Should I Hire an Experienced Court Attorney?

Should I hire an experienced court attorney? I say a big YES to this, in all situations.

Whether you are planning to litigate your cases or not, an experienced Court Attorney would be your reasonable advances to get your legal rights protected. The Attorney would be able to determine what will be the best approach for your case and can advise you on the necessary steps to be taken to address your predicaments.

The same fact holds true, even if you decide to settle out of court, as an experienced Court Attorney can help you get the best settlement you deserve.

An astonishing introduction, I must admit.

I devised that extraordinary introduction just to give people an idea, at first glance, about the importance of having a lawyer who is well adept with various courts, whether state, district or appellate courts, in dealing with their varied causes of action. Surely, having one such Lawyer will truly boost their respective cases and can end with what is desired.

The way our judicial system was framed, in each of the states there were constituted various state courts, federal courts and appellate level courts. Each has their own respective jurisdictional boundaries. In Los Angeles, more particularly, we have these set up.

The reason why I am emphasizing this was that, in any of these courts, there are varying rules implemented and not all Lawyers are licensed to appear in any of these courts without having sanctioned for it. Thus, whenever one has a case, be it an employment, business, or torts case, it is somewhat best to have a representative who is vastly familiar with any of these courts, in all matters. Thus, necessitating the services of an experienced Court Attorney.

For all your legal troubles, I advised you to heed the representation of a qualified Court Attorney, as they can help you get your legal worth.

Simple Advice for a Potential Serious Problem

Rules and regulations, no matter how absurd, have the force and effect of law. Strict compliance is expected upon every one. Otherwise, you will be faced with nasty consequences.

The author of the blog, “Free Government Advice from the EEOC, NLRB and the DOL”, made it a point to inform us of recent developments in the field of employment.

One of these developments includes the updated Compliance Manual section issued by EEOC expanding the meaning of religion in relation to discrimination.

The definition is so comprehensive that, to my mind, it includes anything that a person believes to be religious so long as it is “sincerely held”. The author failed to give his personal view on the matter but for me it is a bit to unfair on the part of the employers. All that an employee should prove is the sincere holding of a religious belief, which is difficult to determine, as it is subjective and dependent on ones state of mind.

Another thing is the guideline memorandum issued by NLRB General Counsel Ron Meissberg where demonstration regarding any employment issue is considered a “protected activity”. The memorandum mentioned three (3) ways on determining such activity.

I concurred with the author’s observation that this would just be the beginning of more immigration cases in the future. The immigrants will not take this sitting down.

Vehicle Accidents on Road Intersections

Around 30% of vehicle accidents happen at road intersections, especially those lacking traffic signs and warnings. This fact is obvious enough since these are the areas where all sorts of automobiles attempt to change lanes, make their turns, change their speeds or halt on red light.

These dangerous conditions are even severed by motorists who disobey traffic rules, fail to give way or beat the red light.

Like for example the accident that happened in Laguna Canyon Road, Irvine last July 18 where a woman suffered serious injuries after being struck by a cement truck that ran a red light. For now, such incident is still subjected to further investigations to determine the extent of liability that the unruly driver has to face.

Meanwhile, not all cases of intersection accidents should be blamed to the drivers. In several occasions, vehicle accident victims may also file charges against the government, if they can prove that the authorities have been negligent in constructing and maintaining a safe road.

Design flaws, lack of traffic warnings, insufficient lighting and malfunctioning traffic devices are some of the reasons that may implicate the government from liability over an accident occurrence.

Now, in order to reduce chances of being engaged in an intersection accident, you should follow these safety reminders:

• Do not attempt to beat the red light

• If you are about to make a turn, maneuver your vehicle on the proper lane as early as possible

• Be more attentive on other vehicles near you

• Know your vehicle’s breaking capacity and check your breaks at least one kilometer before the intersection

• Maintain safe distance from other vehicles

• Watch out for pedestrians who might be waiting for their turn to cross the roads

Complications in Sexual Harassment and Gender Inequality

The article “The Effects of Sexual Harassment Law on Gender Inequality”, posted on July 22, 2008, discusses one of labor and employment’s most prevalent issues, which is sexual harassment.

The article, based on a paper submitted by Daniel Chen and Jasmin Sethi, provide some “potential negative consequences” of the sexual harassment law. According to the article, the enactment of the sexual harassment law may help deter potential acts or violations but in the end, it may have adverse effects on how people view gender equality, more especially in the workplace.

Further, the article suggested that the sexual harassment law could entirely worsen gender inequality because it could be viewed as a tax on the hiring of women, as it would create more problems where discrimination issues may arise.

Whatever complications this law may create, I believe enough laws have been created to address this issue. Employees are guaranteed protection against workplace sexual harassment under both state and federal laws, more specifically Title VII of the Civil Rights Act of 1964.

Under this law, two general categories of sexual harassment may occur:

1. Quid Pro Quo Harassment – When an employee is required to tolerate sexual harassment in order to obtain or keep a job, job benefit, raise, or promotion.

2. Hostile Work Environment Harassment – When harassment at work unreasonably interferes with or alters the employee's work performance, or creates a hostile, abusive or offensive work environment.

