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Showing posts from April, 2023

Comparative Negligence in Personal Injury Cases under California Law

In a personal injury case, the concept of comparative negligence comes into play when both the plaintiff (the injured person) and the defendant (the person accused of causing the injury) contributed to the accident in some way. California is a comparative negligence state, meaning that the amount of damages that the plaintiff can recover will be reduced by their percentage of fault in the accident. How Comparative Negligence Works Let's say that the plaintiff was injured in a car accident and sued the defendant for damages. The court determines that the plaintiff was 30% at fault for the accident because they were driving slightly over the speed limit. The defendant was 70% at fault because they ran a red light. If the plaintiff was seeking $100,000 in damages, their recovery would be reduced by their percentage of fault. In this case, the plaintiff would only be able to recover $70,000 (70% of $100,000). Pure Comparative Negligence vs. Modified Comparative Negligence There are two

California Personal Injury Law: The Importance of Evidence in an Automobile Accident

Car accidents can be incredibly stressful and traumatic experiences, and the aftermath can be overwhelming. In the state of California, personal injury law allows individuals who have suffered harm due to another party's negligence to seek compensation for their damages. However, to successfully pursue a personal injury claim, you must have sufficient evidence to prove the other party's fault. Evidence is crucial in a personal injury case, as it provides the basis for your claim. The more evidence you have, the stronger your case will be. Here are some types of evidence that can help support your claim: Police Report: After an accident, it is essential to call the police and file a report. The police report will contain important information about the accident, including the date, time, location, and the parties involved. The report will also include the officer's observations and any citations or charges issued. Witness Statements: Eyewitnesses can provide valuable testi

Reasons that can lead to wrongful termination in California

Wrongful termination is a serious issue that can have a significant impact on an individual's career and financial stability. Under California law, there are several reasons that can lead to wrongful termination, including discrimination, retaliation, and breach of contract. Discrimination is one of the most common causes of wrongful termination. This occurs when an employer terminates an employee based on their race, gender, age, religion, or other protected characteristics. It is illegal to discriminate against an employee in any aspect of employment, including hiring, promotion, and termination. Retaliation is another common cause of wrongful termination. This occurs when an employer terminates an employee in retaliation for engaging in a protected activity, such as reporting discrimination or harassment, filing a workers' compensation claim, or taking time off under the Family and Medical Leave Act. Breach of contract is another possible reason for wrongful termination. Thi

California Employment Law: The Importance of Accurate Time Cards

As an employee in California, it is important to keep track of your working hours and ensure that you are being paid fairly. One way to do this is by checking your time card regularly for accuracy. Under California employment law, employers are required to keep accurate records of their employees' working hours and pay them accordingly. This includes tracking regular hours, overtime, meal and rest breaks, and any other time worked. Employees are entitled to receive payment for all hours worked, and any discrepancies in their time cards can result in unpaid wages. Checking your time card regularly can help you identify any errors or discrepancies in your pay. This can include missed meal or rest breaks, unpaid overtime, or incorrect hours worked. By catching these errors early, you can ensure that you are receiving fair compensation for your work. In addition to protecting your own rights, checking your time card can also help prevent employer misconduct. Unfortunately, some employe