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What Is a Long-Term Disability Insurance in California?
What Is Long-Term Disability Insurance?
Long-term disability insurance policies provide financial assistance to those who can no longer work due to an injury or prolonged illness. It typically covers disabilities that prevent those from working for at least two years, as opposed to short-term disability insurance, which covers disabilities that last shorter than that. These policies generally do not pay the disabled party's full salary upon stopping work, and depending on the policy, tend to pay between half and three-quarters of it. Many full-time employees already have long-term disability insurance through their employers.How Do I File a Long-Term Disability Insurance Claim?
The process of filing a claim can be done by following these three steps. Keep in mind that you may want to submit any other documentation that is not required for submitting a claim but that you think will help your case. The steps are as follows:- Step 1: Fill out the initial claim form through either your employer or through your insurance provider website directly.
- Step 2: Submit employee and employer statements. These will confirm all of the facts regarding your disability, how it has affected your ability to work, and the medical treatment you received due to your disability. They will help the insurer decide whether your occupation could accommodate your disability.
- Step 3: Submit a doctor's statement. Your doctor will be required to provide information regarding your diagnoses, symptoms and lingering health issues, treatments provided and medications taken, the nature of your disability and whether it was work-related, and their official estimates on your limitations at work and when/whether you could return. This will further help the insurance company to accurately assess the severity of your disability and how it will affect you in the workplace.
What Happens If My Claim Is Denied? How Can I Appeal?
Insurers can deny a long-term disability insurance claim for a variety of reasons. For example, they might claim that your disability is not severe enough to prevent you from performing the duties of your job, or that your treatment history does not offer compelling evidence that you are too injured/ill to work. They may also reject it based on you missing a deadline that was agreed upon in the policy, so it is imperative that you are aware of when you must submit the claim in order to gain compensation. There are instances when insurers act in "bad faith" when rejecting a claim, meaning that the insurer wrongfully denied your claim or denied it based on an insufficient reason. Some examples of acting in bad faith are:- Making an insufficient settlement offer based on the evidence provided
- Ignoring medical documentation of legitimate disabilities
- Unnecessarily delaying/denying benefits for a long period of time, often done to influence the claimant into taking a low offer given their financial situation
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Bringing a Lawsuit for Unpaid Wages in California
"Wages" include all amounts for labor performed by an employee, whether the amount is calculated by time, task, or commission. Wage claims are governed by two sources of authority: the provisions of the Labor Code and a series of eighteen wage orders, adopted by the Industrial Welfare Commission.What does a Plaintiff have to Prove in an Unpaid Wages Lawsuit in California?
According to CACI 2700 in case the plaintiff claims that the defendant owes him unpaid wages he must be able to establish the following elements:- Plaintiff performed work for the defendant
- Under the terms of the employment, the defendant owes the plaintiff wages
- The number of unpaid wages.
What is the Limitation Period to Bring an Unpaid Wages Claim in California?
- One year for penalties regarding a bounced check or failing to provide access to or a copy of records
- Two years for an oral promise to pay more than minimum wage.
- Three years for violations of the minimum wage, unpaid rest, overtime, sick leave, unpaid meal breaks, illegal deductions from pay, or unpaid reimbursements
- Four years for a written contract.
California Minimum Wage
According to State law, almost all employees must receive the minimum wage. The current minimum hourly wage in California for businesses with twenty-six or more employees in 2022 is $15. For businesses with twenty-five or fewer employees, it is $14 for an hour. The required minimum wage is the employer's obligation and can't be waived by any agreement, including collective bargaining agreements. An employer can't use an employee's tips as a credit toward the obligation to pay the minimum hourly wage.California Overtime Wages California Labor Code Section 510
According to California Labor Code Section 510, employers are required to pay their employees for overtime work after their hours. Employees who work more than 8 hours in a workday, more than 40 hours in a workweek, or more than 6 days in a workweek are entitled to overtime pay. Overtime laws don't apply to all workers and certain workers, such as farmworkers, are covered by different overtime laws.California Vacation Pay
In California, employers aren't obliged to provide paid time off or paid vacations to their employees. Though, the employers who choose to offer vacation should follow certain guidelines. According to California law accrued vacation is considered a form of wages that have already been earned by the employee, this means that accrued vacation can't expire and must be paid out to an employee upon the employment termination. The same rule is applicable to paid time off.California Rest and Meal Breaks for Non-Exempt Employees
According to California Labor Code Section, 512 non-exempt employees are entitled to rest and meal breaks. Thus, an employee must receive a thirty-minute meal break in case he works more than five hours a day. The employee is entitled to a second thirty-minute meal break if he works more than ten hours in a day.Wages Due Upon the Termination
If you quit your job and give your employer less than 72 hours' notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours' notice, you must be paid immediately on your last work day. In case the employee is fired he must receive his final paycheck on his last day. In case he isn't paid when the job ends, he may be entitled to receive an additional payment of a day's wages for each day his employer withholds the final paycheck, for up to thirty days. If the employer ended your employment - fired you, laid you off, eliminated your position, etc. - they must have your final paycheck ready for you on your last day of work. If you ended your employment - you resigned or you quit - without notice, then the employer must have the check ready for you within 72 hours AFTER your last day of work. But if you quit AND if you gave at least 3 days advance notice to your employer of when your last day of work will be, then the employer must have your final paycheck ready for you on your last day.Contact KAASS Law experienced attorneys now!
