Tuesday, December 18, 2007

“Legally Amusing Verse”

Being a lawyer is a difficult job. But how much more difficult is it being a judge? Sometimes I wonder how lawyers and judges relieve themselves of the stress of daily grind.

An answer to this question may be found in an entertaining yet interesting article, “If A Judge Adds a Poem to His Ruling, Should the Commission on Judicial Performance Open An Inquiry?” posted October 31. It tells the anecdote about a judge who appended a poem at the end of a ruling to stress her point and perhaps, as a way of expressing the lighter side of scholarly, traditional ruling.

According to the article, the poem appeared at the end of a ruling in a case between quarreling neighbors. The poem itself is a summary of the case and any reader can guess what the lawsuit is all about, just by reading the verse. It goes like this:

‘Defendant planted a creeping vine
That crept and crawled and soon entwined
Itself in plaintiff’s roof, and made a mess
Causing plaintiff to suffer great distress
This lawsuit follows but leaves unsaid
Why plaintiff didn’t whack the vine instead.’

The judge dismissed the case. But not everyone found the poem amusing, especially the Commission on Judicial Performance which sought an inquiry into the matter. However, the plaintiff’s counsel found nothing wrong with the action of the judge. Even lawyers and judges are entitled to little indulgences.

In the end, the article expressed its observation that certain lawyers who often complain about judges are those who had not fully prepared themselves for motions, hearing or trial.

Tuesday, November 13, 2007

How to set a really bad example

Define irony: a sheriff's executive is charged with driving under the influence.

The L.A. Times reported that Division Chief Michael Aranda, a top-ranking Los Angeles county sheriff’s executive, is facing charges of misdemeanor drunk driving charges filed by prosecutors. He was arrested on suspicion that he was driving while intoxicated. See the report at Los Angeles Times.

This is an indication of a very sad state of affairs, when authorities who should serve as role models are going the wrong direction. Drunk driving is a very serious problem that needs to be addressed and not exemplified. It causes death and personal injury, not to mention an immeasurable damage to families who lost a loved one to DUI.

According to this article "Drunk Drivers / DUI", the group Mothers Against Drunk Driving (MADD) estimates that over half a million people get injured in alcohol-related accidents annually, or roughly a person per minute. The group added that in 2003, a total of 17,013 fatalities were recorded in alcohol-related crashes. This is probably the reason why some law firms now specialize in DUI accidents and injuries.

This is how serious the problem on DUI is in the United States, it is one of the major causes of deaths and personal injury. While both the government and the private sector work together to drastically decrease the number of DUI-related accidents, it really does not help the cause to see prominent and popular personalities getting caught driving drunk, especially people like Aranda.

In some countries, the penalties are higher when imposed against government officials convicted of committing common crimes. I consider it a good idea to open the debate on raising penalties against government officials in this case.

Friday, November 9, 2007

When Air Bag And Seat Belt Fail

The news article, “The Recent Automobile Accident Involving Governor Jon Corzine of New Jersey Shows Just How Devastating Injuries Can Be From a Vehicle Wreck” is not just your ordinary story of car accident .Or, probably it is. Anyhow, it is news because it involved Governor Jon Corzine of New Jersey.

Accounts said the governor was riding his SUV when another vehicle, who was trying to avoid a collision, ran into them that resulted into a car crash. The governor was severely injured. His femur bone split up, he had a broken sternum, 12 broken ribs, a head cut, and a fractured vertebrae. He was flown by helicopter to the hospital.

An interesting aspect in the incident was that the air bags in the governor’s vehicles failed to deploy during the accident. It also appeared that the governor did not also wear his seat belt and he was running at high speed.

Again, this puts to question the safety of air bags and seat belts used in most of our cars. In reading the news article, however, it is unclear whether it was the failure of the air bags to deploy or the governor’s inadequacy that aggravated his condition. Nevertheless, I think stricter laws on the quality and safety standards of air bags and government should impose seat belts.

