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The wrongful death laws in California allow certain family members to file a wrongful death claim to obtain compensation when a person’s or entity’s actions lead to the death of a loved one. You may be entitled to compensation in a wrongful death action whether the death was because of negligence, such as running a stop sign, or malice, as with a murder. Speak to our Oakland wrongful death attorney at Bracamontes & Vlasak for more information about the state’s wrongful death laws and your case.
A California wrongful death claim can arise from many situations, including motor vehicle accidents, medical malpractice, workplace accidents, criminal activity, and more. To receive compensation in a lawsuit, you must prove the following:
Note that proving wrongful death only requires showing a ‘preponderance of the evidence’ to prove liability. This is a lower standard than needed to obtain a guilty verdict in a criminal case, which is ‘beyond a reasonable doubt.’
CCP 377.60 (a) in California states that the following parties may sue for wrongful death:
If you are eligible to file a wrongful death lawsuit in California and receive a settlement or favorable verdict, you may be entitled to some or all of the following:
You have only two years from the death to file a wrongful death lawsuit in California. If the case is not filed in the appropriate court at that time, the family usually loses the right to file a lawsuit.
If you lose a loved one in an accident because of someone’s negligence, the wrongful death laws in California protect you. You may be entitled to compensation for your terrible loss, so please contact our Oakland wrongful death attorney at Bracamontes & Vlasak, P.C., today at (415) 835-6777.
If you are a tenant and have a claim against your landlord for a fire, the fire investigation and evidence preservation are critical parts of the case. While many firefighters understand the basics of evidence preservation and will work to preserve the scene to a degree, their primary focus is on fire suppression and ruling out arson. An independent comprehensive fire investigation should often be conducted to determine the cause and origin of a fire with more specificity.
First, the fire investigation team must preserve evidence at the scene. This information is vital to understanding what happened and could be an essential part of a lawsuit. Learn more about fire investigations below, and speak to our California landlord-tenant attorneys if you need help with a claim.
The National Fire Protection Association (NFPA) offers extensive guidance for fire investigations. Following NFPA guidelines is critical to the investigation and a lawsuit. It also offers a strong foundation for fire investigators whose views on the fire could be challenged in litigation.
Fire investigators conduct their investigations within the NFPA 921 guidelines using a systematic approach to inspecting and documenting fire scenes. Investigators carefully study burn patterns, gather and preserve evidence, and document the fire scene. Independent fire investigators also perform comprehensive fire scene investigations, submit reports, and may offer expert testimony in a tenant lawsuit.
Additionally, fire scene investigators often reconstruct, as much as possible, the original condition of the structure, appliances, equipment, and vehicles. This allows them to determine how and where the fire started and understand what could have been altered, removed, or destroyed from the scene before the investigation started.
One of the investigator’s key roles is identifying and handling physical evidence. NFPA 921, Section 17.2.1 states that physical evidence is a tangible or physical item that may prove or disprove a fact or issue. Fire scene physical evidence can be critical to understanding the cause, origin, spread, and the person responsible for the incident.
Physical evidence could be smoke alarms, appliances, sprinkler systems, furniture, portions of burned structures, and machinery. This evidence could show charring or burn patterns that help investigators determine the origin and cause of the fire, which may or may not support a tenant lawsuit related to the fire. It is up to the investigator to decide which evidence must be gathered from the scene.
After fire investigators collect evidence, the next step is to preserve it. NFPA 921, Section 17.3.1.2 states that the responsibility for preserving evidence is with the police, firefighters, and fire investigators. However, improper evidence preservation by first responders and scene contamination could lead to the destruction or loss of physical evidence. This is why firefighter commanders, and later, the investigator should ensure the scene is secure and no unauthorized intrusions are allowed. If a party, such as a landlord, fails to preserve critical evidence of a fire, that could result in an adverse evidentiary presumption in court later.
An independent fire investigation is often critical for determining the cause of a fire, and a tenant claim or lawsuit may hinge on that determination. Working with a landlord-tenant attorney ensures a fire investigation is conducted to provide critical evidence for your case.
If you are making a claim against your landlord for a fire, an independent fire investigation may be a critical part of the case. Tenants who need assistance with a fire claim or lawsuit should contact our Oakland landlord-tenant attorneys at Bracamontes & Vlasak today for a legal consultation at (415) 835-6777.
