As each state, California also has its own set of medical malpractice laws, and it is important for patients to understand them and know how they can affect his case.

• Statute of Limitations for Filing a Medical Malpractice Lawsuit

According to California law, an injured party must file his lawsuit within:

• three years of the date of the injury or
• one year from the date of which the injury was discovered.

From a practical perspective, a claimant has only one year from the date of the medical treatment to bring an action on the case. There is an exception for children under 6-year-old whose parents or guardians have 3 years after the date of the injury to file a medical negligence lawsuit.

Exceptions Which Toll the Statute of Limitations "Clock"

• The health care provider's concealing or fraudulent actions essentially hid the medical mistake
• The case arose from the accidental leaving of a foreign object in a patient

Sending the Notification to the Defendant

California law also requires the plaintiff to notify the defendant 90 days before filing a medical malpractice lawsuit. The plaintiff must send the following information to the defendant:

• The legal basis of the medical malpractice claim
• The type of loss
• The nature of the injuries

• Expert Testimony for Medical Malpractice Cases

In California, an injured plaintiff is not required to file a certificate or affidavit of merit to verify the validity of a medical negligence case. However, expert testimony is always required in medical malpractice cases to establish the standards of care to which medical specialists are held in the precise area of the medical healing arts which is in question and to decide whether the defendant who has acted negligently and failed to live up to the standards.

• Statutory Caps for Medical Malpractice Lawsuits

Statutory caps include limits or restrictions on the amount of the damages the plaintiff can recover in a medical malpractice lawsuit. In the state of California, a plaintiff can't recover more than $250,000 for non-economic damages such as:

• pain and suffering
• physical impairment
• loss of enjoyment of life
• loss of consortium.

It is important to mention that this cap has no bearing on "economic" losses such as:

• past and future medical care
• lost earnings
• lost ability to make a living and
• other financial losses

California also limits the amount of money that an attorney can charge based on a sliding scale which is a function of the total damages award that the plaintiff can collect.

• Comparative Negligence Laws

California is a pure comparative negligence state, in which the fault is proportionally allocated among all parties and the damage awards are reduced proportionally.

Medical Malpractice Video

/wp-content/uploads/2019/12/output_HD7206-1.mp4 If you have suffered a medical malpractice injury, we invite yo to contact our experienced lawyers at KAASS Law who are familiar with the details and procedures involved with filing a medical malpractice claim in California. If you are serious about the situation, you must act before the statute of limitations is up.

In California, a government entity can be liable for negligent or intentional acts of its employees committed by a private individual or company. In case a person has injuries as a result of some governmental action, there are some certain rules he must follow to successfully establish his legal rights.

Examples of Claims Against a Governmental Entity or Agency

The government entity or agency that is responsible for the employee, property, or carrying out a duty in a California Tort Claims Act suit is usually the government entity or agency that is responsible for the employee, property, or carrying out a duty. The CTCA covers state, county, and local government agencies and departments, as well as city and municipal government agencies.

• claim against public hospitals for malpractice
• claim against a bus company
• claim against the Highway Patrol
• claim against cities

Statute of Limitations for Filing An Injury Claim Against the Government of California

According to California law, there are very strict deadlines to sue the government. A person must file a claim within six months of the date of his injury if he intends to sue a governmental entity or agency in California. In case the claim is not filed within the six-month period, it will be barred by law. This rule is also applicable to minors. Though in some certain limited cases a person can obtain relief from the court to file a claim within 1 year after the injury.

How Do I File a Claim Against the Government in California?

The damage victim must send notice of his or her claim to the State of California, a county government, or a municipal government agency in order to file a claim against them. 6 This could include submitting a report or sending a letter that serves as notice if it meets all of the relevant criteria. Many agencies and towns, on the other hand, provide claim forms that individuals can fill out to notify them of a claim.

What Information Needs to Be in Government Claims?

Government claims in California must include the following:

• Claimant's name and address
• Name and address of the person to whom notices must be sent
• Place, date and circumstances of the accident
• A detailed description of the claimant's injury and damages
• Identity of the responsible public employee (if known)
• Amount of the claim

If you don't submit all of the information that is a requirement, they may reject your claim. Other reason could be if you didn't file a claim within the time limits.

