He Backed-Up And Collided With My Car

CASE ANALYSIS OF COLLISION CAUSED BY CAR BACKING UP

FACTS OF THE CASE:

Plaintiff was driving her SUV northbound in an alley at a speed no more than fifteen miles per hour. Defendant, driving a sports sedan, backed out of his private garage and into the alley. Plaintiff had no time to stop and was struck by the right rear of Defendant’s vehicle. Plaintiff sustained injuries as a result of this collision and sought medical care as outlined below.

car-accident-specialists

LIABILITY

Plaintiff was traveling under the fifteen mile per hour speed limit and was already slowing down approaching the avenue which was only two properties away from the end of the block. Plaintiff’s view was obstructed by the wall of the garage from which Defendant was backing from. It is the duty of the driver that is coming from a private garage to make sure to yield the right of way and that it is safe before entering the road, as stated in Cal. Vehicle Code §21804(a), failure to “yield the right of way” from an alley and §22106, unsafe backing.

NATURE AND EXTENT OF DAMAGES

Plaintiff suffered trauma to her head, neck and upper and mid-back pain as a result of this collision. Her head injury resulted in constant throbbing headaches with dizziness. Following the accident she sought treatment from a doctor. Based on said diagnoses, Plaintiff received physical therapy.

Due to Plaintiff’s complaints of dizziness and headaches she was referred by her doctor to a neurologist. He diagnosed Plaintiff with post traumatic dizziness and headaches, cervical sprain, and dorsolumbar sprain. He ordered an MRI of the C-Spine as well as electrodiagnostic studies which was very painful for Plaintiff. Plaintiff returned several months later for re-examination by her doctor and still complained of a number eight out of ten on a pain scale.

RESIDUAL PAIN AND FUTURE MEDICAL BILLS

Plaintiff is still suffering from neck pain as well as recurring headaches and dizziness. She is unable to sit at her computer for prolonged periods. Additionally, Plaintiff is no longer able to babysit her grandchildren. Driving for prolonged periods and performing simple household tasks are still difficult and painful. Plaintiff will follow up an Orthopedic Specialist, for her residual symptoms.

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

I Was Struck By A Car As I Was Walking. What Are My Remedies?

PEDESTRIAN HIT CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff entered a parking lot with her vehicle. Plaintiff parked the car in the parking lot and proceeded to retrieve an item from her trunk. Once she was at her trunk and facing toward the front of her vehicle, she was struck by another vehicle. The other vehicle was driven by Defendant. Defendant was exiting a parking space from within the same parking lot and reversed directly into Plaintiff. The vehicle struck both of Plaintiff’s knees and pinned them in between the two vehicles. Plaintiff believes Defendant exited a parking space approximately five car lengths from the point of impact, thereby allowing Defendant’s car to pick up speed. Plaintiff was in immediate excruciating pain. The fire department and ambulance arrived and took her to the emergency room. Plaintiff suffered significant injuries to both of her knees.

  Pedestrian Hit by car

 LIABILITY

Plaintiff was a negligent free pedestrian at the time of the accident. Defendant backed into Plaintiff as she was standing at the rear of her stopped vehicle. In Plaintiff’s follow up with a doctor, and he advised her that the MRI revealed a tear of the anterior cruciate ligament and that the menisci were normal. An intermediate grade tear of the proximal fibular collateral ligament was noted as well. There was also micro fracture edema seen in the distal femoral meta epiphysis. The doctor noted that limited extension capability persisted to her right knee. Due to her continued pain and lack of ability to flex her right knee, Plaintiff selected a renown orthopedic surgeon and was advised that the MRI further demonstrates a right knee ACL tear.

PSYCHOLOGICAL IMPACT

This accident took a significant toll on Plaintiff and her family.

RESIDUAL PAIN AND FUTURE TREATMENT

As indicated above, Plaintiff still experiences pain to her knee on a daily basis when going up and down the stairs and when walking for more than a few blocks. Future surgery to the right knee is likely.

multi-million dollar company

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

“I Was Hit In A Rear-End Collision”

Rear-End Collision Photo

FACTS OF THE CASE:

Plaintiff was driving his Lexus four door sedan eastbound. Plaintiff was slowing down for traffic and was travelling approximately five miles per hour. Defendant was driving a Los Angeles City Department of Transportation owned Ford truck and rear-ended Plaintiff’s vehicle causing injuries to Plaintiff.

LIABILITY:

This is a rear-end collision accident. Defendant struck Plaintiff’s vehicle in the rear. Liability is clear-cut in this case and Defendant is one hundred percent liable.