Were you injured in an Oakland accident recently that someone else caused? California law states that every person who suffered injuries or losses because of another person’s unlawful act can receive financial compensation. Learn about special damages in this article, then speak to our Oakland personal injury lawyers at Bracamontes & Vlasak if you have a case.
There are two kinds of damages in a California personal injury case: general damages and special damages. General damages, also called noneconomic damages, includes pain and suffering and emotional distress compensation.
On the other hand, special damages, also called economic damages, refer to medical bills, lost earnings, and additional out-of-pocket costs stemming from the injury:
Special damages include medical expenses for the past and future. To prove your damages, you must show the medical costs were reasonably required because of the injury, and that you received them.
Medical expenses can be proven to the insurance company or in court by showing medical bills, the medical diagnosis, and medical records. Your Oakland personal injury lawyer can also call your doctor to testify about your injuries. Or, a medical expert witness can provide this critical testimony.
Remember that the medical bill amount that may be paid in a settlement might not be the total amount on the bill. Many health insurance organizations in California contract with other providers at a lower rate. Your attorney will negotiate the best costs for the medical services rendered. Even if you had insurance and your carrier paid your medical bills, you are entitled to compensation for medical specials because you own the policy and paid the premiums.
Lost earnings, lost future earnings, and the inability to earn a living are the other special damages in many personal injury lawsuits. Lost earnings include wages, commissions, bonuses, and other earnings and benefits you would have enjoyed if you were not hurt.
If you have a regular job, you may be entitled to receive this compensation because you could not be at work because of your injuries. Sufficient proof of lost earnings for traditional W-2 employees includes pay stubs, W-2s, and other documents that show your wage or salary.
Loss of future earnings includes what you would have earned at your regular wage or salary if the injury did not happen. This compensation includes benefits, such as Social Security, for lost time. Proving loss of future income requires you to show how long you will not be able to return to your job, and how much you would have earned absent the injury.
Your physician’s testimony usually proves how long it takes to return to your job. They should be able to offer their expert opinion, backed by medical evidence, about what will prevent you from going back to your old job or if and when you can return to work. An economist or other financial expert also can be called to testify to demonstrate what you would have earned.
If you were injured in an accident in Oakland, Montclair, or Glen View, you might be entitled to compensation for your injuries and losses. Contact our Oakland personal injury lawyers at Bracamontes & Vlasak today at 415-835-6777 for a complimentary consultation. If another party caused your injuries, we will fight for the best personal injury settlement or take the case to court.
You can get many types of injuries in an accident in California. But a brain injury is a severe injury that can affect the rest of your life or even be fatal. Common brain injuries in California are outlined below. If you or a loved one have a brain injury after an accident, contact our Oakland personal injury attorneys at Bracamontes & Vlasak, P.C., for assistance.
A concussion is the most common brain injury after a variety of accidents. A concussion is brain trauma that happens because of a sudden momentum change, impact, or change in direction or movement. Many concussions cause a loss of consciousness. However, you may have less severe symptoms, such as difficulty maintaining balance or confusion. If you watch NFL football this has been a big concern in the league with player safety.
Always seek immediate medical attention if you suspect you or a loved one has a concussion. The concussion could get worse, and even a brain bleed is possible.
A brain contusion is a bruise on the brain. This can happen when you have a severe blow to the head. Brain contusions are common in auto accidents and trip and fall cases. While many brain contusions will heal independently, they can also cause serious medical issues. For example, a minor contusion could lead to bleeding on the brain or blood clots.
Coup-contrecoup is a brain injury that causes trauma to both sides of the brain. For example, in a car accident, the brain can be thrown forward into the front of the skull, then rebounds and hits the back of the skull. Many violent car accidents cause serious coup-contrecoup brain injuries, which can lead to brain damage on both sides of the brain.
This brain injury is not caused by a jolt or blow to the head. Instead, it is due to another problem in your body, such as a lack of oxygen, which is called an anoxic brain injury. A brain injury from a lack of oxygen can happen in a medical malpractice case, a fire case from smoke inhalation, near drowning, and other accidents when the brain is deprived of required oxygen or nutrients. There can be severe health consequences if the brain does not receive enough oxygen for a few minutes.
