I Fell Because The Premises Were Unsafe. Who Is At Fault?

UNSAFE PREMISES LIABILITY CASE ANALYSIS

FACTS OF THE CASE:

Plaintiff was leaving his girlfriend’s apartment. Plaintiff started to descend the common-area staircase and with approximately four or five stairs before the bottom of the staircase, plaintiff stepped on a non-set tile which caused him to lose his balance. The size of the tile was approximately six and a half inches squared. The tile was not glued or affixed in any way to the staircase structure. Plaintiff then attempted to grab onto the railing to prevent himself from falling, however, there was no railing at that point in the staircase. There was a “temporary” railing constructed with “2 by 4” lumber but the railing ended with about four steps to go on the staircase. Therefore, there was nothing for Plaintiff to grab onto.

To further complicate the matter, the staircase area was poorly lit. There were two lights on the wall near the staircase. One of the two lights had plants hanging on it which obstructed the lighting. Pictures taken after the accident indicate work was being performed on the staircase, however there were no signs advising of this.

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INJURIES:

Upon falling Plaintiff hit his knee, hip, shoulder, neck, and head on a step and then on the ground. Plaintiff’s girlfriend immediately took him to the nearest hospital emergency room. Plaintiff was treated and released with pain medication, however, the next day Plaintiff returned to the Emergency Room due to intolerable pain. The Emergency Room prescribed an MRI and gave the Plaintiff Vicodin ES to help with the pain. The ER’s diagnosis was “rotator cuff strain, right shoulder strain, and left knee strain”.

Plaintiff’s doctor referred Plaintiff to an Orthopedic Specialist who examined Plaintiff and conducted further x-rays.  He diagnosed Plaintiff with 1) Severe cervical musculoligamentous sprain, 2) cervical radiculitis, rule out brachial plexus injury vs. thorasic outlet syndrome, 3) shoulder tendinosis of rotator cuff, 4) hip sprain, and 5) post-traumatic stress syndrome. He recommended a shoulder MRI as well. As per the doctor’s request, Plaintiff went to see a Neurologist.

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LIABILITY:

A visitor of an apartment complex has the legitimate expectation that the tiles on a staircase would be affixed without moving. Construction work requires warning signs, which was nowhere to be seen.

CONCLUSION:

THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

 

“He Was Following My Vehicle Too Closely”

CAR ACCIDENT ANALYSIS

FACTS OF THE CASE:

Plaintiff was stopped, waiting for traffic, in his Toyota  facing southbound on Western Avenue. Defendant was driving her  Mercedes and rear-ended Plaintiff’s vehicle. Defendant was in violation of Vehicle Code section 21703, “following too closely”. Plaintiff sustained injuries as a result of this collision and sought medical care as outlined below.CLIP0086 001

 

 

 

 

 

LIABILITY AND PROPERTY DAMAGE

Plaintiff was rear-ended. Defendant does not contest liability. Plaintiff’s property damage was estimated by AAA Insurance, Defendant’s carrier, in the sum of $6,466.33 and paid for by Defendant’s carrier.

NATURE AND EXTENT OF DAMAGES

As a result of the major impact, Plaintiff’s shoulder, elbow, and head hit the interior portions of his car. Immediately after the collision Plaintiff was in severe pain and sought treatment with his doctor  on the same day of the accident. His complaints were headaches, neck pain, bilateral shoulder pain, mid, low, and upper back pain, and “loss of focus”. Plaintiff was diagnosed with: Post traumatic headaches; Acute pain due to trauma; Cervicocranial syndrome; Cervical neuralgia; Cervical spine sprain; Lumbar plexis disorder; Lumbago; Lumbosacral sprain; Thoracic spine pain; and Compression fracture of the lumbar spine. Plaintiff was given a back brace to wear for his back pain.

