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

The Ugly Side Of Senior Care

While the vast majority of homes and individuals that care for senior citizens have the best interests of their patients and tenants at heart there is a dark side of senior care that people don't like to talk about. Roughly 9.5% of the senior population in the United States experiences some sort of abuse. The most common forms of abuse are manipulation, physical abuse, sexual assault, neglect, financial abuse, and emotional abuse. While most abusers are caught quickly some get away with long term elderly abuse. Recognizing the signs of abuse can help caretakers and loved ones catch and stop these abhorrent acts. Those who've placed loved ones in the care of others should ask plenty of questions before leaving anyone in the care of another. Discuss policies, the hiring and monitoring process, and of course ask for information about senior abuse. The internet is also an excellent way to educate oneself. Use it to read reviews and obtain information about a particular individual or home.

Elderly Abuse Statistics

Knowing what types of elderly abuse exists, how often it occurs, and who is victimized can be very helpful in identifying and stopping problems. Over 2 million seniors are abused each year. Sometimes this abuse is at the hands of a family member, other times the elderly are victimized by those whom are supposed to be administering them care. The most common form of elderly abuse is neglect with and over 58% of abuse victims are subjected to this form of abuse. There are many forms of neglect and loved ones/caretakers should look for undernourishment, dehydration, the need for a bath/shower, and unused prescription medicine. Interestingly enough Caucasians are abused more frequently than any other ethnicity as are elderly women. Both of these groups make up more than 60% of abuse victims.

What To Do When You Discover Abuse

Individuals may find themselves stunned and at a loss for words when they discover a loved one is being abused. Others will find themselves angry and frustrated at not only the abuse but in not knowing how to proceed. Regardless of how someone may feel upon discovering abuse it behooves them to act swiftly. Waiting can result in further abuse, trouble with litigation, and even death. Abuse should first be reported to a caretaker's employer and police should be notified as well. After those two important steps have been handled caretakers and loved ones should contact an attorney. This preemptive move makes possible future litigation much easier and can shield victims and their loved ones from intimidation tactics, bullying, threats, and bribes. Stopping abuse includes holding not just perpetrators responsible for their actions but their employers, insurance companies, and all complicit persons as well.

Stop Elder Abuse

The Most Common Types Of Work Place Injuries

Employees are injured on the job with a high rate of frequency. Injuries occur at all manners of jobs be them physically intensive or those inside of offices. One might erroneously believe that the majority of work place injuries result in physical injuries though this isn't true. Many of the injuries sustained by employees are psychological/mental which can cause ongoing grief and suffering.

Overexertion

Above all other types of injuries sustained at work, overexertion is the most frequent. Overexertion is defined as injury caused by holding, carrying, pushing, pulling, and lifting activities at a job. There are instances too where physical and mental exhaustion are included under the overexertion umbrella.

Caution Wet Floor

The second most frequent type of personal injury sustained at work deals with slips and falls. Some employers may put out wet floor signs while others may not. In either case employees that slip and/or fall on wet surfaces likely have a case based on negligent or irresponsible behavior. Slips and falls are not relegated to only those that occur inside of an office or job site but those that happen in parking structures, walkways, elevators, stairwells, etc. Falls and slips can also occur from roofs, ladders, and even include reactionary injuries that occur when someone trips or slips but does not fall.

The Sky Is Falling

A great deal of employees sustain injury when they are struck by falling objects. Employers whose negligence results in a falling object will be held responsible for any injuries those objects cause. Employees and their attorneys need only to demonstrate that it was the employer and not the employee's behavior that caused something to fall from above.

Moving Objects

Not surprisingly moving objects cause nearly as many workplace injuries as do falling objects. Employees working on an assembly line, working with heavy machinery, and in jobs where other employees transport merchandise from one location to another are at great risk of being hurt by moving objects. In many cases these injuries stem from negligence of some sort, usually on the part of the employer.

On The Road

Persons whose job includes driving are at great risk of personal injury. Driving is dangerous and there are always irresponsible people on the road with a company's employees. Other times company vehicles may not be cared for or repaired properly resulting in employee injury.

Workplace Violence

Anyone who has held a job knows all to well that workplace politics and disagreements can escalate quickly with some resulting in physical assault. While co-workers can be held responsible for their dubious behavior so can employers who didn't do enough to either quell a dispute or keep it from happening altogether.

Involving An Attorney

Victims of workplace injuries tend to brush their injuries off as insignificant either out of pride or fear of losing their job. It's a good idea however for anyone who's sustained an injury at work to at the very least speak with an attorney. More often than not employees don't realize they are entitled to compensation and have a tremendous amount of rights. Even if one does not wish to litigate their injury a personal injury lawyer can protect victims from an employers threats.

Personal Injuries And Children

When the subject of personal injury is broached, the majority of the time people think of adults hurt in public, victims of physical violence, and those hurt while working. While personal injury is largely associated with adults children sustain injury more often than anyone would like to admit. Children can be hurt while playing at school, by other children, can be victims of abuse, or sustain injury as a result of negligence. Parents whose children sustain injury are often angry, confused, and left feeling helpless. Fortunately parents and other care takers have a great deal of rights and can pursue litigation.

He/She Who Hesitates Is Lost

When dealing with personal injury and children it's in the best interest of parents and guardians to act quickly. Those whom want to pursue litigation should seek legal help as soon as possible. Waiting can not only complicate matters but the justice system looks unfavorably on those who file lawsuits weeks and months after their children are injured. There is no shortage of personal injury attorneys anywhere in the United States and the Internet makes it very easy to find a reputable one. Parents and caregivers may find looking for an attorney an arduous task when their child is hurting or even hospitalized but it behooves such persons to speak with a personal injury attorney as soon as possible.

Injuries To Children

It seems as though children get hurt every day and while many childhood injuries are self inflicted or the result of haphazard behavior serious personal injury is often the result of a negligent or abusive adult, dangerous toys, faulty playground equipment, etc. All of the aforementioned are candidates for litigation and pursuing a lawsuit can help parents and guardians pay for medical bills, recoup lost wages, pay for counseling, and much more. Litigation can also help both parents and children move on with their lives as it ensures that those responsible for a child's injuries are held accountable. Personal injury involving children isn't much different than it is when adults are involved though parents with questions are strongly encouraged to contact a personal injury attorney. Most offer free consultations and may be willing to work with families who are unable to pay upfront.