November 2017 - Page 2 of 3

If I had a very minor automobile accident in California, do I need to hire an attorney?

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Not everyone who has been in an automobile accident needs an attorney. However, it is not always easy to recognize when you may need an attorney. Below are some ways to tell when you should hire a personal injury attorney.

First, if you had a very minor accident with very few or no damages to your car, and you did not suffer any injuries, you likely do not need an attorney. The insurance company for the other driver should cover your damages, and you can get your car fixed and that will be the end of it.

Obviously, if you had a major accident with medical expenses, you took time off work, you had major damage to your vehicle, etc., you should hire an attorney. It’s likely if you settled with the insurance company directly you would not receive all the compensation to which you are entitled.

Some cases fall in the middle – there may be minor injuries and a moderate amount of damage to your car. For those cases, there is no harm in speaking to a reputable attorney who will advise you on the best course of action. It may be to negotiate the case on your own, or in some cases there may be aspects of the case that you haven’t considered, that mean that you need an attorney.

If you are unsure about the best course of action and you are in the Los Angeles area, call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. I can advise you on whether you should engage an attorney or handle the case on your own. Call today to schedule a free consultation on your case.

I believe I was illegally fired in California. Can I sue my employer for wrongful discrimination?

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It’s not uncommon for people who have been laid off or fired to believe that their employer acted illegally. They may believe that they were a good employee and the employer must have a good reason to fire him or her. However, that is not correct. In California, employers can fire employees for any reason or no reason at all, unless the reason was illegal. California is called an “at-will” state.

Although California’s laws are friendly to employers, employees do have some legal rights. An employer cannot fire an employee if the termination is based on illegal discrimination – such as firing someone for being gay, pregnant, too old, a certain race or religion, or for being disabled. An employer also cannot fire an employee to get revenge on the employee for reporting some illegal action the employer was taking. There are also some employees that may have extra protections. For example, union members and government employees may have additional rights and protections that are not available to employees in other industries. Employers also cannot fire employees who refuse to break the law.

As an employee, if you have been wrongfully terminated, you employer may have also taken other illegal actions. You may not have been paid all of the wages to which you were entitled, such as overtime or minimum wage. Your employer may have refused to pay you your accrued vacation leave. Also, it’s likely that your employer will ask you to sign a severance agreement. Most severance agreements require employees to sign their claims away against the employer in exchange for severance pay or benefits. Although it can be tempting to sign that in order to be able to make ends meet, you should contact an employment attorney who can advise you of your rights.

If you have been fired and you believe it was illegal, call me, Conal Doyle, Los Angeles employment attorney at 310-385-0567. I can help. Call today to learn more or to schedule your free consultation.

Can I sue on behalf of my child if he/she got cerebral palsy in Los Angeles?

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I am very sorry to hear that your child has been diagnosed with cerebral palsy. In some cases, cerebral palsy occurs through no fault of anyone, but in many cases another person or company is responsible for an incident that led to your child developing cerebral palsy. If that occurs, you may be able to bring a lawsuit on behalf of your child for damages. To be successful, you will need to put together evidence and present a solid case at trial.

Typically, in order to win a case involving a cerebral palsy diagnosis, you must be able to prove that your child was injured, that another person or company had a duty to your child that was breached, that the breach of that duty resulted in those injuries, and what types of damages your child has. If you are successful, you may be able to recover damages on behalf of your child. Normally those, damages include compensation for loss of quality of life, pain and suffering, medical expenses, and more.

As mentioned above, in some cases it is no one’s fault when a child develops cerebral palsy. In general, cerebral palsy occurs because of disorders of the brain or injury to the brain. Cerebral palsy can occur before, during, or after childbirth. During pregnancy, there may be oxygen deprivation or another issue. Oxygen to the brain may be affected during childbirth as well. In some cases, cerebral palsy can develop after childbirth as a result of trauma or an infection.

Everyone who develops cerebral palsy is affected differently. The case may be mild, or could affect your child negatively for the rest of his or her life. Your child may lose the ability to speak or to grow. It can affect coordination and reflexes.

If you are in the Los Angeles area and you believe that a third party’s actions were responsible for your child developing cerebral palsy, you should speak with an attorney. Call me, Conal Doyle, Los Angeles medical malpractice attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation.

Recent Study Found that Many Americans do not Understand Dangers of Prescription Drug Use and Driving

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A recent study found that one in five Americans who are taking prescription drugs are not aware that their medications are making safe driving more difficult. These findings are particularly disturbing, because other studies have found that there is a significant relationship between the use of traffic accidents and some prescription drugs.