Due to the increased pain, patient was referred to an Orthopedic Specialist where the above diagnosis was confirmed (after MRI’s were taken) including the L1 compression fracture. Plaintiff was prescribed Ultram and TLSO to control the low back pain. Upon follow up, the doctor reported that Plaintiff still had pain radiating to his left lower extremity and that Plaintiff was at risk for developing “painful kyphotic deformity” at the compression level with an increased likelihood of “painful segmental lumbar arthritis”.Doctor-treating-woman pic

During the collision, Plaintiff’s head struck the headrest with severe force.  As a result of the recurring headaches, “loss of focus” symptoms, mind and vision “foggyness”, and as per the recommendation of his doctor and orthopedic specialist, Plaintiff sought evaluation and treatment from a Neurologist. The Neurologist reported that he was concerned about “episodic alteration of mentation” where Plaintiff feels “foggy” and experiences near fainting episodes. He recommended Excedrin for the headaches and extra rest to help prevent the above neurological complaints.

RESIDUAL PAIN AND FUTURE MEDICAL BILLS

Plaintiff is still suffering from residual lower back pain that radiates to his left leg as well as recurring headaches. As a result, Plaintiff is no longer able to play basketball and tennis as he was accustom to. Plaintiff still has difficulty carrying and tending to his small children. Driving for prolonged periods and performing simple household tasks are still difficult and painful.

CONCLUSION:

This case was settled out of court, and the client got the money they deserved!

Ari Friedman
Personal Injury Lawyer
Afriedman.com

Obtaining Workers’ Compensation From Companies

Los Angeles workers compensation attorneys

Los Angeles attorneys

Employers are liable for the safety of the workers that they appoint to work for them. Most of the work environments involve hazards, so it is important that the employers take necessary precautions in their work places to guarantee maximum safety for their workers. However, accidents do happen in workplaces, and once that happens, the workers will be able to claim compensation packages from the company that they work for.

Obtaining compensation from the company is not a simple task, and more than often enough, you might be required to take the help of a workers compensation lawyer. Courts in Los Angeles deal with workers compensation cases quite extensively. The Los Angeles workers compensation attorneys are among the best in the country, and are known for their ability to negotiate deals with the companies, which are beneficial for the workers.

Getting the correct advice

Whatever be the case that you are involved in, it is important that you obtain the correct and best legal advice possible. Therefore, make sure that you hire the best workers compensation attorney in Los Angeles, so that you will be able to build a solid case. While selecting a workers compensation attorney, ensure that you find an experienced lawyer. A lawyer’s experience will play a crucial role if the company agrees for a settlement outside of court.

All major companies have their own legal teams who take care of the legal matters that affect the company. Dealing with workers compensation is also a part of their work and as such, to even stand a chance to claim your compensation, it would be vital for you to secure the services of a top workers compensation lawyer.

best legal advice

workers compensation attorneys

Often, the employers are reluctant to pay up the compensation that they owe to the workers due to fear of being taken advantage of by the workers. They will always try to negotiate the deal and in all probability will only agree to pay the compensation if the money involved is significantly less than the sum you asked for at first. It is therefore, pretty much clear that you require to secure the services of any one of the top Los Angeles workers compensation attorneys.

The information given here will help you in the process of dealing with your employers for compensation. Ensure that you get the maximum compensation possible from your employers.

Distinguishing Between Domestic Battery And Domestic Assault

Battery definition law

Definition of battery

There are different forms of violence, and for deciding the correct punishment to give for each crime, there is a need for classifying and defining them clearly. Giving such clear definitions will enable courts to award fair judgment in each case that they come across. Two such terms, which require clear-cut definitions to be given to them, are Domestic Battery and Domestic Violence. Often these two words are used interchangeably in conversations, but when settling a legal matter, the parties involved cannot afford such confusions. The battery definition law gives a clear definition of both these terms, which are briefly explained below.

Domestic Battery definition

Domestic Battery is, in simple terms, actual physical abuse. Such violent acts will leave some sort of mark on the body of the victim, in the form of cuts and bruises. If an act by a person results in an injury to another person, then that act is also referred to as battery. Domestic Battery refers to those acts that take place within the confines of a home. It includes violent acts of crime such as choking, pushing, slapping and punching. If a person was to throw an object or use weapons to attack, then that act of violence will also be called as battery. These types of attacks might warrant a bigger punishment from the courts though, as some additional charges may also be filed against the perpetrator.

