New California Laws For 2016

New laws are enacted at the beginning of each new year. Some years see fewer laws implemented than others but it's important for residents of the golden state to be in the know regarding these laws regardless of how many new laws start up. Remaining ignorant can result in fines, jail time, embarrassment, and even illness. Here is a list of new laws every California resident needs to be aware of.

Vaccinations

After a measles outbreak at Disneyland of all places, California Governor Jerry Brown began pushing for legislation that would require all school children to be vaccinated. As of January 1st 2016 children must be current and fully vaccinated before they will be allowed to attend school.

A Matter Of Privacy

Privacy has always been a hot button for citizens of California and things got even hotter in 2015 when "SB 178" was made law. This law requires law enforcement to obtain a search warrant before they can seize or search texts, emails, internet history, or any other type of digital data.

Protecting Grocery Workers

"AB 359" is a new law that protects grocery workers from being terminated within 90 days of a buyout, merger, or when their store undergoes a change of ownership. This new law also encourages stores to keep workers on past the initial 90 days. Workers can still be dismissed inside of 90 days for performance related issues however.

Graduating High School

California once required high school seniors to take and pass a proficiency exam before receiving their diploma. Seniors who passed their classes and had enough credits to graduate but failed this test were denied graduation. A new law named "SB 172" does away with this test and is also retroactive as far back as 2004.

Attorneys in Orange County

Class Action Lawsuits

Class action lawsuits almost always seem like a good idea on paper and in thought. In reality however class action lawsuits are often useless or result in pyrrhic victories. Moreover these lawsuits can last years, sometimes longer and the payouts for victims are often insignificant. As such many attorneys and those who want to litigate give pause to consider all of the pros and cons of class action lawsuits.

The Pros

Cost - The financial cost of litigation often keeps victims from pursuing or following through with a lawsuit. The cots of a class action lawsuit are split evenly between the class members. Moreover this type of litigation costs these persons nothing up front and then pay only if their attorney wins or settles the case.

Strength In Numbers - Large numbers of people, especially angry victims, is intimidating. With a large group of people behind or supporting a lawsuit companies and attorneys are often happy to settle out of court quickly.

Extended Limitations - In a class action lawsuit, plaintiffs are given a great deal more time to join and take part in the lawsuit. This is a fantastic work around for the Statute of Limitations.

Higher Chance Of Payout - In class action lawsuits plaintiffs are more likely to receive compensation and receive it quickly, even if it's a smaller amount. This is because payouts are often more manageable for defendants.

The Cons

Not Your Call - In class action lawsuits only the representing attorney has the power to make decisions regarding the lawsuit. Some find this lack of control frustrating.

Patience, Patience, Patience - Generally speaking class action lawsuits take far longer to complete than do private lawsuits. Plaintiff’s may have to wait years before a verdict is reached and even longer before they receive any compensation.

Pain And Suffering? - Class action lawsuits do not allow plaintiff’s to sue for additional damages such as pain and suffering. Furthermore compensation is often limited to rebates and at best, financial damages.

No Private Claims Allowed - If a class action lawsuit is unsuccessful the individuals involved are prohibited from filing personal lawsuits. This often causes more hesitation amongst victims than anything else.

Personal Injury Attorney Orange County

Victims Of Drunk Driving

Drunk driving is not only dangerous because it puts the life of the driver at risk but everyone else on the road and pedestrians as well. Drunk driving is considered an act of negligence and therefore victims and surviving family members are entitled to both justice and compensation under the law. Many victims and surviving family members however forgo both only because they want to move on with their life and sometimes simply don't believe they can bear the emotional and psychological strains that litigation carries.

Who Is Protected Under The Law?

Although most victims of drunk driving are well aware of their right to litigation and seek compensation for their pain and suffering, many surviving loved ones are unsure as to what they are and aren't entitled to. Educating themselves can be downright impossible when they're dealing with the death of a loved one however and so many go away quietly allowing culpable parties to escape justice. The deceased have no way of defending themselves and so the law gives that ability to surviving family members and care givers. Anyone who's lost a loved one to a drunk driver can and should pursue both justice and compensation. Not only does compensation help pay for funeral costs and for the time one must spend away from daily life grieving but bringing an irresponsible party to justice can provide peace of mind and can help a family move on as well.

Pedestrians And Drivers

Drunk driving kills both other drivers as well as pedestrians. Those whom remain on the fence regarding litigation because they or their loved ones were walking, riding a bicycle, or other personal transport device will be happy to know they too are protected by the law. No matter what method of locomotion a person was using when they were injured or killed by a drunk driver, the onus remains on the driver. Anyone who finds themselves contemplating a lawsuit but can't shake their apprehensions should speak with a personal injury attorney. These lawyers can provide peace of mind and can help victims and their loved ones move forward with information and confidence.

Personal Injury Attorney Orange County

Medical Malpractice Or Unfortunate Outcome?

Medical malpractice is much more common than it should be and many victims consider bringing litigation against those responsible for their suffering. The distinction between malpractice and an unfortunate outcome however can be very difficult to determine as the two often look very similar. Those considering a lawsuit often loose confidence when they start trying to determine what type of outcome they or their loved ones received. When a hospital visit or advice from a physician causes harm or appears to, individuals will often find themselves overwhelmed with anger and the need for justice. Remaining dispassionate and rational however can help people determine whether or not they are actually victims of medical practice.

The Burden Of Proof

Those who believe they are victims of malpractice must always remember that the burden of proof lies on the shoulders of the person making the positive claim. They and their personal injury attorney must demonstrate beyond a reasonable doubt that medical malpractice actually occurred. Hospitals, doctors, and practices are not required to prove it did not happen. Being able to produce evidence is a big step towards showing that the end result of medical care was a result of malpractice and not just an unwanted outcome. Fortunately the vast majority of attorneys won’t take a case to court without evidence and will inform their clients of the futility of proceeding without this.

Unwanted Outcomes

So what constitutes as an unwanted outcome? There are many different types of scenarios that can end badly simply because a patient was too weak, too unhealthy, or sought care too late. While survivors and surviving family members may feel as though a doctor, hospital, or practice is to blame, proving that to be the case is extremely difficult simply because in most case there is no one to blame. Elderly patients whom die or suffer physical setbacks following medical care or treatment often do so because their bodies were old and frail. Those who are hesitant in seeking out medical care must shoulder the responsibility when the efficacy of treatments or care are lessened because they waited too long. There are also those times where medication, surgery, care, etc just don’t work. Modern medicine isn’t perfect and certainly isn’t a panacea.

Orange County Attorney at Gokal Law