A diffuse axonal injury happens when the brain structure is torn because of head rotation in an accident. This is a severe kind of concussion; you could have serious headaches, seizures, difficulty walking or speaking, and even memory loss. In the most serious diffuse axonal injuries, severe brain injury can lead to coma or death.
This severe brain injury happens when an object penetrates the skull and brain. This is a relatively easy brain injury to identify because of the apparent external injuries. For example, in a car accident, a penetration injury could occur when your head hits something in the vehicle or a flying object penetrates the skull.
If you or a loved one suffered a brain injury in a recent accident, you could be saddled with piles of medical bills and other financial difficulties. The attorneys at Bracamontes & Vlasak, P.C., may be able to obtain compensation for you in a personal injury lawsuit. Contact our Oakland personal injury lawyers for a complimentary consultation at (415) 835-6777.
Children and adults play sports for fun, relaxation, and exercise. But sometimes that fun can turn into tragedy when someone suffers a serious head injury on the field. While there is an understood risk of injury while playing sports, the team, league, coach, or school district must ensure the correct safety procedures are followed.
If you want to avoid head injuries in sports, the tips below will help. But if someone suffers a head injury while playing a sport, the Oakland personal injury attorneys at Bracamontes & Vlasak can help.
Most states today have concussion protocols to protect children and teens from head injuries during athletic events. For example, in California, public, private, and charter school students must have limited full-contact practices. Young players also must be removed from the activity if there is a concussion risk.
The school also should follow ‘return to play’ rules to ensure the athlete does not go back and play too fast. For example, a child diagnosed with a concussion cannot return to the sport without getting a medical clearance.
First, every student-athlete should wear the appropriate safety gear and helmet when engaging in most sports, such as football and baseball. Proper safety gear should also be worn for biking, rollerblading, skateboarding, skiing, and snowboarding.
Second, headgear is the most important thing to avoid concussions and head injuries. Make sure you always wear an approved helmet during sports that require them. You also should not take excessive risks just because you have on a helmet.
Coaches should teach athletes the correct techniques and skills to avoid head injuries. For instance, in football, it is imperative not to lead with your head when tackling. Keep your head up and lead the tackle with your shoulder, not your head or face.
The basic answer is when the doctor says you can play again. Concussions are problematic. You could feel like usual, but your behavior, thinking, and balance could be out of whack. Only your physician can tell if you can return to the field. Your doctor should provide you with a written order that you can go back to sports after your head injury is healed.
You should see your doctor regularly after suffering a head injury in sports. The doctor will see if you still have symptoms and when or if you recover all of your concentration and memory. They also will watch that you do not have symptoms when sprinting, jogging, or doing sit-ups and push-ups.
If you or a loved one suffered head injuries playing a sport, you could have a pile of unpaid medical bills and significant stress and uncertainty in your life. However, in some cases, you may be able to file a personal injury lawsuit to recover damages. For example, if the school allowed your child to go back to the field too soon after a concussion, you could have a case. The Oakland personal injury attorneys at Bracamontes & Vlasak are ready to help, so contact our Bay Area attorneys today.
Accidents can happen at any time and cause severe injury and monetary losses. In some cases, the accident will result in an insurance “policy limits demand” to the insurer covering the person or business responsible for your injury. In California, pending law changes will affect policy limit demands in Oakland and across the state. Please contact our Oakland personal injury attorneys if you need legal assistance involving policy limit demands after reviewing this article.
It is well understood in California that an insurance company should accept a reasonable policy limits demand when there is liability and damages exceed the policy. The concepts of good faith and fair dealing in insurance contracts require the insurer not to expose their client to personal liability if a claim exceeds policy limits.
California Code of Civil Procedure sections 999-999.5, which takes effect on Jan. 1, 2023, establishes critical statutory requirements for making policy limit demands in the state. The purpose of the new law is to lay out guidelines for using time-limited demands within insurance policy limits to settle civil injury lawsuits for auto, motor vehicle, commercial, and homeowner premises liability claims before filing suit.
