Law Offices of David Drexler

Over the past 40 years, the Law Offices of David Drexler has distinguished itself as one of the premier Personal Injury law firms in Los Angeles. We are a full-service law firm that handles virtually all Personal Injury claims. Our commitment to our clients, coupled with over $150 million recovered for our clients, has earned our firm an elite standing in the Southern California legal community. Thank you for considering the Law Offices of David Drexler. Our Attorneys and legal team are friendly, warm and approachable. We will handle your case with the same care and commitment that has changed the lives of – and won justice for – thousands of our personal injury clients for over three decades. http://www.daviddrexlerlaw.com

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Wrongful Police Shootings - What the Law Says

The law is very clear in how it treats police shootings that end in wrongful death or catastrophic injury. 

The U.S. Constitution protects Americans from unwarranted violence, including shootings, from police officers. The rules on when shootings overstep the law are clear. 

The infamous Rodney King beating case (1991) was an example of where the “due process” clause of the 14th Amendment affects how police treat suspects in a crime. Certainly, the police sometimes need to use batons, guns and Tasers to apprehend suspects to bring them before a court. But the police are human beings who often overstep the bounds of their authority. 

For example, in 2012 an individual was shot dead in Anaheim after running from an approaching police officer. The victim was unarmed and not suspected of any particular crime, which led to community protests. 

In large cities, like Los Angeles, so often are suspects shot and killed by police that some Los Angeles personal injury attorneys that practice constitutional law have added wrongful police shootings to their areas of practice.  They call themselves “wrongful police shootings lawyers”. 

A series of Supreme Court rulings before and since Rodney King have established how the 14th Amendment is interpreted: 

What compelled the officer to shoot or     otherwise use force on the individual? If a gun was fired, there needs     to have been a good reason to do so, such as a crime suspect presenting a     danger to the officer or others. 

What connected the officer’s need to     use force and the amount of force he or she actually used? It’s wrong,     for example, when a suspected thief fleeing a crime scene is hit by a     barrage of bullets when the suspect has no weapon, particularly if     apprehension might occur by other means. 

How injured (including fatal injuries)     was the individual as a result of the application of force? A single     bullet wound grazing the leg is considerable less injurious than multiple     shots to the head and torso, leaving the person dead or permanently     disabled. 

Was forced applied in good faith or     was it maliciously and sadistically shot with the intent to inflict harm? For     example, bullets aimed at the legs to reduce a crime suspect’s ability to     run might seem reasonable, but multiple rounds of fire that kill or injure     unnecessarily (e.g., at close range) suggest the officer might have     overstepped his or her bounds of duty. 

This last point, whether or not force was applied in “good faith,” is of course very subjective. When shooting victims and their families seek recourse from the police in a lawsuit, the attorneys representing the family need to conduct an investigation with the help of ballistics and other experts to determine if due process was not served. 

Contact a wrongful shooting lawyer if you or a loved one were the victim of an overzealous or perhaps malicious police officer.

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Car Accidents and Product Failure

Who is responsible in car accidents if product failure is partially to blame? 

California’s pure comparative negligence rule divvies up compensation according to the degree of fault shared by drivers, vehicle manufacturers and auto mechanics. 

For car accidents, California maintains a pure form of the comparative negligence rule in all personal injury cases. This can be complicated when two drivers and a vehicle malfunction cause an accident. This is why if you or a loved one is injured in a car accident, a car accident lawyer should be contacted at the earliest possible time. 

The following different scenarios help illustrate how this works: 

A.      Driver failed to keep the car in good repair, and that vehicle caused 100 percent of the damages – The operator of the vehicle bears full fault.

 B.      Other driver kept car in poor repair, but you drove negligently – The court would need to determine the degree of fault that each party bore. 

C.      Vehicle in poor operating condition, unbeknownst to its driver – Again, the court would need to determine whether the second vehicle’s driver’s negligence caused more or less of the damage, but negligence for the poorly-functioning vehicle would fall to its manufacturer or a car mechanic who improperly serviced the vehicle. 

In a pure comparative negligence rule state, as is California, the responsibility for damages depends on the degree of fault attributed to each party. For example, if you drove through a green light at an intersection over the speed limit just as the other vehicle made a right on red, causing the crash, the court may decide you were 30 percent responsible and the second car was 70 percent responsible. You therefore are entitled to receiving 70 percent of the total damages you claim. 

In the three scenarios above, pure the comparative negligence rule might translate into the following: 

A.      The driver with the poorly maintained vehicle would be responsible for 100 percent of your losses.

B.      If the court determined the other driver’s poorly maintained vehicle was 60 percent at fault, you would be entitled to having 60 percent of your losses covered by him or her.