What Damages Can a Claimant Recover in a Case Against the Government?

You have two options for resolving your federal government dispute. First, you'll have the opportunity to negotiate an out-of-court settlement with the government attorney assigned to your case during the administrative claim procedure. If you file a case in federal court, you'll get a second chance to bargain with a new team of lawyers from the Department of Justice. A claimant is entitled to recover damages against the government in the same manner as he would be allowed to recover against a private company, including:

• past and future medical expenses
• past and future wage loss
• past and future pain and suffering

There are two major exceptions in recovering damages in a case against the government:

• A person can't recover punitive damages against the public entity. Though a public employee can still be responsible for punitive damages
• A government entity can elect to pay judgments that exceed $500,000 by making partial payments over a ten-year period.

Glendale Personal Injury Lawyer

If you have been injured as a result of governmental negligence, then you may be entitled to compensation. If that is the case, contact our Glendale lawyer today for a consultation and case review. This type of lawsuit is an extremely complex legal process. Please feel free to give our office a call at {meta.phoneFormatted}.

According to the Fair Debt Collection Practices Act (FDCPA) it is unlawful for the debt collector to use unfair, abusive, or deceptive practices when collecting debts. Types of debt that are covered under the FDCPA include:

• Credit card debt
• Medical bills
• Auto loans
• Student loans
• Mortgage and other household debts.

Business debts are not covered under the Fair Debt Collection Practices Act.

According to the FDCPA Can a Debt Collector Legally Contact a Person's Employer?

Debt collectors are allowed to contact the employer in the following cases:

• In case the person or his legal representative agreed in writing that the debt collector can contact his employer
• For verifying the employment
• To find out person's location information
• To garnish person's wages (but only after the debt collector sued him/her and the court entered a judgment against him)
• To find out whether the person has a medical insurance

Can a Debt Collector Contact Other People?

Under the FDCPA, debt collectors are allowed to contact:

• The person's spouse
• The person's parents or guardian in case he/she is under 18
• The person's attorney
• Credit reporting companies, if allowed by law

А debt collector is not allowed to contact person's family members, neighbors, or other people about his debt unless:

• To find out person's location information;
• A debt collector is acting with a court permit
• It is reasonably necessary to effectuate the court judgment
• The person or his/her legal representative agreed in writing that the debt collector can contact other people.

Disputing a Debt

In case the debt collector contacts a person about his/her debt that he/she doesn't owe, it is important to respond in writing to dispute the debt as soon as possible. In case the person fails to respond, the debt collector will keep trying to collect the debt and can even sue him/her. A debt collector first contacts the person within five days and then he/she must send him/her a "validation notice," which contains the following information:

• The amount it supposed the person owes
• The creditor's name
• How to dispute the debt in writing.

A person must dispute the debt in writing within thirty days of when the debt collector first contacted him/her. In this case the debt collector must stop trying to collect the debt until it can show the person verification of the debt. A person must dispute a debt in writing in case:

• He/she doesn't owe the debt
• He/she already paid the debt
• He/she wants more information about the debt
• He/she wants the debt collector to stop contacting him/her

What Are Debt Collectors Not Allowed to Do According to FDCPA?

According to the FDCPA, debt collectors are not legally allowed to harass a person, such as:

• Threaten him/her with harm or violence
• Use offensive or disrespectful language
• Use a phone to purposely annoy the person by continuously

Debt collectors are not legally allowed to lie to a person, such as:

• Misrepresent him the amount of the debt he owes
• Misleadingly claim the person will be arrested
• Misleadingly claim that the legal action will be taken against him

Debt collectors are not legally allowed to can't engage in unfair practices, such as:

• Try to collect fees, interest or other charges unless state law or the contract allows it
• Take or threaten to take the person's property unless it can be performed legally
• Deposit a post-dated check early

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What is California's Short-Term Disability Insurance (SDI)?

The short-term disability (SDI) insurance program provides short-term benefit payments to employees who are off work due to a non-work-related injury or illness. State of California has announced numerous changes in SDI rules in response to the COVID-19 outbreak.