A time-limited demand means the following, according to C.C.P 999 (b) (2): “an offer before the filing of the complaint or demand for arbitration to settle any cause of action or a claim for personal injury, property damage, bodily injury, or wrongful death made by or on behalf of a claimant to a tortfeasor with a liability insurance policy for purposes of settling the claim against the tortfeasor within the insurer’s limit of liability insurance, which by its terms must be accepted within a specified period.”
The California statute, Senate Bill 1155, sets the following requirements when a claimant makes a time-limited demand. The demand letter must have the following attributes:
When the insurance company receives the policy limit demand, it is authorized by the new law to ask for more information or clarification. Making such a request does not mean there has been a counteroffer or demand rejection. If the insurance company opts to reject the demand, the claimant must be informed in writing before the demand expires and the insurer must state its grounds for rejecting the demand.
If you were injured in an Oakland accident, you may be overwhelmed with bills and uncertainty. Perhaps you have lost months of income and have piles of medical bills on the table. What can you do regarding a policy limit demand in your case?
The Oakland personal injury attorneys Bracamontes & Vlasak, P.C., have the experience and knowledge to get you the compensation you deserve. Contact our personal injury lawyers for a complimentary consultation at (415) 835-6777. Our attorneys serve people who have been injured in Oakland, the Bay Area, and Northern California.
If you are injured in an accident in California, you could be entitled to compensation if someone was negligent. Once the claim or lawsuit has been resolved, you can receive money for your losses. When speaking to a lawyer about your case, there are two major types of damages to be aware of.
Find out below about special damages in a personal injury claim. If you have questions about a case, talk to the Oakland personal injury attorneys at Bracamontes & Vlasak, P.C.
Special damages refer to out-of-pocket costs you incur after an accident caused by someone else. Special damages also can be referred to as economic damages. The idea behind awarding special damages is to put you in the same financial position as before the accident happened.
The most common special damages are:
If the accident affects your ability to earn a living, you could receive compensation. You should receive compensation for the work you lost already. Also, you may be entitled to lost earnings in the future. To show you lost income, you must verify that the injury prevented you from working.
These damages are all medical costs from the moment of the accident and into the future. Injured clients need to realize they may be due medical expenses for weeks, months, or years of treatment, not just for treatment in the past.
There are other costs from an accident you may not think of. For example, what did it cost you in gas expenses to drive to and from the doctor? What did you have to pay for prescriptions?
If you were in a car accident, you could be entitled to having your vehicle repaired or replaced. In addition, if the car contained personal property such as a cell phone or computer, you could be compensated for that.
If you need physical therapy and rehabilitation to regain lost function, you could receive money for those expenses.
You could receive funeral and burial costs if you lost a loved one in the accident. If so, filing a wrongful death lawsuit could be necessary.
Special damages should be calculated. This includes past and future special damages. Your Oakland personal injury attorneys will request your medical and other out-of-pocket expenses. Then, they will add them up with other categories of damages before presenting the negligent party’s insurance company with a demand letter.
Whether you were injured near Oakland Ice Center, Roof Garden, or another Bay Area location, a personal injury attorney can help you get the money you deserve.
Many personal injury lawsuits are settled out of court. The Oakland law firm Bracamontes & Vlasak, P.C., has helped injured clients in northern California for years to get the most special and general damages in their claims. Our attorneys will also fight aggressively for a favorable outcome if your case goes to trial.
Contact our Oakland personal injury lawyers at Bracamontes & Vlasak, P.C., to learn how we can get the most compensation for your personal injury claim. Our attorneys are pleased to serve clients in Oakland, the Bay Area, and Northern California. Please call (415) 835-6777 to set up a free consultation.
Photo Credit – https://www.sfchronicle.com/bayarea/article/Big-SF-landlord-Veritas-sued-by-long-term-renters-13300906.php
Over the past 5 years Bracamontes & Vlasak, PC, as co-counsel with the Law Offices of Greenstein & McDonald, have successfully prosecuted 7 multi-plaintiff cases against Veritas Investments, Greentree Property Management, and Yat-Pang Au, who owns both companies. The lawsuits have alleged that Veritas and Greentree, at the behest of Au, have engaged in an unlawful business plan throughout the City and County of San Francisco, namely, a modus operandi of attempted wrongful eviction (acquiring large, residential, rent-controlled buildings and immediately commencing prolonged, nuisance construction designed to force out long-standing tenants to profit by raising rents to market).