C.      If the court determined that 90 percent of fault was due to the vehicle malfunction (e.g., the brakes failed), you could collect for 90 percent of your losses. But if the product failure was due to the manufacturer or a car mechanic, you can only recover for economic losses, not pain and suffering. 

Clearly, any car accident can be complicated because partial or full fault must be determined. It is therefore imperative to contact a personal injury law firm that specializes in car accidents at your earliest opportunity – timely attention to the accident may help preserve key evidence that can have significant financial consequence.

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Reasons to Vote "Yes" on Proposition 46

Enacted in 1975, the strict limitations on the amount of money victims of medical malpractice can recover did not prevent the costs of medical care from skyrocketing, as promised by the proponents of the limitations at that time.   

The reality is that the burden of having to pay for the medical care of the tens of thousands of patients who become victims of medical malpractice each and every year has landed squarely the shoulders of everyone except the negligent health care providers. 

Do you ever wonder why there are so many negligent doctors who are getting away with harming and even killing their patients? 

Are you one of the tens of thousands of victims of medical malpractice, yearly, who cannot find a lawyer to represent you in making a valid claim against a health care provider? 

The realities are: 

1)     All medical malpractice claims in California have strict limitations on the amount of money victims can recover no matter how serious the injury.

2)     Those limits have remained unchanged since enacted in 1975, 39 years ago.

3)     As a result of those limits, there has been a growing number of negligent doctors,

4)     You are paying higher health care costs in order to cover the costs of caring for the growing number of patients injured by negligent doctors and

5)     You can’t find a medical malpractice lawyer to prosecute valid claims against negligent physicians because the deck is heavily stacked against patients who become victims of malpractice. 

Because of the monetary limitations imposed in 1975, if you, a child or a loved one is killed, brain damaged or paralyzed by the negligence of a doctor, you will not be fairly compensated. Your maximum recovery will be only $250,000, the same amount as someone with a much less significant injury. The unfair cap does not differentiate between someone who has suffered a catastrophic injury versus a minor injury. 

Medical malpractice cases: 

·         Have strict limitations on the proof required to prove a claim and the damages allowed;

·         Are the most difficult cases to win in Court;

·         Have less than a 20% likelihood of success even in the best of cases;

·         Require an extraordinary amount of work;

·         Are extremely expensive to handle, often costing as much as $100,000 in out of pocket expenses in addition to office overhead.

·         While it is very difficult to find doctors willing to testify against a doctor on behalf of an injured patient, there are always doctors willing to testify on behalf of a doctor no matter how negligent the doctor may have been. 

Vote “YES” on Prop 46. 

A “no” vote on Proposition 46 guarantees that the number of incompetent doctors will continue to grow and that you will continue to bear the cost of treating victims of their malpractice, and, if you or a loved one is ever the victim of medical malpractice, it will be nearly impossible to find an attorney to represent you.

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What does “intentional torts” mean in assault and battery – and how does it affect a damage award in civil cases?

No one should be subjected to violence or the threat of violence. But when it happens, the victim can and should pursue damages in civil court. 

When someone is physically hurt by the intentions of another, it rises to a legal definition that is more serious than if the harm were caused by mere negligence. For example, it’s bad enough if a careless driver injures a pedestrian due to texting while driving – that’s unintentional, technically negligence. But if the driver were an enraged former paramour who meant to hit the pedestrian, it falls under the definition of an “intentional tort.” 

Such injuries and the incident that led to those injuries may involve criminal charges, particularly when the crime was clearly intentional. But regardless of whether it involved criminal charges, regardless if there was a conviction or acquittal, and even regardless if it was negligent or intentional, the victim can pursue compensation in a civil court. 

A “criminal attorney” is a lawyer who defends the perpetrator in criminal court. For the victim to sue the perpetrator in civil court, he or she would hire a personal injury attorney that specializes in intentional torts, such as assault and battery. So often are people intentionally assaulted in large cities like Los Angeles that many Los Angeles personal injury lawyers are marketing themselves as “Los Angeles assault lawyers”. 

What is important to know is that punishment in both criminal and civil courts in California are generally greater when the injuries were done with intent. A criminal court judge may impose sentences involving fines (up to $10,000) and incarceration (six months to four years, the most serious charges for battery or assault with a deadly weapon leading to the latter). The criminal court judge may assess the situation, looking at the suffering and financial losses of the victim and the financial wherewithal of the tortfeasor (the person who committed the wrongful act). From that, the judge has the option to make a punitive damage award, forcing the perpetrator to make payments to the victim.

In civil court, the victim more directly seeks compensation. Of note, civil courts require only a majority of the jury to vote in favor of the victim; in criminal court, the jury must be unanimous. 