Domestic assault

Assault can be referred to as an introduction to the actual Domestic Violence or battery. If a member of your family was to send you threats, intimating a future violent attack, then this act can be classified as domestic assault. It should be noted that, to classify an act as a domestic assault, the person issuing the threat should have the resources to carry out that threat.

legal knowledge

battery definition explained

It also needs to be noted that the punishment awarded by the courts in battery and assault cases varies from one state to another. The crime of battery, in some states, it is considered as warranting serious punishment, whereas in other states, they elicit less severe penalties.

The battery definition law ensures that not all individuals who commit a battery crime go unpunished. It is important to know the definitions of these crimes, as this will improve your legal knowledge.

Exclusionary Rule Defined

Define exclusionary rule

Exclusionary rule explained

The exclusionary rule is a legal principle that protects individuals from improper search and seizures. Legal experts define exclusionary rule as a legal principle that excludes evidence obtained through illegal search and seizure. This rule was designed with the intent to check misconduct by police officers and government officials.

Source

The Fourth Amendment of the United States constitution is the source of the exclusionary rule. In short, the Fourth Amendment define exclusionary rule as a legal principle that protects a person’s house, documents and personal assets from being searched and seized unreasonable and illegally. In addition, the Fourth Amendment clearly states that no warrant may be issued without any probable cause. This way the exclusionary rule serves as a remedy to prevent any violation of the Fourth Amendment.

Fruit of the poisonous tree

The ‘fruit of the poisonous tree’ doctrine has a major impact on the way the exclusionary rule can be manipulated in criminal cases. This doctrine excludes from trial not only the illegally obtained evidence, but it also excludes any piece of evidence that was obtained because of the original illegal piece of evidence. The illegally obtained evidence obtained originally is the ‘tree’ and any other evidence or ‘fruit’ that the tree produces is excluded from trial in court.

Breaking the casual chain of evidence

The ‘purge taint doctrine’ allows an individual to break the casual chain of events and brings forth new evidence that is not connected to the ‘poisonous tree.’ By voluntarily producing new evidence, it is possible for an individual to purge the taint of the illegally obtained evidence.

Exceptions to the exclusionary rule

Exclusionary rule and its exceptions

Exceptions to the exclusionary rule

Even though the exclusionary rule clearly excludes from court any evidence that was obtained illegally, there are certain exceptions wherein such evidence will be allowed. One such exception is the ‘good faith’ exception. Here the officers obtained the evidence relying on the search warrant in good faith and realized that warrant lacked probable cause only much later on. In such an instance, the evidence obtained will still be allowed in court. The ‘plain view doctrine’ is another exception. Here, officers are permitted to seize any evidence within their plain view even without a warrant and such evidence will still be admissible in court. The ‘inevitable discovery’ doctrine is the third exception. This doctrine allows in court illegally obtained evidence that could have otherwise been obtained through a regular police investigation as well.

For more info on the exclusionary rule, its different aspects and the various exceptions, avail the services of an attorney who has experience handling such cases.

A Short Note On The Duties Of A Criminal Defense Lawyer

Criminal defense lawyer Los Angeles

Criminal defense lawyers in California

Most people associate lawyers with doom and gloom. It’s true that almost everyone’s wary of lawyers, but most people fail to realize that it’s these same lawyers that help them to prove their innocence. But then, though a lawyer’s job might be hectic and tiring, no one can deny that it usually pays highly. There are many fields where a lawyer can ply his expertise, and one such field is the area of criminal defense. Criminal defense is one such area, where if a lawyer manages to make enough of a name, he will be paid millions per year. Here are some details on how to become a criminal defense lawyer Los Angeles can be proud of.

Educational qualifications/ requirements

It is imperative that those aspiring to become a criminal defense lawyer be willing to work hard in college. Those who score high marks are usually selected to join good law firms and from there, they’re able to build a career in law. The qualifications that are required for an individual to become a criminal defense attorney in Los Angeles include a graduate degree from an American Bar Association-accredited law school, and passing the bar exam conducted by the state. If a person wants to practice in both state and federal courts, then he or she should pass this bar exam.

federal prosecutor

Los Angeles criminal defense lawyers

Criminal defense is a field that requires extensive knowledge in a wide variety of fields. This is also a field where a lawyer needs enough experience to prosper. Most of the criminal defense lawyers who are currently practicing have a background involving working in the office of a state or federal prosecutor. Working in the office of a prosecutor provides a great experience to those who are trying to be criminal defense lawyers themselves. They will be able to get a first hand experience and will be able to analyze the weak links in a case presented by the prosecutors.