Cases filed and successfully resolved to date by BV Law and G&M include cases spreading over 45 Veritas buildings on behalf of approximately 175 tenants, i.e., McGlynn, et al. v. 634 Powell I5, LLC, et al. (CGC-18-566137), Stoops, et al. v. 300 Buchanan I3, LP, et al. (CGC-18-566646), Evander, et al. v. Veritas Investments, Inc., et al. (CGC-18-570435), Consos, et al. v. Veritas Investments, Inc., et al. (CGC-20-585034), Annison, et al. v. Veritas Investments, Inc. (CGC-20-585904), Belman, et al. v. Veritas Investments, Inc., et al. (CGC-20-585954), and Amoedo, et al. v. Veritas Investments, Inc., et al. (CGC-21-589712).
More lawsuits are anticipated in the coming months. For questions about Veritas Greentree litigation, contact attorney Ryan Vlasak.
October 25, 2022: BV Law files lawsuit for 44 tenants against Hines corporation and 41 Tehama LP for unfair business practices and wrongful eviction in connection with June and August 2022 major water leaks and tenant displacement at 33 Tehama, San Francisco. A link to the Complaint is provided here. Contact attorney Ryan Vlasak at 415-835-6777 for questions about the case.
If you are hurt in an accident, you face tremendous uncertainty. How will you cover your medical bills? What about your earnings? Will you need to file a personal injury lawsuit?
Whether your attorney reaches a settlement or the case goes to court, general damages are one type of compensation you may be owed. California Civil Code 3281 states that every individual who suffers because of an act of another person may be eligible for damages in a lawsuit. Learn more about general damages below, and contact an Oakland personal injury attorney if you have questions.
General damages in a California lawsuit are also referred to as non-economic damages. General damages usually cover:
General damages may be available to you in many personal injury cases. Partnering with a skilled Bay Area personal injury attorney is essential because general damages can sometimes be larger than economic damages. Therefore, having an attorney who can maximize your general damages compensation pays.
Your attorney will have access to recent settlements and verdicts in California, which can be a way to indicate what your injuries might be worth.
General damages are different than economic damages. Economic damages, also called special damages, include:
Past economic damages can usually be easily calculated, but future economic damages can be more complicated to compute, because it may depend on what medical treatment you need in the future or whether or when you are able to return to work and at what job. It’s important that you work with the right attorney and expert(s) to accurately project all your future economic damages if you are significantly injured.
General damages are just as objective and real as special damages but only you fully experienced them (i.e., you know your own pain best). Therefore, it is important that you work with the right attorney who can understand your pain and effectively communicate what you are going through to the defense team on your case or to a jury in court.
For instance, say you are rear-ended at a traffic light and have $25,000 in medical bills and lost wages. These are economic damages that your attorney will attempt to prove with medical bills, receipts, and other documented evidence.
However, your pain and suffering may be more significant than the bills and could include pain and discomfort, inability to enjoy daily activities, and depression over being injured. These damages could be worth far more than $25,000. It all depends on how much pain and discomfort you endure. Also critical is how long it takes to recover.
General damages require the judgment of people to determine. Also required is good listening, communication and advocacy from your lawyer. The Judicial Council of California Civil Jury Instructions states that the jury should rely on their judgment to determine a ‘reasonable amount’ of general damages based on evidence and common sense. Your lawyer should help inform the jury what constitutes the ‘reasonable amount’ for your situation and injury.
Calculating compensation for all damages is challenging and complicated in a personal injury lawsuit. Even with medical bills and lost earnings documented, getting the insurance company to pay can be difficult. And with general damages, your attorney must present a strong case.
It also is essential to have an attorney who is experienced with both settlements and going to court. You never know when an insurance company will dig in its heels and refuse to compensate fairly for your pain and suffering.
General damages may apply to most personal injury claims, depending on the nature of your injuries, including:
Fortunately, there are few cases where general damages are capped in California, with the exception of medical malpractice cases. However, in other personal injury claims, there is no cap on your award.
