, you are able to file a claim against the at-fault party. This means that you can file a claim for compensation against the driver of the vehicle that you were a passenger in so that you can receive compensation for your injuries. Coverage will usually cover you for special needs like medical expenses, lost wages, and pain and suffering in some cases. Things may be handled a bit differently if the other driver involved in the case was found to be at-fault. You will still be able to file a claim against their insurance company. No matter what percentage of fault is assigned to that driver, you will be able to claim compensation because they were involved in some way, therefore they share liability. This becomes important in cases where one driver might not have proper coverage to cover the entire amount of damages that you as the passenger incurred. In this event, the other insurance company will cover the rest. In some cases, you may even be able to file a claim against your own policy. Your policy may be able to cover medical payments that you have incurred after you were involved in an accident, no matter who was at fault. However, something you must remember is that your policy will most likely not cover pain and suffering or lost wages, as well as anything else along those lines. What if I Was at Fault? What happens if the passenger was partially at fault for the accident? In some cases, this may become prevalent if the passenger was distracting the driver, or grasped the wheel. This would lessen the amount of recovery that they are able to receive for the accident. You will find that many states handle things this way, but some states will be even harsher yet and not award damages at all to somebody who played any role in causing the accident. The fact remains: If you have been involved in a serious accident and received any type of injuries, you should always call an attorney who has experience in these types of cases. At RAWA Law Group, we can help you with your case after your initial phone call. Pick up the phone today and call us for your injury needs!
Employer Liability for Injuries Suffered in an Accident With a Company Vehicle
Let’s say that you work for a company where you are occasionally making deliveries on behalf of your employer. One day you walk out to your vehicle, buckle up, and pull out the road where you’re headed to your next destination. However, on the highway, you are hit by a negligent driver and suffer serious injuries as a result. Where do you turn? What happens when you are injured on the job while driving? How will you receive the compensation you deserve for your injuries? Employer liability for car accidents during working hours will be determined by a variety of factors. There are really two ways to find liability: employer negligence and vicarious liability. Here are both of those, further explained. Employer Negligence: Two of the biggest types of negligence occurring in these cases involves hiring an employee negligently or supervising an employee negligently. For instance, shouldn’t an employer take precautions to hire an employee that they know will drive as safely as possible when they are working? This is why many employers will put requirements in place such as hiring employees who will not drive under the influence or do not have a huge criminal background involving vehicles. They should also meet the requirements of having their commercial driver’s license. Negligent Supervision: Employers should also have reasonable safety policies in place and make sure that safety laws are being abided by. This means that, if there are special federal or state laws to be followed, employers should make sure that employees are abiding by them. This could include laws that revolve around weighing and loading. If an employer fails to keep track of this, then they could be sued for negligence. Vicarious Liability: Under this rule, if an employer tells an employee to do something, it means that a principle is acting. In one example, an employee is sent on an errand for their boss but makes a side trip to get lunch along the way. If they become injured while getting lunch, they could not hold the employer responsible because they were doing that act “on their own time.” Accidents Occurring During a Commute to Work Under liability in the courts as well as workers’ compensation benefits, an employee will only be eligible to file if they were injured “within the scope of employment.” For instance, let’s say that you were driving a work truck and the vehicle was defective and caused your injuries on the roadway. Later, you find out that this happened because the employer failed to check important components of the vehicle, and this led to your injuries. You may be able to hold the employer responsible in this case. However, consider another option. Let’s say that you were driving to work in the morning but didn’t quite make it there yet. You were injured along the way and now want to sue your employer for your injuries. You were not yet working in the scope of employment, so you could not hold the employer liable for your injuries. If it happens before and after work hours, liability will usually not fall on the employer. Have you been injured on the job and need help with your claim? We can help you make a case against the employer who caused your injuries in some way. Call us today at The RAWA Law Group for more information on where to turn.