 

rear-end collsion pic 2

NATURE AND EXTENT OF DAMAGES:

Plaintiff  suffered trauma to his head, neck and low-back as a result of this rear-end collision. Following the accident he sought treatment from a doctor, and his diagnostic impressions were: Cervicocranial syndrome, cervical neuralgia, cervical spine sprain, lumbar plexis disorder, lumbago, and lumbosacral sprain. .

After the accident, Plaintiff was unable to carry on with his normal lifestyle. Prior to the accident Plaintiff jogged and played basketball several times a week and due to the accident Plaintiff had to seize these activities. Even after physical therapy was completed, Plaintiff never got back to his usual exercise routine. Currently, Plaintiff still has neck and low back pain radiating into the legs. He intends to follow up with an Orthopedic Doctor for further evaluation and treatment.

CONCLUSION:

This case was settled out of court, and the client got the money they deserved!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

Explaining The Writ Of Habeas Corpus

Writ of Habeas Corpus definition

Definition of writ of Habeas Corpus

The writ of Habeas Corpus is one of the most powerful forms of law that is applicable in our country. It is an ancient common law prerogative writ, as it is a legal procedure, for which every citizen in the country has a right. A court has the power, or rather it is the duty of the court, to issue the Extraordinary Writ of Habeas Corpus. It is applied in cases where a person has been restraining the liberty of another person.

The person who is restraining the liberty of another person by keeping him in custody will have to answer to the court, the reasons for doing so. If the person is unable to provide sufficient details regarding the custody, then the court is bound by duty to order the release of the person in custody.

The writ of Habeas Corpus definition

The writ of Habeas Corpus is one of the most powerful and fundamental part of the American and all other English common law derivative systems of jurisprudence. It is a peaceful method of negotiating with a person who is in control of the liberty of another. The writ of Habeas Corpus has its roots in the British common law, and to study the history of the Habeas Corpus and to know more about it, it is necessary to understand a little bit of history.

legal right to custody

Habeas Corpus definition

Uses of writ of Habeas Corpus

The writ of Habeas Corpus is usually used when a child is being wrongfully kept in custody by one of the parents. When the other parent decides to change this, he or she can then approach the court with a writ of Habeas Corpus. It needs to be noted that a writ of Habeas Corpus cannot be brought to modify the custody of the person.

Not everyone can bring a writ of Habeas Corpus in a court of law. It should be a person who has legal right to custody of the child or children who are in custody. In certain cases were the legal custodian has been proved to be unfit by clear and satisfactory evidence, the court can grant custody to someone other than the legal custodian.

The writ of Habeas Corpus definition can prove to be a tough nut to crack if you are not aware of certain other legal definitions.

Some Info On Auto Accident Personal Injury Settlements

San Bernardino personal injury attorney

San Bernardino lawyers

Auto accidents are a common occurrence in today’s world. You cannot open a newspaper without chancing to read a story about a gruesome accident that occurred the day before. With the increase in the number of accidents, the numbers of settlements that are made have also gone up in recent years. It needs to be noted that settlements are financial packages that the victims will receive from the offending driver.

In most cases, the offending driver will not be required to pay this sum of money from his or her pocket, as their insurance company will be liable to pay off in such cases. Also, the settlements are handled outside courts with no legal entanglements to lengthen the process. It does not matter whether you have a foolproof case, but if you lawyer is incompetent, it will result in you getting a lower sum of money. So, it is very important to consult the best attorney to achieve the best results. There is many a San Bernardino personal injury attorney that you can hire, but make sure that you select the right one.

Statute of limitations

You and your lawyer will have sufficient time to decide whether to file a legal action against the offending driver. However, you will have to decide this within a certain time frame, known as the statute of limitations. This statute of limitations is different for different states, and it would be wise to ask your attorney about it beforehand, so that you will be able to take a decision based on that.

amount of settlement

personal injury attorneys

Attorney fees

Attorneys usually extract a percentage of the settlement, if there are settlements involved in the case. This percentage can range anywhere between 30 to 45 percent. If the amount of settlement involved is less, it is better to have your insurance company handle the matter, as you will not be losing any more money by paying the attorney’s fees. For this, you will have to calculate the total losses that you have suffered as a result of the accident.

Find a San Bernardino personal injury attorney who is competitive, and knowledgeable in this area of work, but then you can also consult a lawyer who is experienced in working such personal injury cases. This will enhance the chances of you winning the case, and of course will improve the amount of money that you will receive as settlements.