The lack of a general damages cap for most claims means your attorney can pursue the most damages possible. That is why it is so critical in California to hire an attorney who knows how to determine the full value of your pain and suffering.
Many personal injury lawsuits settle before the case goes to court. The Oakland law firm Bracamontes & Vlasak, P.C., has the skill and experience to get you the most for your personal injury case. Also, if your case goes to trial, our attorneys know how to win the compensation you are entitled to.
Contact our personal injury lawyers at Bracamontes & Vlasak, P.C. to find out how we can help. Our lawyers Michael Bracamontes and Ryan Vlasak are proud to serve Oakland, the Bay Area, and Northern California and work hard to safeguard your rights. Please call (415) 835-6777 to set up a free consultation.
If you have been in an accident caused by another party, you are likely saddled with piles of medical bills, debilitating pain, and lost work time. You need compensation for your injuries and wonder if you must go to court if you file a California personal injury lawsuit.
Many personal injury lawsuits never go to court because the plaintiff’s attorney settles with the insurance company. However, having your case reviewed by an Oakland personal injury attorney is essential to obtain a better idea if your case can settle before a trial. Learn more below about settling or going to court if you file a lawsuit.
When you are injured, going through a trial for weeks or months to get compensation can be daunting. You have so many personal, emotional, and financial issues to confront that you may not want to deal with going to court.
While about 90% of Bay Area personal injury claims settle, it’s best to have a lawyer who is prepared for trial in order to leverage a fair settlement. More aggressive trial lawyers like the lawyers at BV Law go to court more often than other firms because they expect better results for their clients. While your personal injury attorney will most likely be able to reach a fair settlement with the defendant’s insurance company before trial, beware of firms that never go to trial because they will have to take whatever the insurance company offers on your case.
Insurance companies are usually reluctant to offer you a fair settlement, at least right away. That is why they are rich and a lot of people are not. It is essential to work with a personal injury attorney with the skills and experience to win your case in court, if necessary.
Also, there is a difference between making a pre-litigation demand and settling a case after filing a lawsuit. Your lawyer should explain the differences and choose the right strategy for your situation, whether that be a pre-litigation demand, settlement after filing suit, or jury verdict.
If you go to court and the jury finds in your favor (i.e., if you win), you will probably get more compensation than a settlement. A settlement is usually a compromise to avoid risk. On the other hand, juries can favor personal injury victims when they were harmed by a bad actor or large corporation engaged in unfair business practices.
Your case also can bring light and public attention to a social issue that can bring about social change. You may have public policy reasons for a trial, as many settlements entail confidentiality.
Many lawsuits settle before trial because the plaintiff’s and defendant’s attorneys know that going to court is risky. The process can take months, critical evidence could be thrown out, or the decision could be appealed. That is why fewer lawsuits have gone to trial in recent years. As a result, settlements can be less risky and expensive and provide a speedier resolution of your claim.
Many lawsuits result in a settlement before the trial begins. The boutique law firm Bracamontes & Vlasak, P.C., possesses the experience and approach to maximize your personal injury settlement or award. Whether you settle or go to trial, their litigation attorneys are ready to help you.
Contact our Oakland personal injury attorneys at Bracamontes & Vlasak, P.C., to learn how they can help you with your injury case. Attorneys Michael Bracamontes and Ryan Vlasak serve Oakland, the Bay Area, and Northern California and will fight for your legal rights. Please call (415) 835-6777 to set up a free consultation.
During a personal injury claim, you may come across the term ‘joint and several liability.’ It is a legal principle that holds that each individual defendant in a personal injury case can be held individually liable for the entire accident. In California, there are special rules and regulations in place regarding joint and several liability. Below, our Oakland personal injury attorney provides a more comprehensive guide to joint and several liability in California,
A recent report from the National Highway Traffic Safety Administration (NHTSA) found that car accident fatalities hit a 16-year high in the United States in 2021. If you or your loved one is involved in a crash, you need to know how to protect your rights. You may be entitled to financial compensation through a car accident injury claim. One of the concepts to litigating a car accident claim is Delta-V—a scientific formula used to help determine the severity of a crash. In this article, our Oakland car accident attorneys provide an overview of the key things to understand about Delta-V in auto accident claims.
