Toxic Tort
If you live in California and have been harmed by a dangerous substance in your environment, you may have a claim for a toxic tort. Toxic torts can happen due to a variety of situations, including air, land and water contamination. If an individual believes they have a case, they should seek out the help of a toxic tort attorney in Los Angeles. In tort cases, the usual characteristics apply. The plaintiff will allege that they were harmed by exposure from a harmful substance. In most cases, there will be little evidence of the substance, but it will also be alleged that a large number of people have also been exposed. It is also possible that there is a dormant period between the time of exposure to the substance and manifestation. This is the reason why a good toxic tort lawyer in Los Angeles is essential to your case. The law offices of Oscar H. Gutierrez have specialized lawyers who can take on toxic torts. They have helped clients receive millions of dollars in settlements. What is the best defense against toxic tort claims? A vigorous defense must be mounted. If scientific evidence is given, it is not impossible for it to be countered. If certain elements of the claim have not been proven, a number of holes can be poked in the defense. Procedure-based defenses can also be used. For example, it could be claimed that the case wasn’t brought forth in a timely manner. If you need to speak with an attorney about toxic torts, your best bet is to seek out the most experienced toxic tort attorney in Los Angeles. Individuals who bring forth tort cases should also understand that not everything is cut and dry. Tort cases have a number of problems that can make them that much harder to prove. For instance: – Proving causation – Stale evidence – Reliance on scientific evidence Contact our toxic tort lawyer in Los Angeles to give you more information.
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How to Report Police Abuse or Misconduct
Witnessing or being the victim of police misconduct can be an upsetting experience. However, in order to move ahead, it is important to set your emotions aside as you take steps to address the misconduct. These steps may include consulting an assault and battery lawyer. Document everything: As soon as possible after the incident occurs, you should document everything you remember. You can use this documentation if you visit a personal injury lawyer in Los Angeles or police abuse lawyers in Los Angeles. This documentation should be done in a methodical way by writing everything down that you can remember about the incident. Be as accurate and specific as possible. Include the date, time of day and description of the police officer and any other people involved. Only include facts you are certain about since errors could be used against you even if they are innocent mistakes. Where possible, write down direct quotes. If you cannot remember direct quotes, note what was said as accurately as you can but do not make it appear you are quoting directly. Talk to an attorney: If you were arrested in the course of the incident, getting an attorney is a necessity. If you were not arrested, our police abuse lawyers in Los Angeles may still be able to help you decide whether you have a case that is worth taking to civil court. Your documentation and presenting yourself in a calm and coherent manner may help convince our personal injury lawyer in Los Angeles that your case is worth pursuing. An attorney will usually make a decision based on the strength of the evidence of misconduct. Filing a report: At some point, you can also file a police misconduct report, but if you are going to court, you should wait to do this until all civil and criminal issues have been resolved. Otherwise, you may provide information to the police in the report that you are not prepared to share with them. Your jurisdiction will have one or more places that complaints can be filed and a procedure for doing so. Do not discuss the report with police if you must visit a police station in order to file the report. Keep copies of the report and submit copies to the ACLU and NAACP if applicable. These steps may not always lead to action against the police officer, but they will create a paper trail if there are future complaints.
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Determining Responsibility in a Multiple Vehicle Accident
Investigating and litigating traffic crashes involving one or two vehicles can often be easily accomplished by a car accident lawyer. Determining responsibility will usually come down to interviewing those involved and examining the vehicles and the scene of the crash. The issue can be far more complex in incidents involving a number of vehicles, which is why such crashes will often require what is known as an accident reconstruction. The Principles of Accident Reconstruction Chain reaction crashes may involve several or many cars and even different types of vehicles. They will also require intervention by auto lawyers to determine who is culpable for damages. Reconstruction experts are trained investigators who will carefully collect as much evidence as possible in order to determine culpability. In addition to the routine procedure of interviewing drivers and witnesses, these experts will carefully examine vehicle damage, skid marks on the pavement, police reports and pictures taken at the scene of the accident. The facts gathered by the experts will be used to determine the events leading up to the accident and how they contributed to the crash itself. Such information can prove valuable in assessing who is responsible for the cost of the injuries and damage that resulted from the crash. The best car accident attorney in town will use this information in formulating a civil case. The Rules of Contributory and Comparative Negligence In addition to the District of Columbia, the states of Alabama, Maryland, North Carolina and Virginia employ the rule of contributory negligence. This rule is considered rigid and unfair because it prevents victims from collecting damages in accidents for which they were deemed responsible. Their responsibility can be as little as 1 percent. Most states follow the rule of comparative negligence. California, Arizona and Alaska use the principle of pure comparative negligence, in which the degree of responsibility will affect the damages to be awarded. Other states employ a modified comparative negligence scheme, which prevents those who are at least 50 percent responsible for an accident from obtaining compensation. In Arizona, this rule is also applied in cases of driving while intoxicated. A car accident lawyer will work with others to determine the degree of responsibility in an accident. The Quest for Justice It will take diligent work by the best car accident attorney in town to properly establish culpability after a traffic crash. Auto lawyers will serve as both advisers and advocates throughout the legal process in order to obtain the best possible outcome in the cases they handle. This is why the victims of traffic accidents should consider contacting the Los Angeles Law Offices of Oscar H. Gutierrez at 323-999-3500.
