Injured By Fire Department, Police Department, Postal Service, Metro, or Other Government Actors?

Suing Governmental Agency for Injury in Auto Accident in California

• Injured party must file a written complaint in the proper form with the correct state or local agency, as it is a vital requirement prior to litigation.

Reason for Filing a Government Claim

• Los Angeles Metro Bus;
• CHP;
• Fire Department;
• City owned vehicle;
• United States Postal Service; or
• You may have been assaulted by a government employee and sustain injuries and or damages.

Who May File a Government Claim?

Where and how do I file a Government Claim?

What happens after I file?

• Accepted;
• Rejected in whole part;
• Or partially rejected.

• If the entity rejected your claim in whole or in part, you have six months from the date the notification is mailed to file a lawsuit against the governmental entity, pursuant to Govt. Code §§ 913, 945.6(a)(1).
• If you DO NOT receive a response from the Government agency within 45 days, the claim is presumed, rejected. Thus, you have two years from the date of the injury to file a lawsuit pursuant to Govt. Code § 945.6(a)(2).

How Can a Government Torts Lawyer Help with My Accident Involving a Government Vehicle?

Types of compensation that can be recovered after an auto accident:

• Property Damage: Vehicle and other property that was in your vehicle at the time of the accident
• Medical Care Costs: Emergency, hospital, physician, specialists, chiropractic, orthopedic care, X-rays, MRIs, CAT scans, after care, nursing homes and long-term care
• Rehabilitation Expenses: Treatment, therapy, specialists
• Lost Income: Lost wages, reduced wages due to injuries and job changes lost future income
• Other Losses: Loss of use and funeral expenses

Common auto accident injuries:

• Brain & Head Injuries: Concussion, black outs, or traumatic brain injury (TMI).
• Neck Injuries: Abrupt jolts can result in whiplash. Neck strains, tightness, or soft tissue neck injuries.
• Spinal Cord/ Back Injuries: Disc injuries, bulging disks, herniated disks, slip disks, fractures, sprains, and other lumbar spine damage.
• Face Injuries: Deep cuts, laceration, cuts, burns, bruises and damage to teeth or the jaw. Colliding with the airbags, dashboard, steering wheel, windshield, side window, car seats, and interior equipment. Common face injuries include
• Internal Injuries: Liver, spleen, lungs, heart, rib fractures, Many of these injuries can be fatal and require immediate medical attention.
• Psychological Injuries: Mental and emotional trauma such as emotional distress, anxiety, fear, panic attacks, depression and post traumatic stress disorder.

Proving Your Claim:

• Police report
• Medical reports
• Photographs
• Videos
• Witness statements
• Property damage estimates
• Documentation for loss of use or lost wages
• Any additional evidence or documentation may aid in supporting your claim.

California Health and Safety Code 11359 Possession of Marijuana for Sale

• You may be fined up to $100
• Court costs

Common Defenses To Fight Driving in Possession of Marijuana Charges:

• You are authorized to carry medical marijuana (medical marijuana card)
  • If you are legally authorized to possess cannabis/marijuana, generally because you are a medical marijuana user or caregiver.
• The marijuana was discovered through an illegal search and seizure
  • California has a strict set of rules that police officers must obey when searching citizens and their property. If a police officer's acts violate those rules and a criminal defense attorney can successfully prove this, then any evidence that was acquired while acting illegally will generally be dismissed. Thus, if you were pulled over during a traffic violation and your vehicle was illegally searched, your attorney can use this defense in order to drop those charges.
• The marijuana did not belong to you
  • There are two varying degrees of possession in California: actual possession and constructive possession
    • Actual possession: you are physically carrying the drug, either in your hand, sock, shoe, pocket, or something that is attached to you, like a purse or backpack.
    • Constructive possession is when drugs are found in something that you control, like your home.
  • If you were not in actual possession of the marijuana and did not know it was in the car, then generally you should have not been charged with VC 23222(b) because in order to be in possession of the drug you must know that you were in possession of the drug.

Los Angeles Criminal Defense Attorney

Determining the Value of Accident Injury Claims: Insurance Companies Use a Program Called Colossus

A few things to keep in mind when you are considering to file a bad faith claim against your insurance company:

• Must show proof that the use or non-use of Colossus has affected your claim.
• Court cases that have determined claims were either unreasonable due to the use or non-use of Colossus are, Dauro v. Allstate Ins. Co., Dombach v. Allstate Insurance Co. and Wilson v. 21st Century Insurance Co.
• Class Action and The Use Of Colossus

The systematic use of Colossus has made insurance companies wary of class action suits, thus there are requirements in order to certify a class action suit.

What type of information do insurance companies input into Colossus?

