Areas of Practice
Common types of personal injury claims include road traffic accidents, work accidents, tripping accidents, assault claims, and product defect accidents (product liability). The term personal injury also incorporates medical and dental accidents (which may lead to medical negligence claims ) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases. Personal injury cases may also include toxic torts, in which a contaminant transmitted by air or water causes illness, injury, or death.
Some non-economical damages such as pain and suffering attributed to the damages, like for example having anxiety after a car accident, may be attributed to general damages that can be proved in court and may be entitled to monetary means of compensation. There are other torts, both intentional and non-intentional, that may be pursued and or mixed with personal injury.
The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer are mediated through a contract of employment between the two. This has been the case since the collapse of feudalism. Many contract terms and conditions are covered by legislation or common law. In California the law allow for employment to be "at will", meaning the employer can terminate an employee from a position for any reason, so long as the reason is not explicitly prohibited, and, conversely, an employee may quit at any time, for any reason (or for no reason), and is not required to give notice. One example of employment terms is the duty to provide written particulars of employment to an employee. This aims to allow the employee to know concretely what to expect and what is expected. It covers items including compensation, holiday and illness rights, notice in the event of dismissal and job description. The contract is subject to various legal provisions. An employer may not legally offer a contract that pays the worker less than a minimum wage. An employee may not agree to a contract that allows an employer to dismiss them for illegal reasons.
In common law jurisdictions, medical malpractice liability is normally based on the laws of negligence. As a broad general rule, liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient or if a practitioner holds himself out as a specialist a higher degree of skill is required. Jurisdictions have also been increasingly receptive to claims based on informed consent, raised by patients who allege that they were not adequately informed of the risks of medical procedures before agreeing to treatment.
Among the acts or omissions that may potentially support a medical malpractice claim are the failure to properly diagnose a disease or medical condition, the failure to provide appropriate treatment for a medical condition, and unreasonable delay in treating a diagnosed medical condition. In some jurisdictions a medical malpractice action may be allowed even without a mistake from the doctor, based upon principles of informed consent, where a patient was not informed of possible consequences of a course of treatment and would have declined the medical treatment had proper information been provided in advance.
Our Business Law practice encompasses many different areas including: Contracts, the law of Corporations and other Business Organizations, Trusts & Estates, Labor Law, and Employment Law.
Estate Planning is the process of anticipating and arranging for the management and disposal of your estate during your life and after death, with a goal of minimizing gift, estate, generation skipping transfer, and income tax. Estate planning includes planning for incapacity as well as a process of reducing or eliminating uncertainties over the administration of a probate and maximizing the value of the estate by reducing taxes and other expenses. The ultimate goal of estate planning can be determined by your specific goals, and may be as simple or complex as you like. Guardians are often designated for minor children and beneficiaries in incapacity.
Government or Professional Negligence
Negligence is a failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances. The core concept of negligence is that people, professionals, or governments should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss.
The major categories that make up Elder Law are estate planning; wills; trusts; guardianships; protection against elder abuse, neglect, and fraud; end-of-life planning; all levels of disability and medical care; retirement planning; Social Security benefits; Medicare and Medicaid coverage; Medicaid planning; consumer protection; nursing homes and in-home care; powers of attorney; physicians' or medical care directives, declarations and powers of attorney; landlord/tenant needs; real estate and mortgage assistance; various levels of advice, counseling and advocacy of rights; tax issues; and discrimination.