At any rate, air bags and seat belts in cars must be regularly checked to ensure that they are functioning properly. Laws on the safety standards in the manufacture of air bags and seat belts must be reviewed if only to ensure that they passed the tests and are fit to use by consumers.

Tuesday, October 23, 2007

Abide by the Speed Limits

Speeding is one of the most prevalent causes of traffic injuries and deaths in the United States. This can be seen on the numerous media reports that tend to signify that each of us motorists should closely look after our driving speeds depending on the road and traffic conditions. It is important for us not exceed to the limits in order avoid injuries and even the call of death.

An article about an accident involving a motorcycle and a truck may serve as a warning for us that being prudence is always a factor to keep away from fatal accidents. As the witnesses stated, a motorcyclist has died instantly after hitting the rear end of a truck because of over speeding. The investigators have determined that the driver’s speed has reached about 120 miles per hour causing the great impact to happen.

The “Basic Speed Law” of California suggests that aside from what is posted on the roads, the motorists should also base their speed on the following:

  • the density of road users along with their speeds
  • the width of the path
  • the condition of the road surface
  • the presence of pedestrians and bicyclists on the side of the road
  • the weather condition
  • other circumstances that may affect their road visibility and safe travel

In many of the major highways and thoroughfares in California, the government has set a maximum speed limit of 65 mph. However, the motorists may ignore this rule depending on the street signs posted.

Yet, for me it is still best to maintain an average speed of 50 to 60 mph to be safer. As a trial attorney who has handled various vehicular accident cases, I do suggest that the motorist should exercise extreme prudence in traveling. They should ensure not only their own safety but also the safety of their passengers, pedestrians and other travelers as well.

Friday, October 19, 2007

The Law Applies to All

I know that pop singing sensation Britney Spears has many following but just recently, various reports pertaining to her several legal violations came out. Around 9 p.m. of October 15, 2007, she presented herself to the Los Angeles police authorities to face charges of hit and run and driving without a valid license.

Now, what is the sense of this story?

If you are one of those injured victims of neglectful and imprudent drivers, this may give you the courage of also filing your own case regardless of how popular or powerful the liable party is. The rule of law applies to all and no citizen is above it even those people whom we idolize and pay our respect.

The legal action done by Kim Robard-Rifkin, the owner of the car that was allegedly hit by Spears after trying to escape paparazzi, should be commended. This I think is the proper way of dealing with an auto accident case – having such determination to defend your rights as victims.

The law entitles the injured victims of such recoveries to cover the level of damages and losses that they have suffered from others offense. It ensures the victims will be properly paid to ease their further sufferings from expensive medical treatments and loss of earnings. However, it all depends on them – whether they file their cases or not.

Thus, if you also live in L.A. and you have been injured in an accident, it is important to set aside your hesitations and immediately pick from those credible Los Angeles court attorneys for proper assistance. It is not a question of how severe the damages are and how much you can gain from such charges but the real substance is how you have defended your rights.

Furthermore, having those irresponsible motorists punished for their misbehavior will lessen their possibilities of hurting other innocent people in the future.

Wednesday, October 10, 2007

Point of Fact: You Can Sue Big Corporations

Months ago, my sister excitedly went home carrying a bagful of toys for our first and only nephew, Luis. The bag contained Elmo dancing to the tunes of Hokey Pokey, Elmo singing ABC’s and repetitively uttering my sister’s recorded voice “Luis!” and Elmo laughing when tickled by the waist.

Three different Elmos. You can tell she’s fond of this friendly, bright red-furred, high-pitch voiced Sesame Street character.

A few weeks later, I stumbled into a news report that Mattel, the largest toymaker in the world, has announced a major recall of various Fisher-Price toys, which include Sesame Street character toys. The company expressed concerns that lead may be contained in the toys’ surface paints from which young children may incur toxic poisoning.

Lead is a highly toxic substance, exposure from which can lead adults and children to suffer a wide range of adverse health effects, including behavior and learning problems, brain damage and anemia among others. Young children are more prone to lead poisoning though, as millions of children have already suffered health effects due to its hazardous elements. Lead can be exposed to humans most often through paint and is just of microscopic size.

