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I have been discriminated against at work because of my sexual orientation in California. Can I sue my employer?

Yes, you may be able to sue your employer if you are discriminated against at work because of your sexual orientation. As a whole, American society has taken huge steps in recognizing legal rights of gay and lesbian individuals. However, discrimination still occurs, and often happens at work. Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace based on certain characteristics, including age, race, sex, religion, and more. Title VII does not explicitly forbid discrimination based on sexual orientation. However, in 2011 and 2012 the EEOC ruled that job discrimination against lesbians, gays, and transgendered …

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Can I sue my Uber driver if I am injured in an accident?

Any time you ride in a car that is driven by someone else, you place your safety in the hands of another party, and you expect them to make the best decisions. Unfortunately, many drivers that work for companies such as Uber and Lyft engage in poor driving behaviors, which can lead to a serious accident that can harm the passengers in the vehicle. When a person hires Uber, Lyft, or a taxi company, they expect to be transported safely. Many Uber and Lyft passengers are injured every year because the driver was distracted by using a cell phone, talking …

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I suffered medical issues because of a surgical stapler. What are my legal options?

I’m sorry to hear about your medical problems. You are likely talking about a device called TigerPaw II. This device is a surgical stapler that is commonly used during open heart surgery. The purpose of the TigerPaw II is to close the tissue in the heart that was opened during surgical procedures that are used to treat atrial fibrillation. Atrial fibrillation occurs when the chambers of the heart do not keep a steady rhythm with each other. As a result, blood clots can form in the heart, which may cause a heart attack or a stroke. If you suffer from …

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I was in an accident with a truck driver. Can I sue?

Accidents involving trucks in Los Angeles are not unusual. There are thousands of trucks driving through the congested roads of Los Angeles and the surrounding communities daily. Many of those truck drivers have very tight deadlines that can cause them to drive while they are tired or distracted. In addition, some of the truck drivers on the roads are not properly trained for the job. Trucking companies have a duty to the public to hire qualified drivers who are competent at their jobs. Because of the size and speed at which trucks travel, if a tractor trailer is involved in …

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I had a limb amputated. I have heard that oxygen therapy could have saved my limb. Can I sue my doctor for medical malpractice?

I am so sorry to hear about your amputation. As an amputee as well as a personal injury attorney, I can understand the physical and emotional issues that an amputation can cause. In some cases, an amputee may be able to sue a doctor for medical malpractice for issues related to the amputation. Most medical malpractice cases hinge on whether or not a health care professional was negligent in treating or failing to treat a patient. Medical malpractice cases are always evaluated by the medical standard of care that is applied in the specific medical treatment setting in which the …

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What are my options if I am in an automobile accident in Los Angeles with an uninsured driver?

No matter how safe of a driver you are in Los Angeles, unfortunately you share the roads with other drivers who may not be as safe. Normally when you have an injury caused by the fault of another party, you are entitled to pursue a lawsuit for all of the damages to which you are entitled by law. However, if the person who caused the accident has no insurance or inadequate insurance, and no personal assets to compensate you, you may be out of luck. This is a good reason to have uninsured or underinsured motorist insurance as part of …

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If I am injured in an accident because of a defective stairway in Los Angeles, can I sue for damages?

Stairs can easily cause accidents, even when they are in good condition and have no defects. If a stairway is poorly built or is in a state of disrepair, it can be very dangerous. Some experts say that there are roughly one million emergency room visits in the U.S. every year due to falls on stairs. Some of the falls are obviously caused by the negligence of the person climbing the stairs, but many other accidents occur because of poor maintenance, slippery surfaces, bad lighting, or similar causes. Most people do not pay much attention on stairways. Our bodies expect …

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I have been injured in a mall in Los Angeles. Is the mall’s owner responsible for my injuries, or the owner of the store in which I was shopping when I was injured?

I am sorry to hear about your injury. Figuring out who is responsible for an accident that occurs in a mall or shopping center can be complicated. You should speak with an attorney who can advise you on which parties may be held responsible, and the best course of action to take with the case. If you have been harmed in an accident in a mall or shopping center, you should speak with an attorney as soon as possible. Normally, the legal entity that owns and operates the mall has a duty to ensure the safety of all of the …

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My child was hurt when he/she had an allergic reaction to food eaten at school. Can I hold the school responsible for medical expenses?

Yes, you may be able to hold the school responsible for your child’s allergic reaction, if the school was aware that the child had an allergy and fed your child that food anyway. Studies have shown that more and more students are reporting food allergies, and schools have a responsibility to keep their students safe. If teachers and administrators do not put policies and procedures in place to help manage allergies, and do not take appropriate actions to protect their students, children can be harmed. Under federal law, schools and daycare centers must accommodate students with food allergies. This must …

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I was harmed during a surgery that was being monitored by intraoperative monitoring technicians. What are their responsibilities during my surgery and can I sue for malpractice?

The field of intraoperative monitoring, which is also called intraoperative neurophysiological monitoring (IONM), has been booming. The number of private companies that work in the IONM field has increased dramatically. As part of that growth, there have been issues with oversight of the doctors and technologists involved. The responsibilities of intraoperative monitoring technicians is to interpret data from the patient’s nervous system in real-time as it occurs during surgery. If there is a problem, the technician must notify the surgeon immediately. The technician must also monitor the equipment to ensure that it is properly functioning. Currently, there is no standard …

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How can I start a class action lawsuit in Los Angeles?

If you believe you and others in your situation have a viable claim against a large company, you may wish to start a class action lawsuit if there isn’t one already in place. Normally, the way to start a class action lawsuit is by choosing a class action attorney. When choosing a class action attorney, probably the biggest factor you should take into consideration is his or her experience in handling personal injury lawsuits. To be successful, class action lawsuits normally require experience and expertise with handling class actions. The attorney will help file the necessary paperwork, proving that there …

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I seriously hurt my spinal cord in my accident. What can I expect to receive in a personal injury lawsuit?

I’m sorry to hear about your spinal cord accident. Any type of trauma can result in an injury to the spinal cord. How severe the impact and how the force is focused on the spinal cord can impact the type of injury, and the victim’s odds of recovering from the injury. There are roughly over 10,000 new non-fatal spinal cord injuries in the U.S. each year. Tragically, less than one percent of spinal cord injury victims ever fully recover from their injuries. The most common causes of spinal cord injuries are falls, motor vehicle accidents, and sports accidents. Generally, the …

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