Concussions are one of the most common serious injuries reported in the United States. The Centers for Disease Control and Prevention (CDC) reports that approximately 225,000 people are hospitalized for brain injuries each year. The road to a complete physical, mental, and emotional recovery after a serious concussion can be long and daunting.
On October 1st, 2021, California Gov. Gavin Newsom signed Senate Bill (SB) 447 into law. The bill allows heirs of a victim to pursue general damages (pain and suffering) through a survival action claim. While eligible family members have always been able to recover general damages for loss of companionship, guidance, and comfort through a wrongful death claim, general damages were previously not recoverable through a survival action claim.
Traumatic brain injuries (TBIs) are among the most common serious injuries reported in the United States. According to the Centers for Disease Control and Prevention (CDC), concussions and TBIs are a ‘silent epidemic.’ There are approximately 4.5 million TBIs nationwide each year. Nearly 225,000 brain-injured victims require extended hospitalization and, tragically, 60,000 lose their lives.
In California, property owners and property occupiers have a legal responsibility to ensure that premises are in a reasonably safe condition to avoid personal injury to guests. You may be wondering: What happens if an injury occurs on residential property, does the homeowners’ policy cover the claim?
The Fair Employment and Housing Act (FEHA) is a California state law that protects employees against workplace discrimination, harassment, and retaliation. For most of its history, FEHA had a strict one-year statute of limitations. Employees had to act quickly to protect their rights.
A serious accident can bring your entire life to a screeching halt. In California, injured victims have the right to seek compensation for economic and non-economic damages from the at-fault party, including for pain and suffering. The terms pain and suffering are explained in the California Civil Jury Instructions (3905A). By definition, pain and suffering is intangible damage. It is meant to cover the real, but hard to define loss associated with physical pain and mental trauma.
According to a report from Reuters, the 9th U.S. Circuit Court of Appeals has ruled in favor of employees in a dispute over the validity of California’s bar on forced arbitration provisions in most employment contracts. In the case of Chamber of Commerce of the US, et al v. Rob Bonta, et al, the appeals found determined that California’s state law does not violate the Federal Arbitration Act. Here, our Oakland employment law attorneys provide a more detailed overview of the decision.
According to the Centers for Disease Control and Prevention (CDC), motor vehicle collisions are one of the leading causes of concussions in the United States. A concussion is a brain injury caused by a blow to the head or the violent, forceful shaking of the body.
Medical leave is a leave of absence that an employee takes to deal with the effects of a health condition. In California, a worker may be legally entitled to guaranteed medical leave. This raises an important question of if your employer can fire you while you are out on medical leave. Technically speaking, the answer is yes. This is only true, though, if the reason for termination is wholly unrelated to the medical leave. In this article, our Oakland employment lawyers explain the most important things workers need to know about state and federal medical leave laws. (more…)
A car crash can change your entire life in a matter of seconds. It can leave you with stacks of medical bills, missing paycheck, and severe pain and suffering. You need money to repair your vehicle, cover your bills, and support your family. This raises an important question: Can you sue another driver’s insurance company after an accident? (more…)
Having automobile insurance in San Francisco is a wise idea and an important one that will protect you when you are hit and injured in a crash, or if you hit another party on the road. It is impossible to get in your car to go to work, run an errand, take your child to school, or go on a road trip, and know for certain if you will be in a Bay Area car accident.
What You Need To Know About The Statute Of Limitations For Personal Injury Lawsuits In California
A serious accident can change your entire life in a matter of seconds. Injured victims need financial compensation to pay hospital and medical bills, cover lost income, and support their families. In California, you have the right to file a personal injury lawsuit against any defendant(s) who were at fault for your accident.
The National Highway Traffic Safety Administration (NHTSA) reports serve as another unfortunate reminder of how often excessive speed causes serious accidents. For some, this may seem like common sense but when you look at the data on how speed corresponds not only with more serious injuries but also more accidents, it is eye-opening.