My sister immediately removed the toys from the house and after being aware of lead’s hazards: that it is cumulative and symptoms may not appear as soon as the child is exposed, she brought Luis to his pediatrician for a blood test. Thankfully, our nephew is safe.

Consumer Product Safety Commission, one of today’s numerous safety groups, promised thorough investigation of the industry and review its safety standards. However, they unfortunately admit that more recalls will be coming, with toys and other household items.

Mattel is a huge corporation but if an average kid like my nephew incurs lead poisoning due to its manufactured toys, the company will face serious charges of product liability and if proven negligent be demanded millions of punitive and compensatory damages from. Knowingly withholding product information about its hazardous elements is a grave offense. It sounds so wrong! A competent Los Angeles law firm suits this kind of million-dollar lawsuits; it can best assist average victims win against rich and powerful corporations.

Fisher-Price toys are so adorable yet its harmful effects are rather appalling.

Tuesday, October 9, 2007

Hit and Run: Incredible Detachment to Life and Responsibility

Hit-and-Run is a totally inhumane offense. It’s bad enough that one drives negligently as if he isn’t responsible risking the lives of those around him but to be nonchalant after causing death, injury or damage to another is something else. Believe it or not, people actually hit and run to save their ass from liability. Even a 50 year old woman was accused of such offense.

Berset is criminally charged with one count of hit and run resulting to death or injury. This felony carries a four year sentence in its maximum, in state prison. She is also charged with a count of vehicular manslaughter without gross negligence. This misdemeanor is fixed at a bail of $100,000.

Comprehensive investigation must be put in order. Berset must be able to prove that she exercised due care, otherwise she has to bear charges of gross negligence. It is not enough that she called the authorities the next day after collision to report because for all we know, she may have intentionally tried to escape from liability at the moment of collision. Her conscience may just have reaped guilt. It is quite dubious to kill a person, or even a deer at that, without having the impulse to check what it was that her car’s hit. Though remorse is notable, it doesn’t change the fact that the offense is consummated.

Should Berset be exculpated from criminal charges due to reasonable doubt, civil charges remain enforceable. The defendant’s negligence can be proven by preponderance of evidence and should this be established by the plaintiff litigation lawyer, the victim’s family is entitled to recover compensatory damages, even punitive ones.

A driver is required to give assistance to injured persons involved in a car accident, especially if such driver is involved. Any driver who fails to fulfill his duties can be responsible for the omission of a positive law. This isn’t a new law – this stems from old-age common law and may be this also isn’t exactly a law – this is, or rather should be, human nature.

Tuesday, August 28, 2007

The winning story of a maltreated employee

I cannot believe to Pete Yonski’s entry story that has won the grand prize in the Working America's My Bad Boss Contest. His story entitled “Cancer Can’t Stop This Bosstackled his unfortunate experience in his job. He frankly said in his entry that he was a victim of labor law violation by his boss.

Yonski, who has been detected with a rare cancer, was allegedly denied of his vacation leave and employment disability benefits. In his article, he put the blame on his boss for being so cruel to him despite of his serious illness and the fact that his family is greatly in need of support and understanding.

This incident encountered by Yonski was illegal and very much inhumane. No employer with a decent mind will unjustifiably mistreat his very sick employee. In addition, Yonski’s employer should have considered the fact that he has served the company well for so long. He then should be treated nicely and his appropriate benefits should b given to him as provided for by the existing labor laws.

Under the labor laws, employees who have incurred ailments should be allowed to have their paid sick leave. This is to have some time for their medical treatments and rehabilitations and while still getting their salaries.

This however, depends on what their employment manuals and contracts stated. Majority of companies in the United States have their own employment manuals that determine the actual benefits that an employee is eligible in certain instances like sickness.

Thus, if it happened that you have been employed in company, it would be better for you to examine first your obligations and allowable benefits before engaging to your job. This is to have the assurance of being able to get the suitable benefits in the event that you have suffered from any disability in the course of your employment.