Eligibility for California Short-Term Disability Insurance

To receive short-term disability benefits in California, a person is required to meet the following requirements:

• He is employed or is actively looking for work at the time he became disabled.
• He has lost wages because of the disability.
• He has earned at least $300, from which state disability insurance deductions were suspended.
• He is under the treatment and care of a licensed doctor or public health officer
• He has filed a claim form within forty-nine days of the date he became disabled.
• His doctor or public health officer completed the part of the form which provides medical certification of a person's disability.

California's New Short-Term Disability Rules

According to California law, a person is eligible for short-term disability payments in case he is incapable to work due to having coronavirus or being exposed to the novel coronavirus.

• Medical Certification

In case an employee already has a coronavirus, he must submit a medical certification signed by either by a doctor or public health officer, which must contain the following information:

• A diagnosis of a coronavirus
• The start date of the illness
• Probable duration of inability to work

• Quarantine

In case an employee is quarantined due to COVID-19 exposure or potential exposure, he must be able to qualify for a short-term disability benefit if his quarantine is certified by a doctor or public health officer.

• Laid Off

An employee can be able to collect short-term disability benefits in case he was laid off and searching for work at the time he became unable to work due to coronavirus or coronavirus exposure. Though in this case a person can't collect unemployment benefits and SDI at the same time.

When Can a Person Start Receiving Benefits?

California has waived the seven-day waiting period for collecting benefits and an eligible employee can start to receive SDI benefits for the first day off work.

How to Submit a Claim for SDI?

An employee can submit your SDI claim online on the EDD's website at SDI Online. After filing a claim, a person must give his form receipt number to his doctor so that he can submit the medical certification at SDI Online. A person can also qualify for benefits under the new federal emergency paid sick leave law. Get in touch with our legal professionals at KAASS Law for more information. Your Name (required) Your Phone Number (required) Preferred Time to Contact You Back Your Email Subject Your Message By checking this button I consent to the terms and conditions of KAASS Law.

According to the FFEHA, employers who have five or more employees are required to provide reasonable accommodation in California for individuals with a mental or physical disability to perform essential functions of their jobs.

Examples of Reasonable Accommodation in California

Reasonable accommodation in the workplace can include, but is not limited to:

• Making changes in a person's work hours and schedule
• Leave of Absence
• Adapting a person's workplace to allow for hearing, vision, or mobility restrictions
• Relocating the work area
• Purchasing new equipment which will better suit the person
• Allowing the person to park reserved parking spots

Exceptions to Providing a Reasonable Accommodation

An employer is not required to provide reasonable accommodation if the employer would suffer an undue hardship.

California Government Code Section 12926 (u) Undue Hardship

California Government Code Section 12926 (u) defines an undue hardship as, "an action requiring significant difficulty or expense."

Factors of Undue Hardship

To determine whether an undue hardship exists the courts look at the following factors:

• The cost and the nature of the accommodation needed
• The total financial resources of the facilities involved in providing the reasonable accommodations
• The overall resources available to the employer
• The total size of the company and the number of employees
• The type and location of the covered entity's facilities
• The type of operations of the employer entity

When the applicant or employee requests reasonable accommodations the employer is required to initiate an interactive process. Under California law, it is illegal for an employer to fail to involve in a timely and good-faith interactive process. The main aim of this process is to remove barriers that keep people with disabilities from performing jobs that they could perform with some form of accommodation.

How to Prove the Claim of Failure to Accommodate a Disability?

To prove the claim of failure to accommodate a disability a plaintiff must establish the following:

• A person has a disability recognized by the California Fair Employment and Housing Act; and
• A person is fully qualified and able to perform the essential functions of the position with a reasonable accommodation

For purposes of this claim, a person doesn't have to establish that he/she suffered an adverse employment action as a consequence of his/her disability. According to the California FEHA, an employer's failure to reasonably accommodate a person is a violation of the statute.

What Can a Person Recover in an Employment Discrimination Lawsuit for Failure to Provide Reasonable Accommodation?

Damages depend on the level of the discrimination and the type of harm to the employee and can include monetary damages, equitable remedies, and punitive damages Money damages include:

• Back pay and front pay
• Higher-income from a promotion
• Pension benefits
• Bonus payments
• Emotional distress
• Pain and suffering

Employment Reasonable Accommodation Attorney

If you believe you have been denied a reasonable accommodation by your employer we invite you to contact our Los Angeles disability discrimination attorneys at {meta.phoneFormatted} for a consultation.