To bring an action for sexual harassment, the plaintiff must establish that:

• The plaintiff found the conduct to be hostile, abusive or offensive

• A reasonable person in the position of the plaintiff would consider the conduct hostile, abusive or offensive.

The complainant or plaintiff does not necessarily have to be a victim of the harassment in order to file a complaint against workplace sexual harassment.

To file a suit based upon sexual harassment, the complainant must first file a complaint about the conduct with an administrative agency. For a federal complaint, the complaint would first be filed with the Equal Employment Opportunity Commission (EEOC). There are also state and local agencies, to which complaints may be made under state law. These agencies may help you file a case.

Otherwise, you can hire a lawyer familiar with the nature of your case and this will work well to your advantage.

Who may be Liable in a Plane Crash

Just recently, another plane crash occurred in Moonpark, California, injuring a flight student and a flight instructor. According to reports, the plane has to make an emergency landing due to mechanical problems. However, as the pilot attempted land safely in a Simi Valley field, the plane suddenly crashed. Consequently, the two passengers of the single-engine airplane incurred mild injuries and such vehicle sustained substantial damages.

As this particular incident is still subjected under on-going investigation, let me just point out some possible legal implications of this case. These parties may be held liable for the plane crash:

• The plane manufacturer, if the subject vehicle has been proven to carry assembly defects.

• The maintenance crew, if they have been neglectful in performing their duty of inspecting the airplane’s safeness for travel.

• The flight instructor, if he/she fail to apply the standard procedures in case of such emergency or if he/she has been found incompetent of operating the airplane.

Usually, determining liability in a plane accident involves thorough and intensive procedures. Only experts in the field of aviation can find out exactly what has caused the accident. Yet, after the reason for the crash has been established, the injured victims may rely on the capability of an aviation lawyer to ascertain the probable damages that they can recover.

But then again, if the aviation experts fail to discover the reason behind the crash, a competent personal injury lawyer may still seek other means to have their clients recover compensations for their injuries and damages incurred. The victims may result in filing their insurance claims depending on the coverage of their policies.

As the law suggests, accident victims should be given rightful compensation by whosoever was found liable for the injuries or death. In the abovementioned case, the two injured individuals must consult their respective aviation accident lawyers for proper legal advice and recommendations.

Sonoma Bus Accident injures nine

Nine students have been injured in a bus accident that happened very recently on Highway 101 near Asti California in Sonoma County.

Interestingly, the accident happened with no DUI, both drug and alcohol, involve. Add to that is the testimony of some witness that the one driving the vehicle is a model employee, has a perfectly clean driving records and even conducts training camps for his fellow drivers.

The bus was reportedly taking students from the Geyserville, Cloverdale, Ukiah and Calistoga areas to their high schools when it swerved off the road. The driver tried to steer the bus back on course but overcorrected, hence, the unfortunate accident.

What I am interested to know is who should be held liable for the injuries of nine students?

At the outset, it’s pretty hard to tell. The accident is… purely an accident. The driver wasn’t drunk. The driver wasn’t on drugs. The driver has clean record. There was no other vehicle which impacted or about to impact the bus. No nothing.

Now, let me ask, was the driver exercising due care when the accident took place? He has clean records alright but it doesn’t mean he can’t commit error.

Anyway, the investigation is still going on. For discussion purposes however, who else can be held liable following a bus accident such as this?

The following may be held responsible:

• The bus company
• The bus maintenance company
• The local government

The local government may be held liable if it was found out that the roads were so defective so as to cause the bus accident.

The families of the victim must keep track of the development of the investigation. And the moment fault was pinpointed, they must, really must pursue those who are responsible. Under the law, they are entitled to recover the following, among others:

• Medical and hospital expenses
• Rehabilitation
• Pain and suffering
• Punitive damages

To the families of the nine victims of the bus accident, you are not without resort. The law is in your side. You only have to act. And that means now.

What if no one can be charged in a Motor Vehicle Crash?

A friend of mine once asked me, “If I became a victim of a vehicle crash, would you handle my claim?” Teasing him, I replied, “Of course, if the price is right!”

Kidding aside, more than the money I would gain from winning my clients’ cases, I am more concerned on how these people would rebuild their lives without obtaining justice and sufficient recoveries. This idea always urges me to exert all my efforts in every lawsuit that I handle in order to ensure positive results and rightful compensation for my clients.

In California, where I practice my profession, Motor vehicle crashes are just of common occurrence. These incidents do not necessarily mean that it involves two or more moving vehicles. Just like what had happened last Monday, July 08, where another person died in an accident along 210 Freeway, wherein the victim’s car suddenly wedged under a truck.

I am still unfamiliar about the facts of the incident. However, as I view it, the family of victim may have a hard time in recovering damages especially if the departed was not insured and the driver of the semi-trailer had parked properly, situating an early warning sign along the freeway.

Like in any other vehicular accident claims, the victims must be able to prove that there are other parties at fault in the incident. Further, they must establish that the defendant’s negligence or careless action has been the proximate cause of their injuries.

Yet, I suggest that the family of the Freeway motor vehicle crash victim consult a legal professional to have a thorough evaluation of their case. Somehow, an experienced lawyer can help them find other ways to obtain recoveries. I just hope that the death of the victim would be given justice.