But the challenge of intentional tort cases is that the intentions of the wrongdoer are sometimes elusive. The burden on the plaintiff is to prove the following: 

·         There was intent to harm

·         The act occurred and was non-consensual

·         The act was harmful or offensive

·         The act caused injury

·         The injury created a cost in the life of the victim

In California legal circles there is an argument for identifying early in a trial how deep the assets are of the defendant. This would enable plaintiffs to know if the lawsuit would be financially worth pursuing. However, in all courts that official discovery of assets takes place only in the sentencing phase. 

A qualified personal injury attorney with experience in assault and battery lawsuits should be contacted as soon as possible after an incident where harm occurred. Witness and evidence might be available then to help win the case.

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Dog Bites and the Law: Liability Insurance for Dog Owners

Dog Owners Are Advised to Obtain Liability Insurance to Cover Dog Bite Litigation

According to the insurance industry, a third of all homeowner claims involve dog bites. Victims can hire dog bite lawyers – homeowners need insurance. 

Dogs are a part of a family and therefore a part of a home. But because dogs sometimes bite, those bites can add up to expensive litigation and compensation to victims. This is due in part to how those victims are often children and suffer from disfiguring facial wounds. Who can blame them if they hire a personal injury lawyer to sue you? 

Dog-owning families can do several things to protect others from bites – and save themselves from having to hire a defense attorney. It begins with the adoption of the pet, measures they take to avoid bites, and having insurance to cover them if there is a dog attack incident. Here are the specific steps to take: 

Adopt carefully – If adopting a     “rescue/shelter” dog, work with an agency that provides background on the     dog and which will verify that the dog is not dangerous. If adopting a     puppy, work with a veterinarian or animal behaviorist to determine the     propensity of your dog being aggressive and its ability to adapt to your     home (for example, are you able to provide enough exercise to a very     active dog?). 

Neuter and socialize your dog –     Dogs that aren’t neutered are three times more likely to be aggressive and     to bite. Dogs that are accustomed to being around other dogs and other     humans are less likely to get aggressive with strangers. 

Leashes and fences – If you do not     control your dog outside your home, you become liable for any injuries     that might result. Uninvited intruders in your home or yard cannot sue you     if your dog is contained within a fence or in the house. 

Check your homeowners or renters     insurance policy – Dog bite insurance is typically included with most     insurance policies on your home or apartment, with coverage ranging from     $100,000 to $300,000. 

Even though it may seem as if $300,000 of insurance would be sufficient, some dog bite injuries lead to permanent disabilities and disfigurement. If your dog is responsible for such injuries, or you are the victim, a dog bite lawyer can help you better understand your options.

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Assault and Battery: Criminal Versus Civil Action

Assault and battery victims can be compensated for their injuries

A threat of violence is criminal, but actual violence carries greater penalties. Victims might be awarded restitution in criminal court but can also pursue a civil suit. 

The crimes of assault and battery are related but distinct from each other under the California penal code. And while both can be the basis of criminal charges and civil lawsuits, how they are dealt with between those two different justice systems varies.  The District Attorney files criminal charges.  A personal injury lawyer who specializes in assault and battery cases, sometimes called an “assault and battery lawyer”, brings a civil action against the perpetrator on behalf of the victim. 

A primer: 

Assault – This is less a physical act than a threat, sometimes called “attempted battery.” Technically, it’s one person threatening physical violence with the ability to do so, but falling short of actually touching the person. Under California law, the swing of a fist that misses its intended target is assault. 

Battery – Battery is the completion of the intention to assault, such as when the fist makes contact with the victim. But it breaks into subcategories: simple battery can include unwelcome touching; sexual battery is non-consensual contact of any type with intimate body parts (genitalia, breasts, etc.); aggravated battery, which might rise to the level of being a felony because it results in great harm (debilitating injury, disfigurement, etc.).

Note also there is “assault with a deadly weapon,” which includes the threat of violence with or without an actual knife, club or firearm where the threat of serious bodily injury is present. 

Criminal charges and penalties –An assault conviction might result in informal probation, a $1,000 fine, community service and an education program such as anger management classes. 

If convicted of simple battery, the penalties can include probation, six months in jail, a $2,000 fine plus community service and mandatory education designed to stem violent behavior. Aggravated battery can carry up to a full year in jail or, if it rises to the felony level up to four years in state prison and a $10,000 fine. Assault with a deadly weapon can involve up to four years in prison as well, a $10,000 fine, weapon confiscation and victim restitution. 

A quirk of California law is that while an act of battery necessarily implies an assault took place – seconds before the fist struck, for example – sentencing can only be made for one charge. This may allow the attorneys for the defendant to plea bargain for a sentence on the lesser charge, that of assault. 