Sexual Harassment Laws In Los Angeles

Los Angeles sexual harassment lawyer

Sexual harassment lawyer in Los Angeles

Going for work may seem like a living hell in an office where the employer allows sexual harassment. If you have been victim to such behavior that may include suggestive gestures, off-color jokes or other actions, then you have to report such conduct to either your supervisor or the Human Resources department. No individual has to under any situation endure such behavior. But if reporting does not stop such behavior, then you should avail the services of Los Angeles sexual harassment lawyer. They can help you recover damages for any wages lost as well as any emotional suffering and other benefits.

How is sexual harassment defined?

Even though in majority of the sexual harassment cases, women are the victims, it does not necessarily have to be so; men can also be victim to such behavior. Either sexual harassment can be defined as harassing behavior by supervisors, clients, customers or co-workers and can be quid pro quo offers of employment in exchange for sex or it can be actions intended to humiliate the victim. Sexual harassment in short is a form of sex discrimination and can involve any of the behavior listed below-

  • Unnecessary sexual advances
  • Making sexual gestures
  • Making threats after rejecting sexual advances
  • Employment offers in return for sexual favors
  • Displaying suggestive pictures, posters, cartoons or objects
  • Passing derogatory comments, jokes or slurs including conduct that can be considered as gender discrimination
  • Making sexual propositions or advances verbally
  • Threatening to make verbal abuse that are sexual in nature
  • Unwanted touching, impeding, leering or blocking movements
  • Treating female workers with a hostile attitude because of their gender

The law identifies sexual harassment of two types as given below.

Quid pro quo harassment

This type of harassment is said to occur when a manager or a supervisor demands sexual favors in exchange for employment.

Sexual harassment defined

Hire a Sexual harassment lawyer

Hostile work environment

When an employer deliberately permits an offensive, hostile, intimidating or oppressive work environment based on sexual favors to persist despite knowing that such an environment affects the employee emotionally and affects his/her ability to work and that it affects their quality of work.

If you have been the target to such unfair sexual behavior, then avail the services of an experienced Los Angeles sexual harassment lawyer to help you file a lawsuit against the perpetrator. For more info on the legalities of such conduct, refer online legal resources.

How To Win A Wrongful Termination Case

Wrongful termination lawyer Los Angeles

Wrongful termination lawyers in Los Angeles

People are fired from their jobs almost every day. It can be due to unprofessional behavior, laziness to complete the jobs given, or among a plethora of other reasons. However, the law in the country states that no one can be terminated from their job without a solid reason. This is to ensure that, no one can have a monopoly in taking such an important decision. If a person feels that he or she has been wrongfully terminated from their job, then the judicial system in the country will come to their help. They can file a wrongful termination lawsuit against the company, and they will then be awarded a suitable compensation if the court is convinced that he or she was wrongfully terminated.

For winning any court case, you would require an excellent attorney by your side. Wrongful termination cases are also no different in this regard; so it is imperative that you find yourselves a good wrongful termination lawyer Los Angeles.

Guidelines to win a wrongful termination case

  • The first step that you should take is to hire a competent lawyer to protect your interests. Ensure that the lawyer you have selected has ample experience in dealing with wrongful termination cases. Also, make sure that he has an excellent track record with respect to the results in his or her cases.
  • Make sure that you have all the documents related to your termination in hand. These documents can include personal notes that you have gathered over a period, documents related to psychological and financial damages that you had to suffer because of the loss of this job.

    suitable compensation

    LA wrongful termination lawyer

  • Arrange all the events in the form of a timeline, so that it will be easy for you to identify all the events that took place, and which eventually, will lead to your termination from the job.
  • You will now have to contact your former employer through your attorney, citing that you have been wrongfully terminated from the job, and that you would like to settle the matter out of court. If there is no reply, then send a second letter, implying your intentions to press a court a charge.

These are some steps that will help you in dealing with a wrongful termination case. Make sure that you select a competent wrongful termination lawyer Los Angeles, for good results.

Tips To Help You Choose A Personal Injury Lawyer

Personal injury lawyer

Hiring a personal injury lawyer

If you have been injured physically or emotionally due to the negligence on the part of another, then a personal injury lawyer is the one person you should go to. A personal injury attorney can help you recover compensation for all the damages that you had to suffer by guiding you through the procedures necessary for filing a personal injury lawsuit. While personal injury lawyers are trained to handle all kinds of injury, very often they specialize in particular fields such as automobile accidents, medical malpractice, defective products and the like.

How to choose a Personal Injury Lawyer?