These are some points that will help you in becoming a criminal defense lawyer Los Angeles can be proud of. But then, criminal defense lawyers are often the reason why innocent people who are convicted of crime, go unpunished. Remember that, these lawyers have a responsibility to the society too. So it’s not just the laws, but also the ethics that should guide you.

Guide To File A Motion In A Criminal Court In Orange County

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Criminal defense lawyers

Located in the 9th Judicial Circuit Court, Orange County follows the Florida Rules of Criminal Procedure. A motion is a way of requesting the court to do something in order to advance your case. Generally, motions are filed before the trial begins. Such requests should be put in writing according to a specified format and should also be in no way unfair to your legal opposition.

Filing a motion in a Criminal Court in Orange County

  • According to state regulations, while drafting a motion it should include the file number of the criminal case and the name of the court in which you are making the motion. Both parties in the case should be named, that is, the name/names of your clients as well as prosecuting jurisdiction.
  • Make a strong argument in favor of your motion and list all statute law precedents and pertinent case laws to get your motion granted. The motion should be styled in such a way that the judge can easily identify what you are seeking. Either motions can be filed by the defendants themselves acting pro se to defend themselves or alternatively they can avail the services of a licensed criminal defense attorney Orange County. The law should be in support of the motion.
  • The original motion should be filed with the clerk of court. A copy of the motion should also be mailed or posted to the opposing lawyer in the case. If you are the prosecution and the defendant is representing himself, then you can mail the motion to the defendant himself. Enquire with the clerk about the filing and service fees that are applicable.
  • Discuss with the opposing counsel and schedule a mutually agreeable time for the hearing. Arrange for a motion hearing with the clerk court at this decided time.

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    Criminal defense lawyers in Orange County

  • Request the court clerk for a ‘Notice of Hearing,’ complete the form and then file it with the clerk. A minimum 5 days of notice period should be given to the opposing counsel.

Follow the above steps to file a motion in a criminal court in Orange County. It is always preferable that you avail the services of a criminal defense attorney Orange County who can guide you through the necessary procedures. For more information on the different aspects of filing such a motion, refer legal resources that are available online or check out the law section of your local library.

Guide To Choose A Criminal Defense Attorney

Criminal defense lawyer Los Angeles, Criminal Defense Attorney

Criminal defense attorney in Los Angeles

If you find yourself accused with false criminal charges, then avail the services of a criminal defense lawyer Los Angeles who can prove your innocence for you.

How to choose a Criminal Defense Attorney?

  • Contact your local Bar Association to get a referral. These organizations generally have services that will give you a list of names or one that lets you look for attorneys based on their specialization.
  • While looking for a criminal attorney, look for a lawyer who has experience handling cases such as yours. If you were accused for driving under influence (DUI), it would not do you any good to seek the services of a family law expert with little or no experience in trial.
  • Think about how you would like the trial to end. If you want all the charges cleared, then look for a lawyer with a track record of proven court room victories. On the other hand, if you simply want to cut the best deal possible, look for lawyers who have experience in plea bargaining.
  • Before you choose a criminal defense lawyer Los Angeles, ask questions. Ask him about his previous cases, how long he has been practicing, where he studied. Enquire about his charges and also how much you are expected to pay up front. Also ask him if would be the one handling your case or if it would be passed on to an associate.
  • You do not have to hand over your case to the first attorney you consult. Meet up a few more lawyers. If you know any lawyers, ask them to recommend their colleagues who can handle your case well.

    Criminal defense lawyer Los Angeles, Criminal Defense Attorney

    Criminal defense lawyers

  • After you have shortlisted the lawyers, do a little background check through the internet. Check with the Bar Association to see if they are licensed and whether they have any disciplinary records against them. Also, check if they carry malpractice insurance. Compare the different lawyers and their prices before you make a choice.
  • Last but not the least, ensure that you are comfortable working with the lawyer of your choice. This does not mean that you have to like them, but they should be able to explain to you all the different aspects of the case, the best way to proceed and the consequences you may have to face.