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Gym Injury Lawsuits in California
Gym injury lawsuits in California are not uncommon. Some of the most common injuries happen in fitness centers. How can we prevent these injuries? This article will inform you of what steps to take if you or someone you know has been injured at a fitness center. In most cases, fitness center injuries are the result of carelessness.- Instructors (see our article on personal trainer negligence lawsuits)
- Owners of a gym
- Third-party contractors in charge of equipment inspection and maintenance and/or
- Other members at the gymnasium
Can I Sue if I Get Hurt in a Gym Accident?
Fitness center injuries are common and can cause serious damage to the victim. Injuries may be caused by a defect in the equipment, faulty construction, or even improper maintenance. Gym injuries are frequently caused by the following factors:- Injuries caused by a slip-and-fall
- Defective and faulty equipment
- Product liability
- Employee negligence
- Negligent hiring
- Unsafe working conditions
- Premises liability
- Inadequate equipment maintenance
- Members of the gym who are irresponsible
- Fights between members, as well as intentional actions on the part of employees
- Wages lost
- medical bills
- pain and suffering
- property damage, and/or
- punitive damages
Who is to Blame for a Fitness Center Injury?
After a fitness center injury, anyone who was partially responsible for the injury may be held liable for damages. This could include anyone who directly caused the injury or anyone who failed to follow proper safety procedures. If you were not at fault in any way, this does not mean that you will be automatically exempt from liability and damages should still be sought if another party contributed to your injuries. Following a gym injury accident, the following parties may be held responsible:- Property owners
- Trainers who own a gym
- Employees at a fitness center
- Other gym goers Manufacturers of gym equipment
- Third-party inspectors and maintainers of equipment
What Should I do if I Get Hurt at the Gym?
Many gym injuries involve trauma to the neck, spine, back, or head. These injuries can be difficult to identify, however. You may not experience severe pain after the injury and believe that nothing is wrong. Some people are also tempted to "tough it out" or "walk it off." However, you should not take any chances with serious head, neck, or back injuries that could result in long-term problems. You should seek medical attention immediately following a gym injury. Even if you are unsure whether you require medical attention, you should consult with your doctor. There are many ways to prevent these injuries from happening including wearing supportive shoes for any type of exercise, getting proper instruction on how to use machines before using them alone, stretching before exercising to reduce soreness later on in the day and warming up with a five-minute jog or walking session before beginning an intense workout. Following a gym injury, you may want to obtain contact information from anyone who witnessed the accident. If there was an equipment malfunction, you should request that the gym keep the faulty equipment so that it can be inspected by an expert under investigation. Be sure to take photos of the area around the accident, including any obstacles or conditions that may have contributed to your injury. Pictures will be of benefit to your case.Ask Us Anything Regarding Gym Injury Lawsuits in California
If you or someone you know has been involved in a personal injury at a fitness center, please feel free to contact KAASS Law by calling {meta.phoneFormatted}. Our team of experienced attorneys will be sure to get you the compensation you need for the severity of your case. - Read More
How Do Defective Tires Cause Accidents?
A defective tire has a problem in function due to a design or manufacturing flaw, a failure to warn consumers of a hazard, or someone's negligence. Victims of the crash may be able to seek compensation from the party responsible for the tire's flaws.What are the Most Common Causes of Tire Defect Accidents?