Civil lawsuits by victims against perpetrators – Victims can do more than depend on the court ordering restitution for the crime that was committed against them. Under some circumstances (when the perpetrator has assets worth pursuing), the responsible party can be taken to civil court in an assault and battery lawsuit, where the victim can recover money to cover losses related to the incident. 

An attorney versed in personal injury would be required to pursue damages in civil court on behalf of the victim.

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What Sexual Harassment Claims Can Arise When Co-Workers Date?

Presently, there are no sex harassment laws in California by statutes (under FEHA, the Fair Employment Housing Act) on the federal level or common law (under stare decisus case law precedence) that prohibit dating between employees of the same company. By the same token, there are no laws that prohibit an employer from having an official policy prohibiting co-worker (or supervisor-supervisee) dating. A consensual dating relationship, therefore, would appear to be legal in the absence of extenuating circumstances. 

However, what would appear to be perfectly legal, when co-workers date, can give rise to liability under certain circumstances – and a situation where a sexual harassment lawyer may become necessary: 

When     that relationship is based on anything other than mutual consent.

Where     the relationship spills over into the workplace creates a hostile work environment     with inappropriate touching, sexual banter and sexually charged verbal     comments.

When     the relationship sours and there is retaliation. When a subordinate, for     example, decides to end a relationship with his or her superior, a hostile     environment may result from the disappointed individual. It becomes sexual     harassment when retaliation occurs and the employer ratifies the     retaliation by firing or harassing the victim.

When     the relationship is a quid pro quo.     This is a Latin term (translation: “this for that”) that can mean getting     hired, or receiving a raise, a promotion or preferred assignments that are     contingent on sexual favors or maintaining a relationship.

When a     romantic advance is refused. If     someone has refused the advances of a superior, then observes a co-worker     who accepted similar advances from the same person who then receives a     promotion or other benefits, it may be the basis of a sexual harassment     claim. The law requires the employee to show substantial evidence of     retaliatory intent following a termination. 

In all instances where the services of a sexual harassment attorney may be warranted, it is beneficial to keep a diary of events and to report complaints with human resources departments when something occurs which feels wrong and appears to constitute inappropriate sexual conduct in the workplace.

Hire an experienced sexual harassment attorney 

Your wages may be lost and your career damaged if you are subject to a hostile work environment relating to inter-company romantic relationships. With skilled legal counsel, those damages can be mitigated with recovery of lost wages and damages due to emotional distress. 

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state.  You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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Medical Malpractice: Hire a Trial Attorney

A large percent of medical malpractice cases are handled out of court. That is, the insurance company for the defendant medical provider will offer a settlement to the plaintiff instead of going through a trial. If the settlement negotiated by the medical malpractice attorney meets the needs of the plaintiff (the injured party), the case is then decided without the time-consuming and costly, emotional experience of a court trial. 

But anyone who has been injured by medical malpractice should work with a personal injury attorney who specializes in medical malpractice and who is skilled in the courtroom, whether or not a trial takes place. Why? The medical malpractice attorney is strongest in all phases of the lawsuit when he or she is able to do each of the following: 

Present     a compelling lawsuit     – The basic matter of proving a case depends on the medical malpractice     attorney’s skills at sourcing expert witnesses, obtaining useful and     powerful testimony in depositions and constructing a case that can     convince both the judge and jury.

Communicate     confidence about going to trial if necessary – When a lawyer files a lawsuit on behalf     of a client, the defendants will immediately investigate that attorney’s     win-loss record in court or if they tend to settle most cases     out-of-court. The size of a pre-trial settlement is often influenced by     this calculation.

Able     to bear the weight of the case     – A simple medical error can affect a patient for life: he or she may have     a lingering physical impairment and ongoing medical costs, he might be     unable to work, and the quality of his life can be significantly impacted.     At least with fair compensation – achieved through the work of a qualified     medical malpractice lawyer – the individual and his family will not suffer     financial hardship as well. 

The facts of all cases differ, of course. Also, the chemistry between the patient and his or her legal counsel has to allow for a good flow of important information between both parties. A confident, trial-experienced personal injury lawyer is often adept at client communications as well.

Search for an experienced medical malpractice trial attorney 

So much rides on the successful outcome of a personal injury medical malpractice lawsuit that finding the most qualified legal representation is paramount. Contact a medical malpractice attorney for a no-obligation meeting to discuss the specifics of your case. 

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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How a Medical Malpractice Attorney Decides to Accept a Case

The practice of medical malpractice law falls under the area of personal injury law and practiced by a personal injury lawyer.  Such attorneys who specialize in medical malpractice also call themselves “medical malpractice attorneys”. 

The ongoing controversy regarding healthcare reform in our country has included intense discussion of medical malpractice.  These debates have hi-lighted a need to better understand both the rudiments, as well as some of the more specific elements of medical malpractice. 