Thursday, August 23, 2007

Side airbags set to be required on automobiles

Do you consider that airbags may actually save your life in case of a vehicle accident involvement? Would you agree if our federal laws compel all car manufacturers to install airbags on their products? Well, whether you like it or not, you should. The National Highway Traffic Safety Administration (NHTSA) has come out with a plan of requiring automobile companies to set up side airbags on their manufactured automobiles according to The Detroit News. This proposal however, will be implemented early next decade as planned by the government. Full story on NHTSA airbags.

The reason behind this new strategy is maybe due to the unstoppable increase in the number of casualties and personal injuries that were inflicted to vehicular accident victims. In short, the NHTSA maybe thinking that installing side airbags on automobiles will at least lessen the factors that causes fatalities and serious injuries in road catastrophes.

According to studies that have been conducted, the number of fatalities that resulted from side-impact crashes has reached to its alarming level, from 31% in 1981 to 49% in 2005. Thus, side-impact crashes may be considered next to frontal crashes in terms of caused fatalities.

However, the government authorities are still quite unsure on what positive effects, this idea, will bring to the motorists. But the better side of it is the fact that we are assured that the government is extending their efforts to resolve the issue that has been causing much threat to the road users.

Approximately, the implementation of side airbag rule is expected to cost automobile manufacturers at least $208 each vehicle or a whopping $1.6 to $3.6 billion every year.

Now, should you face higher automobile costs in the future, just consider the protection that these side airbags can give. Anyway, it is better to invest a little for your safety rather than finding yourself lying on a hospital bed and much worse, on a coffin.

Wednesday, July 25, 2007

Worker’s Compensation Insurance Benefits: What You Are Entitled To

Every worker is entitled to Employee Compensation. If you are employed in California and you get injured, you have the right to claim benefits under worker’s compensation insurance from your employer.

Worker’s compensation is regulated by federal and state laws. These laws protect workers who are injured and provide means for the grant of aids during their time of need.

Worker’s compensation insurance is a no fault insurance. This means that if you are injured as a result of the performance of your work, you should be granted worker’s compensation regardless of who is at fault. In short, unlike other personal injury claims, an injured worker does not need to prove negligence in order to be granted worker’s compensation claims.

As an injured worker, the law mandates that you should be provided with medical care and cure for your injury. If your injury cannot be cured, worker’s compensation insurance should shoulder your treatments to ease your pain and suffering. Aside from this, you must be paid allowance while you are not able to work. This is called “total temporary disability”. Although the granted benefit is less than your regular monthly salary, at least you have an allowance to pay for your daily living costs while you are treating.

In case, however, you are totally disabled or impaired and you cannot perform the job for which you were hired, worker’s compensation should grant you settlement instead of compensation. Simultaneously, worker’s compensation should aid you in looking for work and must pay for your training to be able to perform other means of gainful employment

Friday, July 6, 2007

Employment Termination

Termination from a job is always an unwelcome scenario. Aside from losing your source of livelihood, you are faced with the grave worry of looking for another job. This is especially difficult with workers who are already of old or advanced age.

The fist thing that you should determine after being terminated is the reason for your termination. You may find out that your termination is invalid. If this is the case, then you have recourse against your erring employer. An employee that has been wrongfully terminated can ask for back pay, benefits and other damages.

If you are, however, terminated due to lawful or just cause, then your only option is to get ready your application and be prepared for job interviews. A lawful or just termination means that you are terminated for incompetence, tardiness and drunkenness or for commission of any crime like physical violence or theft of company property.

In order to determine whether you have a cause against your employer, you should be mindful of what reasons or instances are not justified reasons for firing an employee. The following are not just or valid reasons for firing an employee:

  1. Whistle blowing
  2. Complaints to and against employer for violation of employment and labor rights
  3. Testifying against the employer for another employee
  4. Lawful gathering and other union activities, and
  5. Filing complaints and charges of unfair labor practices

If you have been terminated for the above reasons, you are assured that your termination is unlawful. In this case, you need to seek representation from an expert wrongful termination attorney immediately.