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What to do After a Dog Bite
Even though a lot of dogs are more than happy to give us endless companionship, even the most harmless of pups is able to go rampant when certain things occur. This is why there are millions of people being bitten by dogs every year. With there being a lot of medical, legal and financial ramifications that come from dog bite injuries, you will find that it is very important to know what you should be doing after being bitten by a dog. First Steps After getting bit by a dog there are some things that everyone should do. So, here are some easy to follow steps to guide you in your time of need: Get Medical Help: If you have a serious wound, or what may even seem like a harmless wound, you should always seek medical help. If a dog has not been vaccinated (rabies), then you might get an infection. If you are feeling up to it, you should certainly take some pictures of the wounds that the dog gave you before you go in for treatment. The Exchange of Information: Similar to how things work after a car accident, you are going to want the owner’s information so that you are able to talk to them easily after everything. You should be getting the name of the owner, their address, and their phone number/email. Witnesses: If there are any witnesses you are going to want to get their contact information so that everyone can give an accurate statement as to what occurred. Animal Control: If you report the incident to animal control you will be helping other individuals by preventing them from getting bitten by the same dog. Contacting a Dog Bite Lawyer When trying to find a dog bite lawyer, or a dog bite attorney in Los Angeles, you might want to get documentation of the incident first. It will be helpful to everyone involved if you can have all of the information needed prior to contacting a dog bite lawyer in Los Angeles. You are going to want a dog bite lawyer in Los Angeles that has a lot of experience. This means making sure that the dog bite attorney in Los Angeles you contact has all of the correct qualifications. There may be a lot of lawyers in this world, but not all of them are going to know exactly how to win your case. You will want someone who has a lot of experience with defending your specific type of case, and someone who has a lot of people working for them on the case so that they can get the job done right. Many individuals who have had to sue someone because of a dog bite have said that the hardest part of the whole case was finding someone who would not only defend them with the case, but also know how to treat their case like it should be treated. You should make sure that the lawyer you choose is a lawyer that you can trust.
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Pedestrian Accident Injuries
Pedestrians accidents are increasing day by day. The accident can happen to any person walking along the sidewalk or simply crossing the road. This occurs due to reckless driving, lack of attention to road signs by the driver or the pedestrian themselves, or a vehicle losing control. A pedestrian accident is when a car hits a person walking on foot. Vehicles can include motorcycles, bicycles, cars, trucks, and an automated machine. Children and older adults should get help when crossing roads to avoid these accidents. One should not walk on the highway or too close. Instead, one should use the sidewalks designated for pedestrians. A pedestrian accident can occur when a car loses control; the vehicle sideswipes the passenger or hits them against a non-moving object like a building or another stationary vehicle. The motor vehicle can run over the victim causing significant injuries or even death. When one gets involved in an accident, you should immediately acquire a pedestrian accident attorney. The professionals can help you recover what you lost after the crash. Pedestrian accident attorneys represent you in court. When an accident happens, one should make a note of some facts such as the location of the incident, the day and time, the license plate number of the involved vehicle, and retain the contacts of the people who witnessed. When the accident happens, many drivers panic and they run away. When the driver involved flees the location of the crash, it becomes a hit-and-run. A hit-and-run is a felony in Los Angeles. You can report an accident even if it happened sometime back and not reported immediately. What a victim says after the accident can affect the process of recovery. After the occurrence, one should seek medical attention. A victim should visit a hospital even if they do not believe they have significant injuries. Finding medical care will help examine the intensity of the injuries. The examination can tell whether you need surgery or the level of treatment that is fit for you. Considering the injuries can also give records that the pedestrian accident lawyers can use in filing the case. A personal injury lawyer in Los Angeles should come from a well-recognized firm with a good reputation. One should seek legal redress immediately after the accident. People should have in mind that there is a limited time one should bring forth their injury claims. One should consult a pedestrian accident lawyer as soon as possible. Contacting a personal injury lawyer in Los Angeles as quickly as possible can help one recover significantly from the injuries incurred and other losses. Passage of time can cause fading of recent memory from the victim which makes it difficult to remember relevant information about the incident. Some of the various injuries that happen are: • Traumatic brain injuries – is a blow to the head or the body that can cause panic hence brain dysfunction as a result of the accident. Some traumatic injuries are severe while others can be minor; taking little time to recover. • Spinal cord injuries – are a traumatic impact on the spine that can dislocate […]
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PROTECTING YOUR ELDERLY from Neglect and Abuse