Now you know how to choose a criminal defense lawyer Los Angeles. Keep these tips in mind while on the lookout for a criminal defense attorney who can best represent you.

Necessary Qualifications Of A Criminal Defense Lawyer

Criminal defense lawyer Los Angeles

Criminal defense attorney in Los Angeles

Being a criminal defense lawyer is an arduous and challenging task. In addition to intense hard work and time investments, a criminal defense lawyer requires certain other qualifications as well in order to succeed in his/her career as a criminal defense attorney. A license to practice law, communication skills and critical thinking skills are only some of the many requirements for doing well as a successful defense lawyer. The flowing article describes these skills in brief.

License to practice

For practicing as a criminal defense attorney, the most important requirement is a license to practice law. In order to attain a law license, an individual should have seven years of post-secondary education. An individual should first get an undergraduate degree and then go on to receive a jury’s doctor degree from a reputed law school. In order to become familiar with criminal procedural laws, an aspiring criminal defense lawyer should choose criminal law and criminal procedural classes during law school. After successfully completing law school, he/she should clear the bar exam in order to get the license to practice law.

People skills

A criminal defense lawyer should have a good set of people skills. He should be able to interview the clients and interact with them; that is he should be able to communicate effectively. He should be patient enough to listen to the clients’ side of the story and discuss with him the various options so that he can take an informed decision. He also has to engage in various discussions with different judges and assistant district attorneys.

Criminal defense attorney

  Skills of a criminal defense lawyer

Critical thinking skills

Be it criminal defense lawyer Los Angeles or Arizona, critical thinking skills are an indispensable necessity. Critical thinking skills are important because a trial brings out a lot of information that can sometimes even entirely change the strategy of the trial. For example, the defense attorney can either object when the prosecutor requests hearsay from a witness or he may lose the ability to appeal. In case the evidences by the prosecution were obtained in violation of the search and seizure rules, then it is up to the defense attorney to think up ways in which this evidence can be suppressed. Hence, the thinking capability of the defense lawyer plays a very decisive role in shaping how the trial proceeds.

These are some information on the different skills that a criminal defense lawyer Los Angeles should possess in order to be successful.

Legal Definitions Of Assault And Battery

Battery definition law

Battery definition

Have you ever been treated in a violent manner by anyone? If so, then it is perfectly within your legal rights to sue the person responsible in a court of law. However, before you set out to file a case against that person, you need to understand some legal definitions, so that you will be aware of the situation that you are about to place yourself in. The battery definition law clearly gives an idea regarding what types of conduct can be classified as acts of battery and assault. If you had to suffer a brutal experience from other persons, then you are entitled to financial compensations that would help you to cover the medical bills incurred. You might even get a bigger sum if you were able to convince the judge or jury that you had suffered a great deal of mental anguish because of the conduct of the defendant.

Assault definition

Assault, even though the name might be misleading to some, need not necessarily involve a physical contact. It is a threat to the well-being of an individual, and that threat is relayed to this person by the offender. If you have ever been delivered a threat for not agreeing to some unreasonable or unjust behest, then you can file a case against that person in a court of law, citing assault as a reason. After an assault, the victim would feel fear and concern for his or her physical or mental well-being. Such threats are usually carried out with the help of weapons such as guns and knives, which could leave the victim in fear for his or her safety.

financial compensations

definition of battery

Battery definition

It is usual for people who are not aware of the legal definitions to mix up the terms “battery” and “assault”. However, when it comes to matters of the law, these two terms are widely different, and as such, care must be taken in order not to confuse their meanings. Battery can be, in simple terms, defined as the after-effect of assault. Assault is a threat to harm another individual, and battery is the action that results in harming the individual.

The battery definition law clearly states that for an action to be considered as battery, physical contact should have taken place between the concerned parties. It is important that one understand the legal definitions of such terms, so that they are not taken advantage of by other people.