Proving Fault in a Truck Accident
Why are truck accidents more likely to cause injuries than accidents involving passenger vehicles? This is a question that many people wonder each year as they sustain extremely serious injuries from these catastrophic accidents. The truth is, a fully-loaded commercial truck can weigh up to 80,000 pounds or more compared to the low 3,000 of a passenger vehicle. Many of these accidents even end in fatalities, which is why prevention is always key when considering the power of a commercial truck on the roadways. (1) After a truck accident, you may have many emotions swimming through your head. The truth is, there are many options out there for you. However, you must first take proper steps after the accident occurs to protect your rights down the line, especially if you are interested in filing a lawsuit. This means that you will want to call the police and obtain a police report, take photographs of the accident scene, take good documentation of observations, and get all contact information as well as statements from witnesses. All of these steps may be crucial to your case because they serve as evidence. After all, is said and done, you may even want to return to the accident scene so you can take a better look at what happened. Were there specific road conditions that may have had a part in the accident? These are questions you will want to answer. Proving Your Case Negligence will come into play if you believe that a truck driver caused your injuries and should be held liable to compensate you. If you have been injured, you must be able to prove that the truck driver owed you a standard duty of care and should have exercised this care to prevent you from gaining injuries. You must show that they breached this duty of care and that it was the direct cause of your injuries. One of the most important things to remember in a trucking accident case is that there is a wide variety of defendants that you may have to identify in your case. In some cases, there may be even more than one defendant in your case. The first thought any person would probably have after a truck accident is, “It had to be the driver!” but this is not always the case. Perhaps a truck driver’s employment relationship is with their company and the company is at-fault for the accident because they failed to maintain the truck. In this case, you may find that the company is legally liable for your injuries. It all depends on the degree of control that a defendant had the truck that caused your injuries. (2) Once you prove your case through a lawsuit, you will receive compensation in the form of “damages.” It is important that you receive the physical, emotional, and financial losses necessary after you have been injured severely. This is why it is important to give us a call today at RAWA Law Group to handle your case from the very beginning – call now! (1) https://injury.findlaw.com/car-accidents/commercial-truck-accidents-faq.html (2) https://injury.findlaw.com/car-accidents/commercial-truck-accidents-overview.html
What Your Injury Claim is Worth
When you have been injured in a personal injury accident, you may not know what to expect. How will you be compensated for those injuries and what damages may you receive when all is said and done? How your personal injury compensation will be determined is according to your past, present, and future medical bills. However, you may find that calculating the total amount of your losses or “damages” can be entirely difficult, and this is why you should always have an attorney working on your side to help you through the complex process. (1) Special Considerations in Injury Cases When you are involved in a personal injury case, damages may be the one thing on your mind that you will hear over and over again when determining how much your case is worth. This may consist of special damages or monetary losses, or general damages, which cover more emotional damages. Here are a few of these, explained: Medical Costs: These will typically include reimbursement for the costs of all medical treatment like the ambulance ride, hospital or clinic stay, time spent with chiropractors, and more. Lost Income: If you lost wages and other earnings relating to work due to your accident, you may receive lost income. Out-of-Pocket Expenses: These will include everything relating to special costs of your accident like over-the-counter medications, crutches and slings, and parking fees for your appointments due to the accident. Pain and Suffering: If you have suffered real pain and severe discomfort due to your accident, you may receive pain and suffering. However, this can be difficult to place because no two individuals will experience pain on the same level. Emotional Distress: If you have suffered anxiety, depression, fear, or shock relating to the accident, you may be compensated for emotional distress. Loss of Consortium: If your spouse has lost intimacy or sexual companionship due to your accident, they may help convince the courts or insurance companies or loss of consortium. Some factors that may come into play are the liability of the insured, future prognosis, and history of jury verdicts. However, one of the important determinations is the seriousness of the injury and how it affects you now and in the future. This is where special and general damages play the most important role in regards to your claim and how much you think you will receive. This is where something known as a multiplier comes in. The multiplier becomes lower or higher depending on the circumstances of your case such as how bad the injuries are, how much medical treatment you have received, and what treatment you may need in the future. Of course, you must also consider the fact that California is a pure comparitive negligence state. This means that, if you were at fault for a percentage of your accident, the dollar amount of your award could be reduced. (2) Now you understand why it is especially important to determine fault in your case and ask yourself if your own negligence has played any part in the accident. If so, you may want to speak to an attorney today about your options to receive as much compensation as possible. Call us now for more information. (1) https://www.injuryclaimcoach.com/personal-injury-compensation.html (2) https://www.alllaw.com/articles/nolo/personal-injury/calculator.html#
How to Prove Fault in a Car Accident