Employment Responsibility in Sexual Harassment

Sexual harassment is defined as an unwelcome attention that is sexual in nature. Sexual harassment is also a form of illegal discrimination and abuse in some countries including the United States.

Title VII of the Civil Rights Act prohibits harassment of an employee based on race, color, sex, religion or national origin. It is the duty of every employer to make sure that its employees are free from harassment and discrimination in the workplace. Although the employer is not directly responsible, the duty encompasses the obligation to protect and defend the employees from sexual harassment and other types of harassment and discrimination.

In June of 1998, the Supreme Court issued two major decisions that explained when employers would be held liable or legally responsible for unlawful harassment by its supervisors. It has been stated that an employer is always responsible for harassment by a supervisor if the sexual harassment leads to tangible employment action.

A tangible employment action is when the harassment results to the hiring, firing, demotion or promotion of the employee victim.

If there is no tangible employment action that coincides with the sexual harassment, the employer could escape liability for the sexual harassment act he proves the following:

  1. The employer exercised reasonable care to prevent and promptly correct any harassment; and
  2. The employee unreasonably failed to complain to management or to avoid harm otherwise.

In the first, the employer can show that it tried to prevent harassment by showing that it made it clear to all employees as a policy that harassment and discrimination in any form is prohibited in the workplace. Also, the employer can show that it had established guidelines and grievance machinery to protect its employees from sexual harassment.

On the second, it is the duty of every employee to promptly and properly complains to the employer about the harassment in the workplace. The unreasonable delay in the filing of a complaint could be construed as acquiescence to the sexual act.

If you are an employer, make sure that you make it known in the workplace that harassment in any form is not allowed. Otherwise, you just could be made liable to the sexual aggressiveness of your supervisors.

Wednesday, July 4, 2007

Who Cannot Claim Worker’s Compensation?

Generally, Worker’s Compensation provides benefit to injured employees. Every state has their own form of Worker’s Compensation which are generally known as Workmen’s Compensation, Workers’ Compensation, Workman’s Compensation or Work Comp.

The general principle underlying Worker’s Compensation is that it requires the employers to replace compensation of their employees for injuries sustained while performing his or her job functions to replace lost wages and cover the employee’s medical expenses.

Worker’s Compensation is a no fault system, meaning that it doesn’t matter whether the injury is caused by the negligence of the employee or the employer or even both. So long as the employee sustained a job related injury, he or she should be paid in full in accordance with law.

However, not all employees can be granted the benefits under Worker’s Compensation. Exceptions may include:

  1. injuries caused primarily by intoxication of employee or due to influence of controlled substances;
  2. injuries caused by attempted suicide or homicide by employees;
  3. injuries as a result of commission of a crime while o the job;
  4. injuries as a result of engaging in horseplay on the job, for those who leave employer’s premises without authority, or for other deviations from employment without the employer’s implied or express approval; and
  5. reduction of benefits for employees injured as a result of failure to put on or use proper health and safety equipment and gears.

As you can see, if you are a dedicated employee and is honest in your work, you don’t have to worry about not getting worker’s compensation in case of work related injuries. In case you will have problems in claming your rights, consult with expert lawyers near your immediate area.

Monday, July 2, 2007

Responsibility of Ownership

Property owners may face a significant liability problem every time an individual steps in their properties. Every property owner has a duty to his or her guests to keep the property in a reasonably safe condition.

Premise liability can be applied against all types of property owners. Commercial properties like malls and stores are liable some accidents causing injuries to their customers or patrons. Puddle sof water on the floor, slippery flooring tiles which have no warning signs are dangerous conditions that could make commercial property owners liable for accidents proximately caused by it.

On the part of the industrial and construction property owners, they are liable for trip and falls, falling materials or debris on their properties or even accidents that happen near their properties where the accidents were due to falling debris or debris left lying on the premises causing passersby to be tripped and fall resulting in injuries.

