The Ladva Law Firm

If Your Employment Rights Have Been Violated Or If You Have Been Injured By Another Party, Check Out These Resources

Have you found our recent blogs helpful? The following resources offer more useful information about your employment rights and personal injury law.

• Negligent conduct is that which falls below a legally recognized standard for people in similar circumstances.
• The reasonable person standard of care is used in negligence cases to evaluate the defendant’s actions or inaction.
• Visit the California Department of Industrial Relations site to learn more about an employee’s right to overtime compensation.
• It is normal to feel confused and disoriented following an auto accident, which is why this CNN article outlines the steps you should take after an accident.
• California is an at-will employment state, but there are exceptions that prohibit employers from taking negative employment action in certain circumstances.

Do you have additional questions about these topics? Call The Ladva Law Firm at (415) 296-8844 to speak with a personal injury lawyer in San Francisco.

How an Employment Lawyer Can Help if Your Wage & Hour Rights Are Being Violated

Federal and state laws govern a variety of aspects of employment and are meant to protect employees in the workplace. For example, the Federal Fair Labor Standards Act and the California Labor Code require employers to pay their employees a fair wage and compensate them for working overtime. Continue reading to learn more about your wage and hour rights and how an employment lawyer can help if these rights are being violated.

Employer Failing to Pay Overtime
California employees are entitled to receive overtime pay if they are classified as nonexempt. Overtime is to be paid at a rate of one and one-half times the employee’s regular pay rate when the employee works more than eight hours in a workday and for the first eight hours worked on the seventh straight day in a workweek. Employers often try to classify employees as exempt to avoid paying for overtime.

Employer Failing to Allow for Breaks
There are also laws requiring employers to provide employees with break and meal times. This is an often overlooked right, and some employees are completely unaware that they are entitled to these breaks.

Employer Failing to Pay As Agreed
When you entered your employment relationship, your employer likely told you when and how you would be paid. If you experience problems with bounced checks or your employer fails to pay you on time, your rights have likely been violated.

If you believe that your employer has violated state or federal wage and hour laws, you should consider seeking the advice of an employment lawyer. At The Ladva Law Firm, we have handled a variety of claims, and we know what it takes to help you get the compensation you deserve. Call our San Francisco office at (415) 296-8844 to learn how an employment lawyer can help.

The Frightening Reality of Medical Mistakes Inside American Hospitals

Have you or a loved one recently visited the hospital? The frightening reality of medical mistakes may make you think twice before making a trip to the emergency room again anytime soon.

This ABC World News video explores the shocking statistic that one in three patients will face a mistake during their hospital stay. Researchers say that it is not that hospitals are getting worse, but that the methods used to track those errors are getting better. For example, one study looked at 795 patient records. Following standard reporting methods used by hospitals, there were 35 errors found. Using a new computerized method to analyze the same records, there were actually 354 mistakes.

Legal Terms and Phrases That Are Important to Personal Injury Cases

Personal injury law includes legal claims that deal with individual harm to the mind or body. It is a broad field of law that includes everything from auto accidents to premises liability cases. To learn more, contact a personal injury lawyer here in San Francisco. In the meantime, read through the following terms and phrases to familiarize yourself with the language you will hear during and after your initial consultation.

Civil Claim
Legal claims are either criminal or civil in nature. Civil cases are those that involve no criminal penalties, and monetary compensation is often involved. These types of cases are most commonly about damage to property, contracts, or personal injury.

Negligence
Negligence refers to conduct that falls below a legally recognized standard of care, often referred to as the “reasonable person” standard. To prove a case for negligence, the plaintiff must show that the defendant owed him or her a duty of care, that the defendant breached that duty of care, that the actions were the cause of harm, and that the plaintiff was in fact injured.

Reasonable Person Standard
This is the most common standard of care in negligence. It involves comparing the defendant’s conduct to the actions of a hypothetical reasonably prudent person in similar circumstances.

Causation
There are actually two types of causation, factual and proximate. One test that is often used to determine causation is the “but for” test. If your injury would not have occurred but for the defendant’s conduct, the causation element will likely be satisfied.

Liability
Liability is nearly synonymous with responsibility. If someone is responsible for causing you harm, they may very well be liable to you for your injuries.

If you have been injured in an accident due to someone else’s negligent or wrongful conduct, do not wait to speak with a personal injury attorney about your case. Call The Ladva Law Firm of San Francisco today at (415) 296-8844 to learn more about your rights. We will fight for you and will work to get you the maximum results you deserve.

Click Through These Links For Helpful Legal Information Pertaining To Your Case

If you have questions about personal injury or employment law, there are a number of resources that can help you learn more in preparation for meeting with an attorney. The following links offer helpful information.

• Whiplash is one of the most common injuries associated with auto accidents. Take a look at this WebMD article to learn more about this injury.
• Traumatic brain injuries range in severity and pose a serious public health problem. The Centers for Disease Control and Prevention discusses this further.
• If you have been injured in a car accident, there are certain steps you should and should not take. Visit this site to learn about what to do following an accident.
• Slip and fall accidents are one of the leading causes of unintentional injuries in the United States, and a property owner may be held liable for a victim’s injuries in some cases.
• California law provides for at-will employment, but you may have a wrongful termination case if you have been let go based on your participation in a protected activity or your membership in a protected group.

If you are looking for a personal injury or employment lawyer in San Francisco, contact The Ladva Law Firm by calling (415) 296-8844. We work hard to get the best results possible for our clients.