In California, defective tires can cause a car accident in a variety of ways. Tires provide traction, steering, and a point of contact with the road for drivers. If a tire is defective and fails while driving, the driver may lose control of the vehicle, resulting in a crash. The following are some of the most common causes:- separation of the treads
- a tire blowout
- problems with air pressure,
- old, brittle, or cracked rubber, and
- faulty construction of the sidewalls
- A hole in the tire's air tubes,
- Underinflated tires cause wear on the sides of the tire that are too thin to handle it, causing it to rupture.
- Excessive tread wear,
- Excessive weight, which can also cause tire side wear,
- old tires that should have been replaced, and
- Potholes and other hazardous road conditions
How Do Victims Establish Negligence in California?
Victims injured in a car accident caused by a faulty tire can file a personal injury or products liability claim. If the accident killed the victim, the victim's loved ones can file a wrongful death claim on his or her behalf. Many victims seek compensation under California's personal injury laws. These claims require proof that someone else's negligence caused the tire problem and subsequent car accident. In order to establish negligence in California, victims must demonstrate:- The defendant had a duty of care to the victim.
- The defendant violated his or her duty of care.
- The breach played a significant role in the victim's injuries.
- flaws in design
- manufacturing flaws
- defect notification
Design Defect
Design flaws are issues with the tire's design. A design flaw occurs when the material that holds the tread to the tire is designed to be too weak. While design flaws are uncommon, they can affect an entire tire line. This could apply to hundreds of thousands of tires on the road. In California, there are two tests that can be used to determine whether a design is defective.- the test of consumer expectations
- the risk-benefit analysis
- The defendant created the tire.
- The plaintiff was injured.
- The design of the tire played a significant role in the plaintiff's injuries
- the gravity of the potential harm caused by using the tire
- the likelihood of this harm occurring
- the feasibility of a safer alternative design at the time the tire was manufactured
- the cost of a different design
- the disadvantages of a different design
Manufacturing Defect
Manufacturing flaws are issues that arise during the tire's production. They can be widespread, such as a plant's decision to use inferior rubber during the manufacturing process, or specific to a tire, such as if a worker punctures an air tube while assembling it. In California, proving a manufacturing defect necessitates evidence of:- The tire was manufactured, distributed, or sold by the defendant.
- When it left the defendant's possession, the tire had a manufacturing flaw.
- The victim was injured.
- The defect in the tire played a significant role in the victim's injury.
Defective Warnings
Problems with how the tire is marketed are examples of warning defects. As an example, suppose a tire company claims that their brand of tire never needs to be rotated, and the lack of rotation causes uneven wear, resulting in an accident. In order to establish that the tire had a warning defect in California, plaintiffs must show:- The defendant was the tire's manufacturer, distributor, or retailer.
- At the time of the tire's manufacture or sale, the industry's generally accepted knowledge revealed potential risks that were known or knowable.
- When the tire was used as intended or misused in a reasonably foreseeable way, those potential risks posed a significant danger.
- Ordinary consumers would not have been aware of the potential dangers.
- The defendant failed to adequately warn customers about these dangers.
- The plaintiff suffered harm.
- The absence of warnings played a significant role in causing the plaintiff's harm.
Contact a Los Angeles Attorney
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California Proposition 22
What is California Proposition 22 about?
Proposition 22 (prop 22) has passed in California, and many people are happy about this. The passing of this proposition makes app-based workers like: Uber drivers, Postmates delivery drivers, and Lyft drivers "independent contractors" instead of "employees." This employment status grants these drivers the freedom to work at their own pace and schedule. You may be wondering why anyone would want to vote against this proposition. People believe that because these major companies like Uber and Doordash classify workers as independent contractors, they are generating more profit by creating their own tax exemptions. As individual contractors, these drivers are not entitled to any benefits like unemployment, healthcare, sick leave, etc. If you were to force these benefits onto app-based workers, they would potentially see less pay because it would cost these major companies a lot more money to provide benefits to people who work on their own time. Making someone, an employee would mean that they have a set amount of time to work to use their benefits. Therefore, the freedom of working on your time is the main attraction to app-based work.Involved in an Accident While App-Based Working?
"Independent Contractor" means you work on your own. "Employee" status would make the employer liable for all damages resulting from accidents involving their drivers. Being an independent contractor means you're liable for your own accidents. Personal insurance coverage alone will not protect a person driving for income because it is not for personal use. To make sure you have coverage for app-based working, call your insurance provider. As a result, companies like Uber and Lyft offer their driver's liability insurance which will cover damages if the driver's insurance denies the claim.What Do I Do After Getting Into an Accident Involving an Uber or Other Ridesharing Platform?