Many people work as Uber drivers on a part-time or full-time basis in California. A recent report estimates that approximately 210,000 people drive for Uber at least once per quarter in the state. With so many Uber vehicles on the road, some ridesharing accidents are going to happen. You may be wondering: What are my rights if I am injured in a crash while working as an Oakland Uber driver? Here, our Oakland personal injury lawyer explains what you need to know if you were injured in an accident as an Uber driver in California. (more…)
Following a major accident, injured victims need monetary compensation to pay their bills and support their families. In California, you can file a personal injury lawsuit to seek financial relief for the full extent of your losses. Personal injury damages fit into two primary categories: (more…)
Dealing with a personal injury can take a serious emotional and financial toll on a victim and their family. Following a serious accident, you need monetary support to cover your medical bills, lost wages, and other damages. In California, you have the right to recover compensation for both economic and non-economic damages from the at-fault party.
In the fall of 2019, California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law to protect independent contractors in California. The primary goal of the legislation is to ensure independent contractors are properly protected under state and federal employment laws. Here, our San Francisco employment law attorneys explain the key things workers need to know about how new California laws protect independent contractors. (more…)
Tenant rights protect renters from unlawful acts by unscrupulous landlords. In California, residential tenants have important legal rights. You may have questions about your rights under state or local law. Whether you are a couple days late on your rent, trying to get your landlord to make a basic repair or fighting to get your full security deposit back, it is crucial you know how the law protects you. In this article, our San Francisco landlord-tenant law attorneys highlight four (4) key things to know about tenant rights in California.
Losing someone you care about is heartbreaking, especially when it is a wrongful death caused by someone else. Under California law (California Code of Civil Procedure § 377.30), eligible family members of the deceased victim can bring a wrongful death suit against the at-fault parties to get justice and economic support. During such a difficult time, you may want to know: How much compensation can be recovered in a wrongful death lawsuit?
We need to know the statute of limitations for medical malpractice in California because we put a lot of faith into the hands of doctors and medical providers. Unfortunately, in far too many cases, medical professionals fail to live up to their responsibilities. Every year, tens of thousands of patients in California suffered harm due to medical negligence.
In the fall of 2019, California Gov. Gavin Newsom signed AB 51 into law which is essentially the California Ban on Mandatory Arbitration Agreements. The legislation bars companies and organizations from resolving most types of employment law claims through forced arbitration. The bill is strict — it even includes the possibility of criminal penalties for employers that violated that law. Read on for more on California arbitration rules.
Did you or your loved one sign a nursing home agreement containing a pre-dispute, mandatory arbitration clause? If so, you may be wondering if the nursing home arbitration agreement be enforced? The answer is it depends on the specific circumstances — a forced arbitration clause may be binding, but only if specific conditions are met. Here, our San Francisco nursing home injury lawyers explain what families need to know about the enforceability of nursing home arbitration agreements in California. (more…)
What is a fair severance package in California? This is a question we get a lot at our Oakland law firm. Leaving a job is never easy but when you do you may have to negotiate a severance agreement in California. Whether it is due to a lay-off, corporate restructuring, or differences in vision, the transition to a new position always presents challenges. A severance package — generally defined as benefits paid to an employee when they leave a company — helps to provide some relief during the transition.
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Nothing is more traumatic than the loss of a loved one. While a wrongful death claim can never truly make things right, it does allow family members of the deceased an opportunity to receive justice, accountability and financial support. There is also a similar (but distinct) type of legal action called a survival action claim.
The biggest question tenants have during the COVID-19 quarantine is, “What do I do if I cannot afford the rent?” The State of California recently enacted a moratorium preventing landlords from filing evictions based on nonpayment of rent. That means, if you cannot pay your rent at this time, the landlord will not be able to file an eviction lawsuit against you until the quarantine is lifted. With that said, landlords are still able to file evictions to protect public safety and health. Examples of this would be permitting a nuisance to exist in the unit, i.e., illegal activity, fire hazards, or other dangerous conditions
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Were you injured on public property in Northern California? If so, you have the right to bring a premises liability claim to seek financial compensation for your injuries-but there are some special rules and regulations that apply. Most likely, your case falls under the California Tort Claims Act (CTCA). Here, our San Francisco premises liability lawyer explains three of the most important things you need to know about accidents on public property.
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Bracamontes & Vlasak, P.C., is a Bay Area litigation practice for plaintiffs with offices in Oakland and San Francisco. We focus on the rights of individuals and families, whether as injury victims, employees, tenants, consumers or citizens. We fight so that you don't have to.
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