State of Emergency in California

A state of emergency is an official declaration that suspends regular governmental and constitutional procedures in response to a disease, earthquake, fire, flood, storm, riot, drought, infestation, or other natural or human-made disasters. Generally, the declaration remains effective for thirty days and, if necessary, can be extended for an additional thirty-day period. On March 4, 2020 in response to COVID-19 pandemic, Governor Gavin Newsom declared a California-wide state of emergency.

Price Gouging

Price gouging refers to sellers trying to take illegal benefits of consumers during a disaster and emergency by significantly increasing prices for important consumer services and goods. California Penal Code Section 396(a) prohibits "excessive and unjustified increases" on a range of basic goods and services.

What is Considered an Excessive Increase?

An excessive increase is an increase of more than 10 percent above the price charged by the person in question for the same goods or services immediately before the declaration of emergency. The law applies just after the President, the Governor, or city or county executive officer declares a state of emergency. Though, an emergency declaration can cover a specific geographic area, the price gouging law is applicable anywhere in the state of California, where consumer demand increases as a result of that emergency.

Who Is Subject to the Statute?

All businesses, individuals, and other entities are obliged to comply with the statute. The statute applies to all sellers, including:

• Manufacturers
• Wholesalers
• Distributors
• Retailers

California Penal Code Section 396(h)(4) regulates transportation, freight, and storage services, including towing; and repairs or reconstruction to residential or commercial property. According to California Penal Code Section 396(c) for 180 days following a declaration, a contractor cannot offer or sell any reconstruction, repair or emergency cleanup services for a price greater than 10% above the price charged by that person for those services immediately before the declaration of emergency. According to California Business and Professions Code Section 17568.5, hotel and motel room rates can't exceed 10% above the regular rates advertised immediately before the declaration of emergency.

List of Items Covered by the Statute

Items specifically listed in the law are the following:

• Food and drink, including for animals
• Toiletries
• Medical supplies such as antibacterial products, bandages, isopropyl alcohol, gauze, and medications
• Emergency supplies including water, radios, flashlights, blankets, batteries, candles, diapers and soap
• All types of construction materials
• Home heating oil, motor fuels and gasoline

Price gouging statute doesn't cover cars and motorhomes requiring DMV registration. In some cases, if the seller can prove the price increase is a direct result of higher costs for materials, labor, or purchasing the goods from a supplier, the increase of more than 10% will be allowed.

Penalties for Violation of California Penal Code Section 369

Violation of Penal Code Section 396 is a misdemeanor with the following penalties:

• A fine of up to $10,000
• Up to one year in a county jail

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Personal injuries that are caused by slip and fall accidents are covered under the tort known as premises liability. Premises liability allows victims, injured as the result of the negligence of the property owner to recover compensation for their injuries. According to Civil Jury Instruction 1000, the plaintiff must establish the following four elements to prove a premises liability claim:

• Defendant owned, leased, or controlled the property
• Defendant was negligent in their use or care for the property
• Plaintiff was injured
• Defendant's negligence was a significant factor in causing injury to the plaintiff

Who Can Be Held Liable for a Slip and Fall Accident?

When someone is injured because of a dangerous condition on another person's property, he can sue either the owner, occupier or possessor of that property. This may include homeowners, landlords, businesses, and other property owners.

How to Establish the Property Owner's Negligence?

According to California Civil Jury Instruction 1003 defendant was negligent in the use or maintenance of the property in case:

• A condition on the property created an unreasonable risk of harm
• Defendant knew or, through the exercise of reasonable care or should have known about it
• Defendant failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition

Statute of Limitations for Slip and Fall Accidents in California

According to California Code of Civil Procedure section 335.1 a victim has a two-year period for the filing of "an action for his injury to, or for the death of, an individual caused by the wrongful act or neglect of another." According to California Code of Civil Procedure section 338 there is a separate three-year deadline for filing a lawsuit over the repair or replacement of personal property was damaged in the slip and fall.

Bringing a Claim Against Government

In case your slip and fall injury was caused by the negligence of a government employee then the claim you file must follow a special set of rules. You will be required to provide notice of your claim within a six-month period and give the municipal or state government a chance to respond to your allegations.