Like all other accidents, we recommend taking the following steps:- Collect all information from the parties involved, including witness contact information,
- Take as many pictures as possible from as many angles as possible,
- If necessary, notify the police to take a report,
- Always notify the police when bodily injury is noticeable,
- Seek medical attention if you are in any pains,
- File a claim and
- Speak to an attorney.
Can I Sue a Ridesharing Company for an Accident I Was In?
Listing their drivers as "independent contractors" gives major companies like Uber a cushion to fall on. The argument is that the drivers are independent and work independently; Uber cannot be held liable for their driver's negligence. Although this is an argument the companies can make, it isn't always set in stone. California's 2020 AB5 law protects app-based drivers by making it difficult for companies like Uber to deny their status as employees within that business entity. Your attorney may seek compensation from the major company as a last resort if the driver's insurance denies coverage. - Read More
Can You Sue Your Co-Worker For Assaulting You?
Under California Penal Code, assault is defined as an attempt to threaten to injure someone. Examples of assault in the workplace can be when a coworker screams and threatens to throw a huge item on you while making you scared that you will be hurt even if the item has not been thrown at you. Being assaulted by a coworker is not only a ground for criminal liability to arise, you can also claim compensation under a civil lawsuit.What Should I do If I was Assaulted by a Coworker?
There are a few options one can take if they were assaulted by a coworker including:- File a complaint to the police against your coworker and /or,
- File a complaint with your employer and/or,
- File a civil lawsuit against your coworker and or your employer.
Do I Need to File a Complaint/Lawsuit with My Employer?
The law does not stipulate filing a complaint with your employer as a mandatory step in the protection of your rights. However, such complaints shall allow you to raise carefulness and prevent other victims from being assaulted in the workplace. It is possible to sue your employer for an assault of the coworker if you can prove that:- The employer hired an unfit and not competent employee, that the employer was also negligent to supervise such employee,
- The employer knew that such an employee presents a danger for other employees.
What Remedies Can I Expect to Receive in a Civil Lawsuit Against My Employer?
Workplace assault is considered to be a work-related injury. Besides receiving compensation for lost wages, you can also seek compensation for:- Medical expenses as well as psychological consultations, which were done to recover your physical and mental condition after the assault,
- Losses caused by an inability to work after the assault,
- Pain, suffering, emotional distress.
Employment Lawyer
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What is the Law of Negligence?
What is the California Legal Definition of Negligence?
Ordinary negligence is defined by California law as the failure to employ reasonable care to avoid harm to oneself or others. For example, if a business had their floors mopped, making them wet, and they failed to put up a "wet floor" sign, leading someone to slip, the business is liable. A person may be considered negligent if they do something in a circumstance that a reasonably careful person would not do.What is Duty of Care?
People have a "duty of care" to others under California personal injury law. Teachers and childcare centers, for example, have a legal duty to look after children who have been left in their care. Drivers have a duty to follow traffic laws in order to avoid creating an unreasonably high risk of automobile accidents or pedestrian collisions. Depending on the nature or circumstances of a situation, determines whether a duty of care is owed along with what duty is owed.How can a Person Benefit from a Negligence Claim?
A plaintiff must generally establish three factors in order to receive damages in a personal injury case in California:- The defendant had a duty of care to the plaintiff
- The defendant breached that duty via negligence
- The defendant's fault was a material factor in producing the harm
What are Some Types of Negligence Claims?
Three examples of claims of Negligence would be as follows:- Negligent Entrustment of a Motor Vehicle
- Negligent Hiring, Supervision or Retention
- Negligent infliction of emotional distress
What is Negligent Entrustment of a Motor Vehicle?
If an owner of cars, trucks, or motorcycles that allow an incompetent, reckless, or inexperienced driver to operate their vehicle are liable under negligent entrustment law. If that person causes an accident, the vehicle's owner may be held responsible for damages. If an injured plaintiff can show that the driver's negligence or ignorance caused the harm, the owner of the vehicle may be held accountable.What is Negligent Hiring, Supervision or Retention?
The California law states, when an employer knew or should have known that an employee was a risk to others, thus California law makes the employer accountable for the employee's negligence, recklessness, or willful unlawful acts. If an employer knows or has reason to know that an hired employee is incapable or unsuitable to perform the tasks required of the job, the employer may be liable for harm caused by that employee.What is Negligent Infliction of Emotional Distress?