One such element is how the medical malpractice lawyer decides if a potential case has merit.  The decision relies largely on establishing the presence of four specific components. All four of the components must be present in order to successfully execute a medical malpractice case. 

First, it must be established that a legal duty was in existence by two parties and that said duty was owed to the plaintiff by the defendant.  The plaintiff may be the patient, their legally designated party, or a dead patient’s legal administrator.  The defendant is the provider of service and refers not only to doctors, nurses and other allied healthcare professionals, but also medical corporations, managed care companies, hospitals, and clinics. 

Second, it must be firmly established that the above-described duty was breached.  The plaintiff’s attorney will compare what care or treatment the defendant rendered, as compared to the relevant “standard of care” in order to demonstrate that a deviation from the standard occurred.  The standard of care is defined according to testimony from expert medical professionals.   These expert witnesses typically give an account of what the average health care provider of reasonable competence would be expected to do under the same circumstances as in the case under review. Citations of relevant medical malpractice cases may also be submitted as evidence.   

The next element that needs to be established is proving that the breach described in the second element caused an injury, and that this breach of duty was in-fact the cause of said injury. 

The fourth and final component that will help the medical malpractice attorney decide if a potential case has merit is the presence of damages. Financial and/or emotional damages to the plaintiff must be clear and not pre-existing or the claim will not hold up in court.   

The absence of any one of these four elements is a signal to the medical malpractice attorney that the case cannot move forward.   

Understand these basic concepts of medical malpractice will become increasingly important as the healthcare reform debate continues to escalate and become more complex. 

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Note: This article is not intended to provide legal advice upon which you should rely in making any decisions regarding the instituting or prosecuting of a legal claim.  Laws and rules relating to the bringing of a claim vary widely from state to state.  You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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Sexual Orientation, Discrimination and the Law

A personal injury attorney can play a key role in the bringing of claims against an employer who actively or passively discriminates against an employee who is perceived to be gay, lesbian, bisexual or transgender (gender identity). The law prohibits this type of discrimination, even though it happens with frequency. Often it is not the official policy of the company, but rather the actions of middle managers and peers that aren’t prevented and reprimanded by the employer. 

California law also protects individuals against discrimination in housing, based on perceived sexual identity and gender identity. 

To successfully pursue any type of discrimination based on sexual orientation, a gathering of pertinent facts is necessary. All communication and incidents should be recorded and saved along with any other evidence that proves the discrimination. Your own communication with the offending parties is key as well. By engaging a personal injury lawyer who specializes in sexual orientation discrimination cases, you are more likely to have a successful case.

What is sexual orientation discrimination? 

The California Unruh Civil Rights Act amendment to the Fair Employment and Housing Act (FEHA) prohibits discrimination in “all business establishments of every kind whatsoever.” Discrimination is defined by the state as being treated differently or harassed because of real or perceived sexual orientation. In other words, it’s possible a heterosexual would receive this same level of discrimination if he or she is perceived to be gay or because of gender identity (transgender). 

This type of discrimination in employment can take several forms: 

·         Assault

·         Battery (involving physical contact)

·         Defamation

·         Harassment

·         Infliction of emotional distress (intentional or negligent)

·         Interference with an employment contract

·         Invasion of privacy

·         Unequal treatment in recruitment, hiring, job assignments, promotion, compensation and termination

·         Wrongful     termination 

In housing, discrimination on the basis of sexual orientation may include

Different     terms, conditions, or privileges

Falsely     denying availability of a property

Lenders     refusing to provide credit on equal terms 

Because the law clearly ensures employment and housing rights to all individuals regardless of their sexual orientation, infractions are grounds for a civil suit. Contact a personal injury attorney as soon as possible to discuss your case. 

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence. 

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim.  Laws and rules relating to the bringing of a claim vary widely from state to state.  You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

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Establishing Fault in Slip-And-Fall Accidents

Falls due to an uneven sidewalk or a greasy floor can cause serious injury. Negligent building maintenance may be to blame; hire a lawyer to investigate it. 

While pratfalls have been the stuff of slapstick humor for generations, real life slip-and-fall accidents are no joke in real life. The U.S. Bureau of Labor Statistics says that falls on the job account for five percent of workplace fatalities for women and 11 percent for men. Hospital ER visits count eight million due to slip-fall incidents per year, and that five percent of all falls involve a bone fracture. Of note, slip-falls are the single leading cause of lost days from work. 

Whether a slip and fall accident occurs at the work place or public place, it is vital to contact a slip and fall lawyer who specializes in premises liability cases, especially if there is serious injury.  Not all personal injury attorneys handle slip and fall cases and ones that do are also called “premises liability attorneys” or even “trip and fall lawyers”. 