You may have many questions after a car accident takes place: Where will I turn? Do I need an attorney? Who was at fault? The answer to this question may not be as easy to determine, as it seems. You see, many factors are considered when determining fault. You may wonder which party’s insurance will cover repairs and damages as well as when criminal liability comes into play if negligence was involved. Proving Fault After Your Accident Rear End Accidents and Left-Turn Collisions: These accidents are some of the most common types of accidents. If a car hits you from behind, it is almost always determined that they are at fault for your injuries and damages. It is a simple rule of the road that you must leave enough room in front of your car to stop if the car in front of you were to slam on their brakes. However, sometimes the case is a bit different when a third party caused the accident. Perhaps they did something dangerously, causing both of you to slam on your brakes. In that case, they would be at fault for the accident. However, you must always remember that contributory negligence still comes into play. Left turn accidents are the same when it comes to this; The driver taking the left turn will almost always be at fault. However, in some cases, the car may have started turning left when it was safe but had to stop because an animal or person ran in front of them. Here, the liability may be shifted. Traffic Laws: It pays to understand traffic laws when you have been injured in a car accident. Many people can find out about the rules of the road by simply looking in manuals or finding information on a government website. By understanding the laws that regulate your case, you can find out more information on how to proceed. Juries and judges understand these laws when it comes to making determinations about your car accident. Police Reports: The Police are of utmost importance in a case where you are attempting to determine liability. If serious injuries occurred, you may expect to see police at the scene. Police will issue a police report, which contains very important information regarding the accident as well as the possibility of who was at fault. Perhaps they mentioned that the road conditions were harsh and that one party was speeding. Perhaps they will cite drug and alcohol use. You can inquire this information from the police department that responded to your accident. From there on out, will you have the vital information you need to help determine fault? Examining the Evidence in Your Case It is important to document special information regarding the accident based on what you see at the scene. You may remember it one way and another party may remember it another way, so you should always take pictures as well as take down information about conditions and more. You also want to contact any witnesses and ask them to give a description of the accident as well as any important contact information. Have you been injured in a serious accident and, as a result, sustained injuries? It may be a wise idea to have an attorney on your side that can help you through the laborious process of determining fault and going to court for your injuries. We will help you gain the compensation you deserve after your accident.
Who is Liable for my Injuries? All About Premises Liability
Just recently, a California state correctional officer brought a claim against California after he fell on a defective concrete step when he was walking to work from an apartment he was renting on prison grounds. Since he was on the employer’s premises when he was injured, however, taking a civil action was barred. Many of these cases become very skewed when it becomes difficult to figure out who should be held liable. In this case, a lot should be taken into consideration, such as whether or not the correctional officer was working in a course of employment when the injury took place. The simple question is this: Who should be held liable for the injuries? and Can you prove it? Gaining a Better Understanding of Premises Liability Regardless of the property, if somebody is entering onto it, there should be a reasonable expectation that they will be kept safe from all injury. This makes property owners responsible for maintaining a relatively safe environment no matter what the cost. For example, what if somebody is delivering mail on your property and they fall in a giant hole on your property that you put there? Shouldn’t you have put out some type of warning to prevent this from happening? Property owners, under premises liability, will be held liable for accidents and injuries occurring on their property. These cases are very common, especially for slips and falls. Liability really depends on what your specific state enforces. However, in many states, it will depend on the status of the visitor to the property. In those cases, the Invitee, Licensee, or Trespasser is considered. Here are each of these determinations, explained: Invitee: These are people who are invited onto the property, such as those who buy from a store. In these cases, the property owner promises to assure the safety of the premises to the best of their ability. Licensee: These types of visitors come for their own purpose. They can often be classified as social guests, or those who are welcome visitors to the property. Trespasser: These people enter without any right whatsoever. There is no promise to a trespasser that reasonable care should be taken. The Condition of the Property The condition of the property at the time of the accident is very important in many cases. The standard is very simple: If your property is open to visitors, taking the steps to ensure the property is safe. Many factors will be taken into consideration when an accident occurs. This includes the circumstances under which the visitor entered the property, foreseeability of the accident, and reasonableness to warn the visitors. Of course, special rules may also apply when both parties are at fault for an accident occurring on the property. Not only does the property owner have to keep the property safe, but a visitor must also exercise reasonable care to assure that they do not become injured. This is where the comparative fault system comes into play, to reduce the amount of money that a property owner has to pay toward the injuries. There are many different instances that can occur when you are involved in an accident on someone else’s property. This is why it is a good idea to grasp a firm understanding of the laws before you get involved in a case. To do this, you should speak to an experienced attorney. Call us today at RAWA Law Group for more information.