Under California law, someone who was either a direct victim of another's wrongful act or a spectator who observed an injury to a close relative can sue for emotional distress damages. Damages that may be covered would include medical bills, psychological counseling bills, lost wages, along with pain and suffering.Have more Questions about Filing for Negligence?
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California PC 152: Concealing an Accidental Death
California Penal Code Section 152 states, "every person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, shall be guilty of a misdemeanor."
What Constitutes the Crime of Concealing an Accidental Death?
There are 2 basic requirements that form the crime of concealing an accidental death. They are:
- The defendant knew of an accidental death
- The defendant concealed or tried to conceal the accidental death
The first element of the crime makes it necessary that the accused person had knowledge of the accidental death. It also is the part that specifies that the death itself must be "accidental," meaning that the actual occurrence that led to someone dying must have been unforeseen.
The second element requires that you concealed or tried to conceal the death. One can fulfill this criminal definition by doing any of the following:
- Concealing the body of the person who died
- Acting to impede authorities from finding the body
- Destroying the dead body or parts of it
- Concealing the tools used to kill the person or evidence
Concealing or destroying the body of the person who died would be a clear example of this offense, but there are several other ways to criminally conceal an accidental death in the eyes of the law. Hiding any piece of evidence or misleading authorities in any way would also be considered a violation of PC 152.
What are the punishments for violating PC 152?
Concealing an accidental death is a misdemeanor offense in California. It is punishable by:
- Up to 1 year in a county jail
- A fine between $1,000 and $10,000
How Can I Defend Myself if I Am Falsely Accused of Concealing an Accidental Death?
There are several ways to defend yourself if you are wrongfully charged with violating PC 152. They include:
- You didn't actually try to conceal a death with your actions
- You didn't know about the death
- You concealed the death under "duress"
There are circumstances in which one may hide evidence or lie to the police without actually making an attempt to conceal any death. Doing this could result in being charged with another crime, such as PC 135 (destroying or concealing evidence). However, if you didn't actually try to hide the fact that someone died, you couldn't be charged.
Accidental deaths often create situations where people feel scared or threatened by others who know about the death. It may be the case that you want to tell authorities what happened, but others do not. If anyone who witnessed the death made a threat to you in order to keep you quiet, this is known as "duress," and you would not be guilty of concealing an accidental death because you only did it because you feared for your own safety.
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In California, Who Is Eligible For Paid Sick Leave?
Employees in California are entitled to at least one hour of sick leave for every 30 hours worked. Employers may limit annual sick leave accrual to 24 hours or three days (whichever is greater).
Employers in California may not deny a covered employee's right to use sick time or retaliate against an employee who uses it. An employee may be able to sue the employer for violating California labor laws. However, not every employee is eligible for the same amount of time off and many employers are unsure how to handle their obligations under this law.
The following article will help explain who is eligible for paid sick leave in California.
In California, Who is Eligible for Paid Sick Leave?
This law applies to all employees in California who work 30 or more days within a year from the start of employment.
Certain employees are subject to additional restrictions that do not apply to regular employees under California law. California law requires that all employees in California receive paid sick leave. The law also has additional provisions for specific groups of employees.
According to California state law, most exempt and non-exempt employees who work 30 or more days in a calendar year are eligible for paid sick leave. Paid sick leave is an option for full-time, part-time, and temporary employees. Certain employees are subject to additional restrictions that do not apply to regular employees under California law, including:
- Federal and local government employees
- Employees covered by a collective bargaining agreement
- Providers of in-home supportive services
- Several airline employees.
How Many Sick Days Do I Get As A Part-Time Employee In California?
Part-time employees, like full-time employees, are entitled to at least one hour of paid sick leave for every hour worked. Employers may choose to offer more than the minimum required by law.
If you work part time in California and have a question about your rights as an employee, please contact our office today. Part-time employees with a regular weekly schedule, on the other hand, are entitled to COVID-19 supplemental paid leave equal to the number of hours worked in two weeks.
Furthermore, part-time employees with variable schedules are entitled to COVID-19 supplemental paid leave equal to seven times the average number of hours worked per day over the previous six months.
How Much Can I Earn While On Sick Leave?