There are many types of prescription drugs that can impair a person’s driving ability. Benzodiazepines are drugs that can treat anxiety, seizures, insomnia, and more. Benzodiazepines can also be used to sedate patients before dental procedures. Studies have shown that patients who are taking benzodiazepines while driving are up to seven times more likely to be involved in a car crash causing serious injury or death than drivers who are not taking benzodiazepines. There are also many other drugs that can affect a driver’s ability, including antidepressants, stimulants, sedatives, and opioids.

The recent study collected data anonymously from 7,000 drivers. Almost 20 percent reported taking at least one potentially impairing drug within the previous two days. Many of those drivers said that they were not aware that the medication could affect their driving ability. Some demographic groups were more knowledgeable of the dangers of using prescription drugs while driving than others.

The study was not able to determine why so many drivers were unaware that prescription drug use while driving can be dangerous. The findings suggest that increasing warnings may not be enough to get people to change their driving habits – penalties may need to be increased and roadside warnings performed.

If you have been involved in an accident with an individual that you suspect was impaired by prescription drug use, you should speak with an attorney. If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team can help. Call today to learn more or to schedule your free consultation.

I have bad scarring from a car accident. Do I have any legal rights?

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I’m sorry to hear about your car accident and about your scars. You may have a legal right to damages after your injuries – it depends on the facts and circumstances of the accident.

Scarring is what happens when the skin is healing itself from an injury. The body produces collagen, which is a protein that is used to close up a wound. Collagen breaks down as the wound heals, which results in scars becoming less visible and smoother. If the wound was a severe one, the scar may not easily fade and can make it difficult for the victim to move. Some common causes of scars include cuts and lacerations (such as from a car accident), burns, dog bites, and surgery.

There are medical treatments now that can help reduce scarring. In some cases, the scar can be surgically removed. If the scar is a very serious one, a skin graft may help. Dermabrasion can also help, which refers to removing the upper layer of skin. However, even with the best medical treatment, scars cannot be completely removed.

If you have been harmed by another person’s actions, which has resulted in a scar, you should speak with an attorney. In most situations, the most difficult part of the case is proving how much damages you are entitled to. The scar may not involve large amounts of tangible medical expenses, but can be devastating for the victim.

Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567 if you have scarring from an accident. I may be able to help. Call today to learn more or to schedule a free consultation.

If I am pregnant in California and I go to a job interview and the company does not hire me because I am pregnant, can I sue the company?

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Legally, yes, you can sue a company that fails to hire you because you are pregnant. Under both state and federal law, employers must not discriminate against women because they are pregnant. That includes failing to hire them because of a pregnancy.

However, practically speaking, it can be difficult to win a case of pregnancy discrimination if you were not hired by a company. Although it is illegal to refuse to hire a woman because she is pregnant, most companies will manufacture other reasons why a woman was not hired, other than pregnancy, and it can be hard to disprove those excuses. The company may say she did not interview well, was not a good fit for the company, more qualified applicants were available, and similar excuses. If the company is a large company that routinely interviews pregnant women and refuses to hire them, and the company’s pattern can be proven, it can be easier to prove your case.

Other illegal situations involving pregnant women can be easier to prove. If an employer fires employees for becoming pregnant, that is illegal and the women can sue. Companies also cannot refuse to hire women of a certain age for fear they may become pregnant. Employers must also allow reasonable time off for doctors’ appointments. Also, employers have to offer maternity leave to their employees under certain circumstances, although it does not have to be paid maternity leave.

If you are pregnant and you believe your employer has violated your legal rights, you should speak with an attorney. If you’re in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. I will provide you with a free consultation on your case. Call to learn more.

Am I legally allowed to post about my personal injury case on social media?

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Legally, yes, you are allowed to post information about your personal injury case on Facebook, Twitter, Instagram, etc., if you have been injured in an accident, but it’s almost never a good idea. Information you post online can almost never help your case, but could easily damage it. Social media is playing a bigger role in our lives than ever before, and many people share most details of their personal lives, but it is not a good idea if you are involved in a personal injury claim.

First, it is the job of insurance adjusters and defense attorneys to minimize the amount of money you get. They will almost certainly take at least a quick scan of your social media pages, to attempt to prove that you are not as hurt as you claim to be. If you are seeking damages for emotional distress and your physical injuries, but post pictures of you partying at a club with your friends or engaging in physical labor, that makes your injuries seem insignificant. This may seem unfair, but it happens.