• Liability – Use of a seat-belt increases value, as does the absence of intoxication
• Chiropractor – Referral from a regular doctor, in the records, increases value
• Spine Treatment – Must be documented specifically as to injury and why treatment is related to injury
• Medical Aids – Aids such as, walkers, crutches, and time needed are factors considered by the program
• Neck Collars – Different types of neck collars are treated differently
• Treatment Gaps – Delays in treatment decrease value so provide explanations for any, preferably documented in the medical records
• Permanency – COLOSSUS uses 4th Edition of the AMA Guidelines to Permanency and uses ratings only to body as a whole
• Loss of Enjoyment of Life – Can be considered if documented in medical records or reports
• Future Medical Bills and Wage Loss – Documentation from treating doctor needed for each to be considered
• Complaints – Any and all complaints should be documented in medical records
• Pre-existing Condition – Aggravation of it should be documented
• Aggravation – Degree of aggravation and permanency should be documented
• Hospital – Exact days of hospital stay and bed rest should be noted
• Treatment – Duration of treatment and any permanent use should be documented
• Pain, Depression, Anxiety – must be documented in medical records

Recovering Money For Injuries After An Accident

1. Stop Your Car

2. Aid Injured Parties

3. Provide Legally Required Information

4. Seek Medical Attention

5. File an Accident Claim With Your Insurance Companies

6. Consult an Los Angeles Accident Attorney About Your Rights

(a) Nature, extent and duration of injuries; (b) Pain and suffering from injuries; (c) Disability, both temporary and permanent; (d) Reasonable expenses resulting from injury, including medical and hospital expenses; (e) Loss of income; (f) Loss of Use and/or; (g) Value of damage to property.

U.S. Court of Appeals for the Ninth Circuit KAASS Law v. Wells Fargo

On August 27, 2015 KAASS Law filed docket number

This issue was raised for the first time in history on appeal by KAASS Law. On appeal KAASS Law made two principal arguments, however before hearing the second argument, the panel held that § 1927 does not permit the imposition of sanctions against a law firm. The 9th Circuit Court reversed and vacated the district court's order, holding that § 1927 does not permit sanctions against a law firm. Thus, the panel reversed the district court's decision in granting Well Fargo's motion for sanctions against KAASS Law pursuant to 28 U.S.C. § 1927, and vacated the order imposing sanctions on KAASS Law.

First Argument:

KAASS Law argued the district court abused its discretion by imposing sanctions pursuant to 28 U.S.C. § 1927 because sanctions under that statute can only be made against an individual attorney, and not against a law firm.

Second Argument:

Common Agreements Used by Tech and Robotic Startups

Intellectual Property Licensing Agreements

• Licensed intellectual property provides property rights and proprietary rights for software, or any computer related intangible asset.
• What you should include in the Licensing Agreement
• License Scope: Contain sections regarding limited use and make sure you have the ultimate power and control of the license scope.
• Revenue From Your Product: Make sure you have control on the stream of revenue whether it is a one-time license fee or royalties
• Term length
• Warranties
• Rights to source code
• Support services

Important Note: Licensing Agreement should be in writing

Joint Venture Agreements in California:

• Joint Ventures Agreement is the mutual collaboration and agreement between two or more businesses.
• Important questions to consider:
• The amount of each parties contribution
• The type of work of each parties contributions
  • Specific skills or expertise
• What is the monetary distribution
• The party responsible for operations
• The term or legnth of the agreement
• Is there a planned end date? What is the procedure for termination?
• What is the process for using intellectual property outside of the venture?
• How do you plan on settling disagreements?

California Independent Contractor Agreements

• California Independent contractors are legally considered non-employee who provide a service for you or your business.
  • Such as, developers, software engineers, accountants, marketing gurus.
  • For tax purposes complete 1099-MISC forms.
  • It is recommended that the contract include terms such as expected type of work to be rendered, payment method, duration, confidentiality, attorney's fee provision, and ensure that work product is properly assigned to the company.

Technical Assistance Agreement

• A Technical Assistance Agreement dictates the process of discussing and presenting technical to a foreign national.
• Important Notes:
• If the information or "data" being discussed is proprietary and out of the commercial marketing scope then the information should be handled under Technical Assistance Agreements.
• Deliveries in association with TAA may require a separate exporting license.

• Required TAA Information Checklist
• Is your company registered with {meta.phoneFormatted}.

  Intellectual Property Licensing Agreement Video

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San Bernardino Attorney Aiding Families Effected By The Cajon Pass Fire

What Does My Homeowner's Policy Cover?

How Do I Know if There is Smoke Damage to My Home?

So, Who Pays For the Thorough Inspection and Fix?

Does My Policy Cover Home Inventory?

Will My Insurance Company Pay the Extra Expense of Living Elsewhere?