When such accidents occur in the workplace, it is typically easier to identify the cause and know where to place blame thanwhen this type of accident happens in a public place. Regardless of whether a premises is maintained by a private or public entity, tracing the cause of a fall may be a bit more challenging than in the controlled environment of a factory floor or office building. 

Identifying the cause of the accident is very important: It can affect the ability of the injured person to seek compensation for the cost and pain of injuries. Medical expenses (including long-term therapeutic care), lost time from work and chronic pain can significantly impact a person’s life and that of their dependents. The litigation process requires establishing fault for injuries, which is not always easy to do. 

There are at least three key factors that can help the injured party establish that the trip and fall was due to negligence on the part of property owners or managers: 

·         Document the details – The most convincing evidence is where the hazard is plainly evident. If, for example, a walkway was poorly maintained such that a pedestrian could easily catch a foot on an irregular rise or drop in a paver, a judge or jury can see it was a hazardous condition through photos, videos and measurements. 

·         Obtain witness testimony – If there is a person or persons who witnessed the accident, or who knew of property owner negligence in addressing the hazard, this can strengthen your case. 

·         Identify prior complaints –If others previously cited the physical features believed to have caused your accident, it serves to further document that the hazard existed and that your accident was not due to anything you did.

Once fault is established, the slip and fall lawyer working on behalf of the injured individual must then tie the accident to the physical injury and to the costs from that injury. Because establishing fault depends on finding the cause and fault – before the hazard is rectified – it is wise to contact a premises liability lawyer as soon as possible after the accident.

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Dog Bites and the Law: Adoption Organization Liability

Adoption Organizations are Sometimes Responsible for Injury-Causing Dogs

Pet adoption should not require families to end up hiring a dog bite attorney. Transferring agencies are legally responsible for vetting and placing safe dogs. 

As any dog bite lawyer will note, dog attacks and resulting injuries can have a devastating effect on multiple parties. The injured person – many are children ages 5 to 9 years old, with the next most common victims being postal carriers – can of course be physically and psychologically scarred. Owners (some say “human companions”), if different from the victim, may be perplexed at the dog’s behavior and the consequences and be held liable. In some cases the dog itself may be euthanized, even if the attack was an unexpected and unprecedented aberration.  In any case, a personal injury lawyer who specializes in dog bite injuries should be called. 

But the shelter or adoption agency that supplied the pet can be held responsible as well. While the vast majority of such organizations – technically known as transferors – are staffed with sincere and well-trained employees and volunteers, mistakes are sometimes made in their adoption procedures that lead to dog attack injuries. Reputable, financially stable and well-managed organizations carry liability insurance to cover such instances, but they (and their trial lawyer) have a better defense if they do the following: 

Establish transferring agent status –     on paper. The adoption agency should not technically “own” the dog,     but instead write up a receipt for all received dogs that defines the     agency as a bailee or temporary caretaker. 

Quiz previous owners and caretakers.     Inquire of the former dog owners about past behaviors and relative     dangerousness of the animal, in addition to other matters of health and     wellbeing. Ideally, have an intake form that records this information as     the dog is received. 

Communicate what you know to adoptive     families. Share, in writing, the information about the dog’s behavior,     as observed and gathered from previous owners, with the adoptive new     owners. Dogs with a known history of dangerous behaviors should be     declared and the adoptive family should be warned. 

The Centers for Disease Control and Prevention reports that approximately 4.7 million people receive dog bites every year, about 800,000 of whom require medical treatment. In the U.S., 16 people die annually from dog bite attacks. 

If you, a loved one or a third party was severely injured by a dog bite after adopting the dog in good faith, particularly if you were not advised of past violent or aggressive behavior by the dog, contact a personal injury attorney (particularly if they are experienced as dog bite lawyers) to discuss your case.

[daviddrexlerlaw-blog]

Sexual Harassment: A FAQ, Part 2

Sexual abuse lawsuits, filed by a personal injury attorney who specializes in sexual harassment cases, could have serious consequences and should not be taken lightly.  Settlements and verdicts have known to be large, reflecting what society views as the seriousness of the offense. That makes it vital to perform your due diligence when selecting a sexual harassment attorney.

How do you define “sexual harassment”? 

Sexual harassment is undesired visual, verbal, and/or physical sexual contact, and can be divided into two categories: 1) Quid pro quo and 2) hostile working environment.  “Quid pro quo” is a Latin phrase which can be understood as “this for that”, or “What for what”. When an employee is expected to allow sexual harassment in return for getting hired, continued employment, promotion, in order to get a raise or to hide the improper conduct of a employee, the harassment falls into this first category.  The second category, a hostile working environment is created when the undesired visual, verbal, or physical sexual contact happens on a regular basis. 