When our loved ones age and are no longer able to take care of themselves, we want nothing more than to take care of them and return the love that they showered on us when they were younger. With today’s busy schedule, it’s not always practical to keep our elderly loved ones at home. Some of them need twenty four hour observation so that they do not get hurt, others, have medical conditions that will need constant medical attention. In these cases, it becomes necessary to send them to a nursing home hoping that they will get the right type of help. But do they? It is true that,the elderly are prone to injury, the main issue is in deciding if these injuries could have been avoided or if they were caused by a person in a position of care, like a nursing home. WHAT IS A NURSING HOME? A nursing home is a private residence with health care facilities for the elderly. It is a place for those that are not sick enough to be in the hospital but not able to be at home. WHO IS AN ELDER IN CALIFORNIA? In the State of California, the elderly is anyone 65 and over. WHAT IS NURSING HOME NEGLECT OR ABUSE? Nursing home neglect or abuse can be described as the willful, knowingly,intentionally or negligently act in a way that causes harm to a vulnerable elder in a nursing facility by someone that owes them a duty of care. WHAT ARE THE TYPES OF NURSING HOME NEGLECT? There are different types of neglect or abuse. They could be physical, mental, emotional, sexual or even financial. Some of the most common type of neglect in a nursing home are bed sores. It is true that the elderly are susceptible to bed sores because the skin loses it’s integrity as we age. Many elderly people have mental loss and cannot tell when they soil themselves. Bed sores can be prevented, if the caregiver moves the elderly to different positions so that they do not have pressure on their skin from remaining on one position. If the sore is due to moisture from lying in bodily waste, it is also a sign of neglect as the caregiver is supposed to check on the elderly in their care, making sure they are dry. When an elderly you know has bed sores, especially sores that have gone untreated or unnoticed, it is truly a sign of neglect. If you notice any elderly person abused or neglected, you owe them the duty to call the appropriate authority and later an elder abuse lawyer that you know. If you live in the Los Angeles area you can call one of our elder abuse lawyers to consult with them so you can start protecting the elder’s rights. When most people suspect abuse or neglect of the elderly, they are usually confused and do not know what to do. They are not sure if their suspicions are enough to make a case. This is what our elder abuse lawyers are specialized in doing. They sit with you and listen […]
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Assault and Battery: What’s the Difference?
You hear many times when watching the news or reading the paper about people who have been arrested for assault and battery. Even though you might hear this term quite often, do you know what it really means? Assault and Battery can be categorized in a few different ways depending on what has happened in the altercation. Here are the definitions of these different terms as they are shown in print. Assault The meaning of assault alone is when a person tries to attack another person or even shows the intention of harming another individual. You don’t even have to touch the other person to be charged with simple assault. If you or someone you know has been the victim of an assault you need to get a personal injury lawyer so that you can file a personal claims report as fast as possible to know what your options are in a court of law. A personal injury lawyer is going to help you get the best settlement in or out of court that you can possibly get. Assault & Battery Assault & Battery is when a person has the intent of harming another person and actually makes contact with the other person. The term battery is thrown into the phrasing when an attack was intentional and harm was done to the victim. If you have been the victim of an Assault & Battery then you absolutely need to make a personal claims report to your local police department and get yourself an assault and battery lawyer who is knowledgeable about personal injury law. This needs to be done in order to get the best possible verdict that you can get in a court of law. An assault and battery lawyer deals with these kinds of cases every single day and knows exactly what needs to be done for your particular case because they have seen them all and know exactly how to take your case. Aggravated Assault If a person uses a weapon on their victim than an assault charge can be raised to aggravated assault because the person intended to do serious injury to the victim. If this has happened to you then you need to get in touch with a lawyer immediately so that you can get the compensation and verdict you deserve. If you or anyone you know has been the victim of any of these cases, then you need to get in touch with us today. Our lawyers will stand up and fight you every single step of the way so that you can go back to living your life with confidence.
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TBI After Car Accident
Traumatic brain injuries can occur during a car accident, whether someone notices it at first or not. It doesn’t always take much for these injuries to happen, either, but they can occur in a minor accident. Car accidents that lead to these brain injuries can lead to death and severe brain damage. When the injury isn’t noticed until days or weeks after it has occurred people may suffer consequences. If you or someone you love suffered an accident and as a result had brain damage, contact us today for a free evaluation. Our brain injury lawyer is ready to assist you on your case. A brain injury can occur simply from the brain connecting with the skull. The one who receives the injury doesn’t have to get knocked unconscious for it to happen. The scariest of these injuries are the ones that go unnoticed and that cause real damage because of that. Injuries to the brain are serious and should be taken seriously. Our brain injury lawyer will make sure that those who have been hurt in an accident get all that they should for the damages that have been made to their brain after an accident. Our smart head injury lawyer has studied up on these injuries and how they can affect one’s life. Not only can a head injury lead to serious brain damage, but it can also lead to one’s death. Any kind of car accident that injures someone’s head should be taken to court or receive a large compensation from insurance companies to cover medical bills, suffering, and rehabilitation. Our head injury lawyer will know how to get the one who has been injured what they need to get through all that has happened. You will feel better knowing that you are getting help to fight back against the ones who have injured you or your loved one. These types of injuries show themselves through nausea, memory loss, and sleep disturbance, just to name a few of the symptoms. This is also much worse when it occurs to children. Parents need to look for the signs. The warning symptoms that happen after an accident should never be ignored. An injury like this is serious, and that is why they should get medical help immediately if they notice any of these symptoms after a car accident. This is also why they should find a lawyer who will fight this out for them so that they can get what they deserve from the ones who hurt them. Call today.
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