The government is liable for injuries resulting from roadway and vehicular accidents especially due when the accident is largely due to poor maintenance of broken, slippery or uneven pathways, walkways or alleyways.

Even private property owners are not safe from premise liability if any of his or her visitors sustained injuries as a result of slip, trip and fall from their premises.

If you are a property owner, the best way to protect yourself from premise liability claims is to properly maintain your properties.

Friday, June 29, 2007

Employers in Sexual Harassments Beware

Literally, an employer’s obligation with regard to sexual harassment starts even before the illegal act begins. Employers have an obligation to make sure that their employees are working in a place free from sexual harassment.

There are a lot of things that employers can do to save them selves from being sued for sexual harassment committed by their employees to another employee. First, employers can disseminate general information on facts relating to sexual harassment in the work place. Employers must also be firm and serious in making a statement policy against sexual harassment. Employers must also assure that employees who report sexual harassment incidents do not get ostracized or retaliated against. Furthermore, a grievance machinery or investigation mechanism to address complaints of sexual harassment cases should be well established.

Unfortunately, however careful employers might be in preventing sexual harassment in their work places, they are still not saved from the strict liability theory being imposed by the state of California for the conduct of their supervisors and managers regardless of their best efforts to prevent and to remedy harassment.

In strict liability theory, employers can be liable for sexual harassment on the reason that they should have known of the harassment being committed by their supervisors under the theory of respondent superior. Negligent hiring of employees is also another reason for holding employers liable for the wrongful act committed by their other employees.

In any event, great caution is the order of the day for employers in making sure that their employees together with their supervisors and managers behave respectably towards one another.

Tuesday, June 26, 2007

To Collect or not to Collect, That Is The Question

Whether you are a private person loaning money to a friend or a corporation extending loans to employees, partners or especially third persons, debt collection can sometimes be a problem. For some, more problem that it usually entails like when you have extended yourself so far or stretched yourself so wide that non- recovery of debts owed to you could mean the end for you or your business.

Debt collection may be as simple as calling the debtor or writing a demand to him to pay back what is owed. However, most calls or letters have gone unheeded. If you have this kind of problem, of persons or entities not willing to pay your due and right to demand payment for money or property owed, you might need the services of a collection agency or business lawyers who are adept in debt collections.

One of the first things you should consider in debt collection is whether the debt is worth collecting at all. If the debt owed to you is so small that it would not be profitable to pursue, the best course of action is to move on, forget the debt and just learn from your mistakes.

If however, although the debts are in small amounts, but if claimed together amounts to a sizeable fortune, if you are already frustrated in personally collecting those debts, then you need to think about launching a case against those who owe you.

Often times, collecting on your own is counter productive. Instead of putting your time and effort in what you do best, which are running your business? You are tied down with the stress and rigors of collecting debts from those deaf and blind from your pleas. In this case, you are even losing more by losing profits since you are derailed from maximizing your business’ potentials.

When consulting or acquiring the services of business lawyers, the money you additionally earn by not being bothered by the rigors of collections could pay for the lawyers and still earn you some more profits. This, plus the added bonus of successfully collecting the debts owed you are some of the advantages of seeking professional debt collecting help.

Friday, June 22, 2007

Mall Falls

The general concept of Personal Injury or Tort Law regarding premise liability is that the owner of the property is legally liable for the safety of the property. If you are injured as a result of the dangerous condition present in the property, you may be entitled to claim damages against the owner of said property.

However, there are said to be varying degrees of liability when it comes to safety of the owned property. As a general rule, an owner of a commercial establishment has a much higher liability for injuries caused on the commercial property as opposed to injuries sustained as a cause of private property.

Hence, if you are walking on a commercial establishment like target and you slipped and fell on the floor due to a wet substance left lying there for a long time, the owner of target is liable for your injuries. However, if you are at a friend’s house and you tripped and fall on a piece of furniture haphazardly placed in the middle of the living room or tripped on a toy left on the steps of the house, you may not be able to claim damages against your friend.