Official Workers’ Compensation FAQ
If you have been injured and are seeking workers’ compensation or in the middle of a claim, you may have some questions. Now we have answered some of these questions and offer our experience to you to settle your claim. What is a stipulated finding and award? A stipulated finding and award is entered in upon by both sides rather than being imposed by the judge in the judge’s decision. However, the judge must still “approve” of the finding and then it has the same effect as any other trial would when an “award” is reached. In most cases, the biggest circumstance under review in a finding and award deals primarily with the percentage of disability that a plaintiff wants and whether or not they will need further medical care. Due to the stipulated finding and award, the percentage of disability agreed to as well as the number of weeks to be paid are agreed upon. If you find out that you are, in fact, entitled to medical care in the future, you will have to call the insurance company before you receive it. What is a compromise and release? This is a closing of the entire case and the elimination of the need for payments over a period of time. You may consider a compromise and release if you have a right to medical care but choose to pay for it yourself. If you decide to close on this option, then you will typically be compensated for taking care of matters on your own and relieving the insurance company from having to take care of your medical care themselves. The amount of compromise and release is usually more than the amount of disability that you would have received over time. However, what you should remember is that a compromise and release is not always a viable choice. Sometimes, the insurance company will not want to choose this option and you will be left with no choice. Will my settlement affect vocational rehabilitation? No, receiving compensation benefits should not be affected by participating in a vocational rehabilitation program. You may have questions about what vocational rehabilitation entails. Workers are entitled to this type of rehabilitation when they have been injured in the workplace. Some of the benefits include on-the-job training where necessary, transferable skills testing, resume and job application services, interview skills assistance, labor market surveys, job search assistance, counseling, and reasonable accommodation. Depending on your situation, you will find out how much vocational rehabilitation is available to you. Can I get all the money from workers’ compensation and keep the medical open? Theoretically, in some cases you will be able to settle a workers’ compensation case and keep medical open. However, in most cases this is not possible because many claims adjusters will not deal with the risks involved. This is why, if you wish to keep the money from your workers’ comp and keep medical open, you will have to go to trial to make your demands. However, you will be putting trust in the judge’s hands and may not end up with the result you were expecting. What happens if my case is settled? You may have concerns about going in front of the judge for many reasons, or getting “cheated” in your case. You may decide to settle when you weigh your options and decide that the amount of money you would receive is enough to take care of the costs of your accident. You may decide it is not worth losing any more than that. An attorney will be able to help you come to that conclusion and weigh the risks and options. What happens if the insurance company won’t make a reasonable offer? In some cases, you may realistically have to settle because you will not be entitled to more than they have already offered you based on your injuries. However, you can keep attempting to get a better offer through mediation or court if you feel it is in your best interest. If you have been injured in the workplace, you may wonder where to turn. It may seem like you have exhausted all options, but you still have us on your side, fighting for your rights every step of the way. Call us at The RAWA Law Group today for more information on your case.
Common Causes of Trucking Accidents
Every year, many people are involved in trucking accidents, some of which cause injuries and some that don’t. In fact, over the past two decades, the number of truck accidents has increased by 20% and approximately 5,000 people alone died in 2002 from these accidents. You may wonder who is responsible for your trucking accident based on what you saw with your own eyes or what other witnesses saw the day it happened. There may be many people involved in these accidents that could be held liable for your injury compensation. The truth is, there are many laws that govern trucking accidents. Because of these laws, certain standards have been established for the trucking companies, owners, and drivers. If these same people refuse to follow the simple standards, they could lose their ability to drive truck altogether. There are many entities who may be held liable in a trucking accident, such as the actual driver, the owner of the truck, the person who leased the truck, the manufacturer of the truck’s equipment, or the shipper or loader of the truck’s cargo. Liability Liability is something that trucking companies have to watch out for, which is why drivers are trained to drive carefully and avoid hazards. Some trucking companies engage in some sly games to avoid liability no matter the cost. For instance, a trucking company may choose to obtain the necessary permits to operate the truck. The company, however, doesn’t own the tractor, trailer, or necessary equipment. It leases instead under an owner or operator. They also hire independent contractors and not actual employees. If the truck becomes involved in an accident and the company is sued, they will play it off by saying that the driver was not the company’s actual employee and they do not own the equipment in full. The good news is, if a trucking company tries to do this to you if you are suing for injuries, federal laws and regulations stand in as a way to help you. If a truck bears the company’s name, then they instantly become responsible for what happens in many ways. Common Accidents Driver error is one of the most common causes of trucking accidents, which can be caused by drug use, speeding, fatigue, distractions, and more. The Federal Motor Carrier Safety Administration found that action or inaction by drivers was the reason for 88% of crashes. Another reason for these accidents is problems with equipment. Some examples include removing the front brakes, brake failure due to inadequate adjustments, tire blowouts, improper securing of load, defective steering, or improper trailer attachment. Have you been injured in a trucking accident? The trucking industry can be entirely complex, which is why you should have a skilled attorney on your side who has experience with these cases. At RAWA Law Group, we can do just this and get you the compensation you deserve after your accident. We can fight the big-name companies and get to the bottom of who is at fault in your specific case.