Comparative Negligence

According to this rule, any damages award the plaintiff receives will be reduced according to the percentage of his fault. A property owner can make different arguments to attempt to pin the blame on the plaintiff. Here are some examples of arguments:

• The dangerous condition of the property should have been obvious to the plaintiff.
• The plaintiff was on a part of the property where usually visitors aren't allowed to be.
• The plaintiff was wearing inappropriate footwear.
• The plaintiff took the reasonable and necessary step to protect visitors and the dangerous condition was cordoned off signage
• The plaintiff wasn't paying attention to where he was walking

In case the plaintiff's California slip and fall case makes it to court, regardless of the argument the property owner makes, the state's "pure comparative negligence rule" will determine how much compensation the plaintiff can get from the property owner. Are you in need to services for a slip and fall accident? Our Los Angeles slip and fall lawyers at KAASS Law would be happy to help you out in every way we can. Get in touch with us now at {meta.phoneFormatted} for assistance!

What Are Punitive Damages?

Punitive damages are damages that a defendant in a civil action can be ordered to pay to punish him for egregious conducting including employment claims and personal injury. Commonly, punitive damages can't be awarded for a simple breach of contract, but can be awarded in cases such as insurance company bad faith when the company unlawfully refuses to pay a legitimate claim. California Civil Code Section 3294 allows a jury to award punitive damages to the plaintiff in a personal injury case. The plaintiff must be able to establish convincing and clear evidence that the defendant's conduct amounted to oppression, malice or fraud.

Malice, Oppression and Fraud

California Civil Code Section 3294(c) gives the following definition to "malice," "oppression" and "fraud":

• "Malice" is a conduct which is intended by the defendant to cause injury and harm to the plaintiff, or despicable conduct which is carried on by the defendant with a willful and absolute disregard of the rights or safety of other people.
• "Oppression" is a despicable conduct which subjects a person to unjust and cruel hardship in conscious disregard of that person's rights. Despicable conduct is conduct that is so base, vile, or contemptible that it would be looked down on and despised by any reasonable person
• "Fraud" is an intentional misrepresentation, concealment or deceit of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of legal rights or property or otherwise causing injury.

Employer's Liability to Pay Punitive Damages in California

When dealing with a company as opposed to a private person, California Civil Code section 3294 states that the employer shouldn't be legally liable for punitive damages, based upon acts of his employee, unless the employer had reasonable knowledge of the unfitness of the employee and hired him with a conscious disregard of the rights or safety of other people or ratified or authorized the illegal conduct for which the damages are awarded, or was personally guilty of fraud, oppression, or malice. With respect to a corporate employer, the reasonable knowledge and conscious disregard, ratification, authorization, or act of oppression, malice or fraud must be on the part of the director, officer, or managing agent of the corporation.

Common Examples of When Punitive Damages May Be Awarded to the Plaintiff

Some common scenarios include the following:

• Car accident claims when it is established that the at-fault party was driving under the influence of drugs or alcohol or drugs
• Business torts where it is proven that one party has committed fraud on another one.
• Intentional torts such as battery and assault
• Wrongful termination of employment claims.

Considered Factors When Determining the Amount of Punitive Damages in California

According to CACI 3940 the jury considers several factors when deciding the amount of punitive damages. Here are some of them:

• How reprehensible was the defendant's conduct
• Whether the defendant's conduct caused physical harm
• Whether the defendant disregarded the health or safety of others
• Whether the plaintiff was financially weak or vulnerable
• Whether the defendant acted with trickery or deceit
• Whether there is a reasonable relationship between the amount of punitive damages and the plaintiff's harm

California employees have some certain rights in case their employer closes a facility, conducts a mass layoff, or otherwise cuts a huge number of jobs. Though employees don't have a legal right to keep their jobs, nor to be hired into other positions with the company or be considered for rehire, but they have the right to a certain amount of notice before a large-scale layoff or a plant closing. According to the federal Worker Adjustment and Retraining Notification Act (WARN) employees are entitled to damages in this case employer fails to give proper notice. California also has its own version of the WARN Act

Differences Between Federal and California Warn Laws

According to the federal WARN Act, companies that employ a certain number of employees are required to provide affected employees, their representatives and specified government officials and agencies with sixty days' advance, written notice prior to any mass layoffs or plant closings. California's WARN Act is much broader in scope than the federal law and affects more employers. Accordingly, companies must comply with the requirements of both laws and penalties, including up to sixty days' back pay per employee, could be assessed for failing to provide required notice.