The most common case where premise liability can be considered is slip and fall accidents in malls . A lot of patrons or customers sustained injuries as a result of slips and falls due to wet or slippery floor caused by unattended puddle of water or slippery substances which are not promptly addressed by the maintenance of the commercial establishments.

Elephant Rampage

Elephants are one of the great attractions in zoos and especially in circus acts. These elephants are huge animals that are usually not aggressive, lumbering along like a gentle giant. The children are most attracted to these animals because of their huge size and their voracious appetite for peanuts. The cartoonists’ portrayals of them as one of the good and huggable guys do wonders to their image as well.

However, one should never forget that these animals are not meant to be caged. Also, like us, elephants have their own set of behaviors and social structures in the wild. Even elephants, who are trained to perform in zoos and circus shows have a propensity to do harm if they are surprised, irritated or fell ill.

There are already several reported cases of elephants that suddenly attack their keepers and trainers. In zoos, some of the zoo keepers get injured when an elephant, without provocation, suddenly charges upon its keeper for a long time. Studying and unlocking animal behavior is not an exact science.

Worse is when an elephant is performing in a circus show and it suddenly turns wild There have been numerous accounts of elephants suddenly going berserk, hurting the trainer and the by standers.

If you have been injured due to an elephant attack, you are entitled to damages. You could claim from the owner of the elephant, from its trainer and even from the owner of the zoo or the establishment. However, having a claim and pursuing one are two different matters. A consultation with a lawyer with experience in handling animal attack cases is highly recommended.

Wednesday, June 20, 2007

Protect and Claim: One Two Punch After A Bite

Each year, more than half a million people are bitten by animals. Most of the victims are children. Surprisingly, most of the dogs that are involved in animal attacks are not aggressive animals. There are also dog bites that happened unprovoked.

It is not unusual to get bitten by a dog even if you try all your life to avoid one. There is no distinction between pet owners, pet lovers and pet haters when it comes to dog or animal bites. A dog, even if unprovoked may bite if it gets surprised. One example is if you are turning on a corner and suddenly chanced upon a dog. The dog’s tendency might be to bite you because of surprise or it may suddenly feel threatened forcing it to defend itself.

Just in case you are unfortunate enough to get bitten. You should protect yourself from further attack by placing an object between you and the attacking animal. Shout for help. The dog may get startled and withdraw from attacking you. Also, there might be passersby who can hear you and rush to your aid.

Call the police immediately. If you are not that seriously hurt, you can wait for the police or paramedics. However, if you are seriously injured, go to the nearest hospital or clinic for immediate treatments. Finally, call an expert dog bite attorney like the attorneys from Mesriani Law Group if you are in California. They will tell you what to do and help you protect your rights and secure you your claims against the dog owner or keeper.

Friday, April 20, 2007

How to Deal with Medical Malpractice?

Have you been a victim of medical malpractice? Conceivably, most of us do not even know if we are victims or not. You may opt to use up much of your time in determining your case alone or you may seek the advice of a professional personal injury lawyer with experience in medical malpractice cases to immediately resolve it. In fact, a number of individuals don’t even know their rights as regards to medical malpractice. This tends the poor victims to just endure the further infliction which was brought out by the insufficient or below standard manner of medical treatment that was undergone by the health care provider. So what are the things you should really do if you were victimized?

Basically, as a patient, you should know what is your ailment and what procedures will the physician undergo to make you well and why should he perform it. Then, you may ask the doctor about the medical proofs that the procedure is really effective in restoring your health.

It is very much essential for you to ask questions even while on the process of treatment. This is to ensure that your doctor adheres to the accepted standards in performing their duties and in providing you with the appropriate cure to your sickness. Thus, if you have noticed some irregularity in his answers and accompanied by the worsening of your health, then you might be a victim of this neglectful doctor. Now this is the time to pursue a legal action by filing a lawsuit against your physician with the help of a competent personal injury lawyer.