Also, you are most likely very angry at the person or organization that harmed you. It can be tempting to vent your frustrations on social media. This can make it seem like you are only seeking money to harm the defendant, even if your anger is justified.

You may also think it’s ok to post factual information on your injuries to keep everyone informed about what’s going on. However, these cases are complex, and even a slight inaccuracy can cast doubt on your claim. For all of those reasons, it is better to restrict your use of social media until your case is over. The last thing you want to do is to let a careless post destroy your very legitimate case.

If you have any questions about your personal injury case and you are in the Los Angeles area, call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

I am worried about losing a limb to diabetes. Can I sue my doctor if I have a limb amputated?

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Whether or not you can sue your doctor for your amputation depends on the circumstances of your amputation, but is probably unlikely. Amputations are a real danger for diabetes. About 30 million adults have diabetes, and over 1.5 million new cases develop every year. Many cases of diabetes can be treated or prevented in patients by controlling weight, exercising regularly, and healthy eating.

Diabetes is a metabolic disorder that is caused by high blood sugar caused by a lack of insulin. The lack of insulin can be caused by problems with the pancreas. Most diabetics need to control their blood glucose level to prevent complications, such as amputation. This happens through medications, diet, and exercise. Meal planning is especially important for diabetics, and good nutrition can help improve blood glucose levels.

Normally, in order to prove medical malpractice, you must show that the doctor treating you failed to follow the accepted standard of care in the medical community. You must also show that the failure to follow the standard of care resulted in your harm. In most cases, the doctor is not liable for a diabetic patient’s amputation. However, there are some circumstances in which a doctor could be held liable for amputation. If the doctor failed to take proper steps to prevent the amputation, such as acting quickly in treating foot ulcers, the doctor may be held liable. Also, if the doctor failed to give the patient proper advice in how to deal with the condition, the doctor may be held liable.

If you are an amputee and you believe you may need legal advice, call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I am not only a personal injury attorney, I’m also an attorney. Call today to learn more or to schedule a free consultation on your case.

I am employed as a dock worker in Los Angeles. I was hurt at work. Can I sue my employer?

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Dock workers are at a huge risk for injuries. Loading docks can be busy, chaotic places, and in many situations the employer does not put a big priority on safety. Dock workers who are injured could end up with large medical bills, lost wages, and even death or permanent disability. Dock workers who are injured on the job should speak with an attorney.

Typically, loading docks are full of hazards that can result in injuries. Normally, large trucks and other vehicles are coming in and out of the area. There may be elevated surfaces and a great deal of mechanical equipment in use. The environment is often busy and may be disorganized. Some of the common hazards that dock workers in Los Angeles face include slip and fall accidents, exposure to chemicals or other dangerous substances, and injuries involving lifting heavy objects.

By law, employers in Los Angeles have a duty to provide a safe work environment for employees, particularly in areas that could be hazardous, such as loading docks. Employers must provide the necessary safety gear, equipment, and training that will help prevent injuries. OSHA safety standards must be complied with. If an injury on the job does occur, employers may be responsible for workers’ compensation. In some cases, an injured employee may be able to sue the employer directly for his or her injuries.

Call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567 if you have been injured at a loading dock. My team can help. Call today to learn more or to schedule a consultation.

I have cauda equina syndrome after an accident. Can I obtain damages for that medical condition?

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Cauda equina syndrome (CES) is a serious condition. It occurs when the nerves at the end of the spinal cord are compressed. CES requires emergency surgery – if it’s not treated quickly, it can result in paralysis, difficulty walking, other neurological issues, and impaired bladder or bowel control.

CES can develop suddenly, or could take weeks or even months. Some symptoms of CES include lower back pain, pain or numbness in one or both legs, and altered sensations on the thighs, back of legs, feet or heels. Patients can develop CES with no history of back issues, or may have a long history of sciatica or low back pain. Some common causes of CES include the growth of tumors, fractures, infections, and violent impacts, such as falls or car accidents.

In rare cases, CES is a complication of spinal anesthesia. This can occur in patients that are on anticoagulation therapy. Reports have associated spinal anesthesia that has been administered through a small gauge needle with CES. It’s important that doctors rule out CES if a patient who has received spinal anesthesia complains of back pain.

You may be able to obtain damages for your CES from the negligent driver who caused your accident. Also, if you believe your doctor failed to act quickly enough in diagnosing your CES, which exacerbated the problem, you may have a case for medical malpractice.

Call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. I can help. Call today to learn more.