Who Are the Covered Employers?

Federal Worker Adjustment and Retraining Notification Act and California's WARN Act require employers to give advance notice of mass layoffs or plant closings which will result in a certain percentage of employees losing their jobs.

Covered Employers Under Federal Warn Act

Under federal WARN Act employers are covered in case they have at least one hundred full-time employees or at least one hundred employees who work a combined 4,000 hours or more per week.

Covered Employers Under California's Warn Act

According to California's WARN Act employers are covered in case they own a commercial or industrial facility, which employs at least seventy-five employees.

Covered Layoffs Under Federal Warn Act

• Mass layoff, which is defined as a reduction in force resulting in job loss at a single site of employment for hive hundred or more full-time employees, or for fifty to four hundred ninety-nine full-time employees, in case the number of employees laid off makes up at least 33% of the total number of employees.
• Plant closing, which is defined as the shutdown of a single site of employment, or at least one operating unit or facility within a single site of employment, which results in job loss for fifty or more full-time employees during a thirty-day period.

Covered Layoffs Under California's Warn Act

California law is applicable in the following cases:

• Closing of a commercial or industrial facility with at least seventy-five employees
• Layoff, defined as job loss for at least fifty employees in a thirty-day period.
• Relocation of a commercial or industrial facility with at least seventy-five employees to a location at least one hundred miles away.

Have you or a family member been affected by the Coronavirus (COVID-19) pandemic? Get in touch with KAASS Law for Coronavirus legal help in California now!

Electric shock injury happens when a person's body becomes part of an electric circuit, the electricity flows between parts of the body or through the body to the ground. Symptoms of an electric shock injury depend on the current's frequency, the path through the body, the amount of current flowing through the body, and the length of time the body remains in the circuit.

Injuries Caused by Electrocution and Electric Shock

Injuries resulting from electrocution and electrical shocks include the following:

• Cardiac arrest on a person's heart from the effect of electricity
• Burns
• Nerves and tissue can be damaged from electrical currents
• Spinal cord injuries
• Peripheral nerve damage
• Amnesia
• Respiratory arrest and other breathing problems.
• Kidney damage
• Muscle injuries
• Loss of consciousness
• Confusion
• Seizures

Workplace Electrocution Accidents

Electric shock and electrocution accidents often occur in the workplace. Most electrical accidents result from unsafe equipment or installation, unsafe work practices, or an unsafe environment. Here is the list of workplaces in the United States with the highest rates of electrical accidents and electrocution rates:

• Construction workers
• Mining industry
• Firefighters
• Utility workers
• Electricians
• Medical workers
• Roofers

Workers Compensation for Electric Shock Accidents

When an electric shock and electrocution accidents injury happens in the workplace, the claim is usually covered by workers' compensation, which provides lost income payments and medical care to the injured persons. Mostly workers injured in the workplace are not required to prove the employer's fault to get workers' compensation.

Electrocution and Electric Shock Accident as a Result of the Negligence

Usually, electric shock accident claims are based on negligence and to recover damages after an accident, the plaintiff must be able to establish the following elements:

• Defendant owed a duty of care to the plaintiff
• Defendant breached the duty of care through negligence
• Defendant's negligent action was a substantial factor in causing the harm or death to the plaintiff

Premises Liability

When an electrical shock happens on another person's property, the property owner can be liable for dangerous conditions which existed on that property. In a premises liability personal injury lawsuit, the plaintiff must be able to prove the following elements:

• Defendant owned, controlled or occupied the property;
• Defendant was negligent in the use or maintenance of the property
• Plaintiff was harmed as a result of the defendant's negligence

Recovering Damages Caused by an Electric Shock Accident

Damages a person may be entitled to for an electrocution injury are the following:

• Hospital bills
• Physical therapy
• Costs for specialized burn care
• Pain and Suffering
• Emotional distress
• Damages for lost earnings and lost earning capacity
• Damages for loss of enjoyment of life
• Damages for lost property

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