Employees in California on paid sick leave are paid at their regular rate. Meanwhile, employees' wages while on COVID-19 supplemental paid sick leave vary depending on their status. Exempt employees are paid at their regular hourly rate. Non-exempt employees, on the other hand, receive the highest of either:
- their regular hourly wage
- their average pay in the previous 90 days
- Minimum wage in your state or municipality
What Happens If My Paid Sick Leave Is Over?
Companies in California are not required to pay employees who require additional time off or telework after their PSL has expired. Employees who take unpaid sick leave, on the other hand, may be protected from termination under California and federal leave laws such as CRFA and FMLA.
Leave laws protect an eligible employee who takes time off to care for a family member, due to illness, or for other covered leave reasons. This means that when an employee returns from leave, he or she can return to the same or a substantially similar job. An employee may not be fired, threatened, or retaliated against by his or her employer.
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Bringing a Wrongful Life Lawsuit in California
A wrongful life lawsuit is a legal action asserted by a person born with a genetic impairment or disability. If the court determines that the plaintiff should not have been born, he or she may be entitled to compensation for medical bills and lost earnings. An individual in California must file this type of lawsuit within one year of reaching 18 years old in order to preserve his or her right to sue. Please check your state laws to find out if the requirements apply to your state.What Are the Five Elements Used to Analyze Professional Malpractice?
A wrongful life claim is an often misunderstood type of legal action. The plaintiff in a professional malpractice suit has suffered damages because the defendant's failure to provide adequate care has resulted in injury or death. In California, it is not necessary for a doctor to have caused the patient's illness or injury; only that they failed to diagnose and treat the condition with reasonable skill and diligence. The medical malpractice victim may be able to recover compensation. In California law, a wrongful life claim is analyzed within the context of a professional malpractice action and there are 5 elements in a professional malpractice cause of action:- Duty
- Breach of that duty
- Proximate cause
- Legally cognizable injury
- Damages
What Elements Must the Plaintiff Prove in a "Wrongful Life" Lawsuit?
Many people do not know that California allows a wrongful life lawsuit. This type of suit is brought by someone who believes he or she would have made different decisions if they had been informed about the risks of having children with genetic defects or disabilities. The plaintiff must be able to prove the following elements in case he claims that the defendant was negligent because failed to inform him of the risk that his child would be born genetically or impaired disabled.- Defendant negligently failed to diagnose/warn the child's parents of the risk that the child would be born with a genetic impairment/disability
- Defendant negligently failed to perform appropriate tests/advise to the child parents that would more likely than not have disclosed the risk that the child plaintiff would be born with a genetic impairment/disability
- The child was born with a genetic impairment/disability
- In case the child's parents had known of the risk of genetic they would not have carried the fetus to term
- Defendant's negligence was a substantial factor in the child's birth
Against Whom the Plaintiff Can Fill The Wrongful Life Lawsuit?
Wrongful life is defined as when parents sue doctors or hospitals for delivering their child with birth defects. This issue can arise when a mother seeks an abortion because she does not want to bring a baby into the world who will have serious health problems. There is controversy on whether or not these cases should be allowed to go forward in court. A wrongful life lawsuit is a claim for damages, made by a person or entity that suffers injury because of the negligence of another. A wrongful life lawsuit may be brought by the estate of an unborn child if the parents have obtained counseling and written consent from their physician before conceiving and they can show that, but for the negligent act or omission, he would not have been born alive. Wrongful life lawsuits can be filed against:- Doctors
- Hospitals
- Clinics
- Sperm banks, and
- Mental health institutions.
What Damages Can The Plaintiff Recover in a Wrongful Life/Wrongful Birth Lawsuit?
Due to wrongful life/wrongful birth of a child, the plaintiff is able to recover damages. If you are considering bringing a wrongful life lawsuit in California, it is important to understand the potential for damages. Wrongful birth lawsuits are brought by people who believe they would not have existed if their parent had not been exposed to an avoidable risk factor or treatment, like being pregnant while using medication that could cause birth defects, taking certain drugs during pregnancy, etc. Some common damages a plaintiff can recover in a wrongful life/wrongful birth lawsuit include:- Medical expenses;
- Costs of specialized care for the child;
- Special equipment the child needs;
- Home modifications for the child's impairment/disability; and/or
- Costs of the specialized educational needs
Glendale Personal Injury Lawyer
If you or a loved one has been harmed as the result of another's negligence, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A wrongful life lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who allegedly failed to inform them about birth defects in their unborn child before they gave consent for the pregnancy to continue. Please feel free to give our office a call at {meta.phoneFormatted}.