Will a sexual harassment attorney take a case that does not involve harassment that happened in the workplace? 

Yes. The most common kind of sexual harassment cases are in an employment setting, but there are several other business professions and social service relationships specifically named in California Civil law (section 51.9) as being liable for sexual harassment such as, but not limited to: 

·         Physicians and dentists

·         Psychotherapists, social workers, and teachers

·         Real estate agents or real estate appraisers

·         Bankers and trust officers,

·         Financial planners and loan officers

·         Escrow loan officers and collection service agents

·         Executors and trustees

·         Notary public or administrator

·         Landlord or property manager

·         Building contractors

·         And any relationship that is substantially similar to any of the above and any relationship where the plaintiff has the inability or extreme difficulty or hardship terminating the contract or relationship. 

An important client who visits our company gives me back rubs even though I have asked him to stop.  I am afraid to report him because he is one of our biggest accounts. 

You are legally protected in the workplace against sexual harassment not only from co-workers but also salespersons, clients, service personnel, vendors, and patients.  You should immediately follow your company's grievance policy and contact a sexual harassment attorney to find out what your rights are and what the time limit is (statute of limitations) for the bringing of a claim in the state you live in. 

There is a general climate of harassment and hostility towards women at my job.  Can a sexual harassment attorney help with this? 

Yes.  Even if the offensive behavior is not directed at any one specific individual, a sexual harassment attorney will look at the facts and decide if the workplace climate meets the criteria for being severe and pervasive enough to warrant a viable sexual harassment claim. 

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim.  Laws and rules relating to the bringing of a claim vary widely from state to state.  You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

[daviddrexlerlaw-blog]

Sexual Harassment: A FAQ, Part 1

The potential legal damages that can come about as a result of sexual harassment on the job reflect the seriousness of the offense.  An experienced personal injury lawyer who specializes in sexual harassment – known also as a sexual harassment attorney – will be able to file a claim on your behalf and, if necessary, take the case to trial. 

Can asking a co-worker out on a date be considered sexual harassment?

The answer is typically “no” unless after being turned down one is persistent, retaliatory, or otherwise offensive or abusive. 

A same-sex co-worker is sexually harassing me.  Will my claim be taken seriously? 

Yes.  Legislation protecting workers against sexual harassment applies equally to males and females, regardless of the sex of the victim or the harasser and regardless of the sexual orientation of the victim or the harasser. 

Can I lose my job, be demoted or otherwise retaliated against for making sexual harassment charges against my boss? 

It is your employer's responsibility under both state and federal law to provide a workplace that is not only safe from physical injury, but also free from the emotional trauma that can result from severe and or prolonged sexual harassment.  To that end, it is illegal for an employer to retaliate in any way against an employee who truthfully reports a sexual abuse occurrence.  If an employee does experience adverse consequences because they brought forth such a claim, the employee would be well within their rights to seek additional damages against that employer. 

I want to sue my company over my sexual harassment case.  Should I quit my job first and then sue? 

No. You do not have to quit in order to file a claim. Do not wait to contact a sex harassment lawyer for advice as to what you should do. 

Is sexual harassment as common today as it was in the past? 

Exact numbers of incidents are difficult to discern simply because many events go unreported.  Over the years there has been an effort for greater education and awareness about sexual abuse prevention starting in schools and extending into the workplace. Still, sexual harassment attorneys handle several thousands of cases every year. 

Will a sexual harassment attorney usually take a sex harassment case to trial? 

No. Most cases settle out of court. Oftentimes, however, it is necessary to take the case to trial.  In that event, it is vital, when choosing your attorney, to select a personal injury attorney who specializes in sexual abuse cases and who has experience in the courtroom.  Too many attorneys nowadays are able to make a career out of gaining settlements that benefit the attorney and not necessarily the client because they have no courtroom experience. 

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

Note: This article is not intended to provide legal advice upon which you should rely in making any decisions regarding the instituting or prosecuting of a legal claim.  Laws and rules relating to the bringing of a claim vary widely from state to state.  You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

[daviddrexlerlaw-blog]

Don't Allow Your Attorney to Force a Settlement - It Could Be Legal Malpractice

If you agree to a settlement you may lose the right to sue your attorney for malpractice.  If you believe your attorney has committed malpractice, speak to a legal malpractice lawyer before agreeing to a settlement. 

Quite often, a client will follow the advice of a lawyer to the letter. But lawyers sometimes make mistakes, acting out of negligence or conflicting self-interest. In such cases as with divorce or personal injury, that can lead to unsatisfactory results that can cost a client hundreds of thousands of dollars.  When that happens, it could be deemed legal malpractice. 