  • Consult the American Bar Association for a list of lawyers within your area.
  • Ask your friends and relatives to see if they can recommend a good lawyer to you.
  • Ask your lawyer for references. They may be able to suggest colleagues who have specialized in handling personal injury cases. You can ask the attorney who prepared your will to suggest personal injury lawyers.
  • Once you have short-listed a few probable lawyers, arrange for an appointment to meet up with them. Enquire about his previous cases, his record of accomplishment and also ask him the chances of winning your case and request him/her to get back to you with the details that he could not give you during the meeting.
  • Also, enquire about the fee details such as if there is an initial consultation fee and whether or not there will be a fee for evaluating your claim.
  • See if you are comfortable working with this lawyer. You will be meeting this person on a regular basis and spending a lot of time with him/her in discussions, so make sure that you can get along with him/her.

    Personal injury attorney

    How to choose a personal injury lawyer?

  • Have patience, but remain regularly updated. A good lawyer will have more than just your case going on at the time. He/she can only work as fast as the opposition will allow. If you were injured in an automobile accident, then your lawyer will have to wait until the insurance companies have completed their formalities and negotiations. Remain patient, but keep asking for updates.

Follow the above given steps to choose an efficient personal injury lawyer who can represent your case for you. For more info on personal injury lawyers and their duties, check out legal resources that are available online. Alternatively, you can go down to your local library and check out their law section.

A Short Note The On Habeas Corpus Petition

habeas corpus petition

  writ of Habeas Corpus

The evidence presented in the court was so overwhelming that the judge had no choice but to send Kevin to prison for three months. But, Emma, Kevin’s wife, was so sure about the innocence of her husband that she decided to file a habeas corpus petition in the court. The prisons in the country are already overcrowded with dangerous criminals who are serving years of imprisonment for serious crimes, and Emma was of the opinion that the state would be better served with a serious criminal behind the bars, rather than Kevin.

Although hardly a touching story, the above snippet throws light on an important part of our legal system: habeas corpus. The writ of habeas corpus definition is given below, and it should remove all the confusion surrounding the habeas corpus petition, and the writ of habeas corpus. The court, in the case of Kevin, obviously thought the world would be a better place to live in with Kevin behind the bars, but as clearly demonstrated above, there are ways with the help of which even convicted criminals are able to get out of prison. However, getting out is not that easy.

Habeas corpus petition

If you feel that a person is incarcerated without sufficient reasons, then you can file a habeas corpus petition in a court of law. The main purpose of the habeas corpus petition is to give a chance to those who are wrongly incarcerated, to get themselves released.

The writ of habeas corpus definition

habeas corpus

     Habeas Corpus law

Not to be confused with the habeas corpus petition, the writ of habeas corpus is a court order that demands the transport of a prisoner to the court room, so that the court can determine whether to release that person or not.

Petitions in the court

Once the habeas corpus petition is filed in the court, the court needs to be convinced that the person was incarcerated based on factually incorrect evidence, or a legal error. If the court feels that, the petition has some basis that supports it, then the prisoner may be released from custody.

Not everyone can file a habeas corpus petition in a court of law. It needs to be noted that, the habeas corpus petition is usually filed by those who have spent a considerable amount of time in jail.

Some Tips For Choosing The Best Wrongful Termination Lawyer

Wrongful termination lawyer Los Angeles

Wrongful termination lawyer

So this was it. Twenty years of dedicated, loyal service, and all that remained was a piece of paper saying that he had been terminated from the job. Paul had known all along that this was coming; he just hadn’t expected to feel so angry about it. But then again, this was one place where he had spent a considerable part of his last twenty years. He thought of his options, but he already knew he had been unfairly treated, and that he had only one option left. The meager amount that they intend to pay him for his twenty years of his service was tantamount to an insult. They were a multi-million dollar company now, and he had been there since the start of it all. He deserved more, he deserved better.

Many people in a position similar to Paul’s might shy away from approaching the court with such matters. They might think of it as a waste of time and money, but what they actually forget is the fact that, in most cases, it is the wronged employee that gets the benefits from the employer. But, of course, it is important to have a competent lawyer explaining your case. Here are some tips that will help you in finding a competitive wrongful termination lawyer Los Angeles.

Tips

  • Ensure that the process that your employers followed for firing you from the job was illegal. If the grounds that they mentioned for firing you were for exercising your First Amendment rights, for attending jury duty, for refusing to break the law, then you better start the process of selecting a lawyer.

    multi-million dollar company

    lawyer in Los Angeles

  • Ensure that you have a copy of all the documents pertaining to your termination from the job. These documents should have information like specific dates and details regarding all the incidents that led to you finally being terminated from the job.
  • You can find good lawyers by asking the opinions of people who work at a local employment office or state labor department.
  • Many online sources have excellent information regarding all the attorneys available in your area.
  • Once you are fired from your job, ensure that you do not make a scene at the spot, or resort to threatening your hitherto employers.

These tips will help you in finding, if not the best wrongful termination lawyer Los Angeles can provide you, then at least one that’s close to being that.