Attorney negligence can happen in many such cases for a variety of reasons: 

·       Impatience. When a personal injury lawyer is paid on a contingency basis, as it happens in personal injury cases, he or she may not wish to prolong the lawsuit and might bias his advice toward settling. This can also be attractive to the plaintiff from a timing standpoint. But if that settlement leaves a physically injured party with an inadequate amount of money for long-term healthcare, it would have been prudent for the attorney to have advised the client of that risk.  To not have advised the client may have been a breach of the attorney’s fiduciary duty.

·       Fatigue. It is legal malpractice if an attorney simply decides he or she is tired of the case, or the client or the process, such that they press for an inadequate settlement. This might happen before enough is known about the defendant’s available assets, as it happens in some divorce cases. And it is a tool of insurance companies and their clients to wear down a plaintiff with delays, then offer insubstantial settlements.

·       Error. It is possible the attorney or an expert witness hired by the attorney could make a mathematical mistake, such as undervaluing shared marital assets in a divorce settlement, or the projected future cost of living in a debilitating personal injury or medical malpractice case. 

If you believe that any of these factors are present – particularly if your lawyer is putting pressure on you to settle while you feel that the settlement being offered is insubstantial – do not agree to a settlement and do not sign any settlement documents.

When to contact a legal malpractice attorney      

A poor settlement decision is almost always irreversible. If you believe that your lawyer is putting undue pressure on you to settle a case prematurely, you have very right to refuse to sign settlement documents. The law states that a client may not sue for legal malpractice after agreeing to a settlement. If you sign a settlement document, it can preclude you from suing later for legal malpractice. 

If you believe that your attorney is forcing you to settle a case against your interests, consult with a legal malpractice attorney – before you agree to the settlement in question. 

Asking a second attorney to independently examine the case and offered settlement is similar to getting a second medical opinion. It’s ethical, it’s fair – and it helps you achieve your best possible outcome. 

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence. 

Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim.  Laws and rules relating to the bringing of a claim vary widely from state to state.  You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

[daviddrexlerlaw-blog]

Does a Personal Injury Attorney’s Trial Record Affect a Case?

Insurance companies and their representatives know which personal injury attorneys have a proven record of winning at trial and those who do not. It is believed that insurance companies pay larger settlements to attorneys who they know are capable of successfully winning a case at trial. A personal injury attorney who lacks experience is often intimidated by insurance company attorneys and may often try to settle for an amount that is less than the case is worth in order to get the case settled.

While achieving a quick settlement is always a desired goal, it is often not in the best interest of the client. It is often necessary to go to trial in order to secure the best results. Remember, having an experienced trial attorney with a proven record of success in your corner means that you can expect the best possible results in and out of the courtroom.

While too many other personal injury attorneys pretend to provide full legal services for their personal injury clients, they are often ill equipped to go to trial if necessary. A fast-talking lawyer, who boasts of past successes, or assures a big dollar win when enticing prospective clients to sign retainer agreements may actually lack the ability or resources to take a case to trial when the insurance company’s offer is unreasonably low and unfair.

A personal injury attorney who lacks trial experience and does not have a proven track record of success in trial will likely try to settle cases with for a lower amount to avoid trial at all costs. The insurance companies and the defense attorneys, who vigorously oppose personal injury claims, know who these lawyers settle cheap are and only authorize minimal settlement offers to those less qualified lawyers and the clients they represent.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.

[daviddrexlerlaw-blog]

Medical Malpractice and Tort Reform

Political debates, television news, and radio sound bites regarding healthcare and medical malpractice reform commonly use the phrase “tort reform”, but seldom provide any in-depth information about what tort reform is or what it entails.  

The simple definition of the word ”tort” is injury or wrongful act.  To be more specific, a tort has been committed when physical, emotional, or financial injury has been caused against another party, regardless of the act being intentional or unintentional.  When a tort is committed against a medical patient, the injured party has the legal right to hire a medical malpractice attorney to bring suit against the perpetrator for damages.

Medical malpractice, and medical negligence are just two broad category examples of torts.  Tort reform measures were enacted in California in the 1970s due to a jump in the cost of medical malpractice insurance.  Caps were placed on victim's compensation, and limits on the contingency fees of personal injury attorneys were also instituted.

Tort reform refers to the idea that laws should be passed by a state or federal government to limit the amount and/or type of awards that are given to an injured party.  The innocuous sounding phrase of “reform” actually amounts to decreasing the rights a person has to seek fair compensation for a civil wrong.  Applying a statute of limitations on the amount of time that one has to file a medial malpractice claim is the most commonly known example of tort reform.  Another example is dollar amount limits that have been put in place to limit the amount of damage awards.

So-called “reform” places limits on the amount of responsibility that the negligent or wrongdoer must legally bear.  And who are the strongest supporters of tort reform? Large companies and insurance corporations.

R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.