October 2017 -

I was fired because of my ethnicity in Los Angeles. What can I do legally?

Posted on by

Legally speaking, “ethnicity” refers to ethnic traits, ethnic backgrounds, or associations. Ethnicity typically means a certain group of people that have racial and religious traits in common, as well as a common language. Many Americans have negative feelings about members of some ethnic groups based on stereotypes or prejudices. If a person discriminates against another person based on ethnicity in the workplace, that person has violated both state law and federal law.

Under Title VII of the Civil Rights Act of 1964, discrimination on the basis of religion, national origin, or race is illegal, which typically includes ethnicity. Ethnicity discrimination is also illegal under state law. California’s Fair Employment and Housing Act prohibits discrimination on the basis of race, color, religion, national origin, and more.

If you have been discriminated against in the workplace in Los Angeles because of your ethnicity, you may be able to file a federal or state lawsuit, or a federal or state claim. It can be difficult, however, to know if you have been discriminated against on the basis of ethnicity. Generally, if a person’s compensation, benefits, work assignments, or training are negatively affected by his or her ethnicity, that is considered illegal discrimination. Also, if a company refuses to hire, fires, or refuses to promote an individual because of ethnicity, that is also illegal.

Discrimination based on ethnicity can be difficult to prove, but not impossible. If you believe you have been discriminated against because of your ethnicity, call me, Conal Doyle, Los Angeles ethnicity discrimination attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation.

I suffered a traumatic brain injury in an accident that was someone else’s fault. Can I sue in Los Angeles?

Posted on by

I am very sorry to hear that you suffered a traumatic brain injury. Brain injuries are among the most serious injuries that a person can incur. Many people with traumatic brain injuries never fully recover. If they do recover, the brain injury can cause problems later, and the recovery period may be very long. You should consider consulting with an attorney if you have suffered a traumatic brain injury because of another party’s negligence.

All areas of a victim’s life can be affected by a traumatic brain injury. The injury can put a serious strain on family members and friends. Medical expenses may be astronomical. The brain injury victim may be unable to work, and his or her quality of life may be impacted. Fortunately, a lawsuit can provide compensation that can help a victim recover.

To win your case, you must be able to legally prove that the injuries that you suffered were the direct result of another person or company’s negligent actions. You must prove that the defendant owed you a duty of care, he or she breached that duty, and that your injuries were a direct result of that breach of duty. You must be able to show the court exactly what caused your injuries, and how the duty of care was breached.

If you have suffered a brain injury in the Los Angeles area, step one should be seeking medical treatment for your injuries. You should also contact a personal injury attorney if your brain injury was caused by the negligence of another party. 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 suffered an amputation due to an infection after giving birth. Can I sue the hospital?

Posted on by

I am very sorry to hear about your amputation, particularly in connection with so joyous an event as the birth of a child. Yes, you may be able to sue the hospital for your amputation. In order to sue a hospital, you must be able to prove that the hospital committed medical malpractice.

Medical malpractice has occurred if a health care professional breached a duty to his or her patient, and that breach caused an injury. In deciding whether a doctor breached his duty to a patient, courts typically consider whether the doctor provided the same standard of care as other doctors in the medical community. Normally, medical experts are involved who will look at the situation, what actions the doctor or hospital took, compare those actions with the actions of others in the same medical community, and determine whether negligence occurred.

If you contracted an infection in a hospital which resulted in the loss of your limbs, it’s likely that the hospital was negligent in some way. Hospital-acquired infections are becoming more prevalent, and unfortunately some of those infections are resistant to antibiotics.

If you have become an amputee because of a hospital’s negligent actions, call me, Conal Doyle, Los Angeles Amputee Attorney, at 310-385-0567. I am also an amputee as well as a personal injury attorney. I can help. Call today to learn more or to schedule your free consultation.

I believe I was fired for reporting my boss for violations of safety codes. Is that legal?

Posted on by

No, what you are describing is not legal, and is called workplace retaliation. Legally speaking, workplace retaliation occurs if an employer punishes an employee for engaging in a legally protected activity. Reporting your boss for violating safety codes is a legally protected activity in which you have the right to engage.

Retaliation includes not only being fired, but also any negative job action, such as salary or benefit cuts, job or shift changes, demotions, and disciplinary actions. Employers cannot legally retaliate against employees who report their employers’ violations of federal, state, or local laws.

It can be difficult to tell if an employer is retaliating against you. By law, to tell if retaliation has occurred in the workplace, you must look at all the surrounding circumstances of the situation. If an employer is rude to you because you spoke out, that alone is probably not considered retaliation. However, if an employer demotes you or fires you because of your complaints, that is considered retaliation. If an employer’s adverse actions would prevent a reasonable person in a situation from making a complaint, the action could be considered illegal retaliation.

If you believe that you have been the victim of workplace retaliation after making a complaint, there are some steps you should take. Talk to your supervisor or to the human resources manager – there may be another, legitimate reason for the actions taken against you. However, if there is no good explanation and you believe that you were retaliated against, you should speak to an attorney. If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. Call today to learn more or to schedule a free consultation.

How do I sue someone for negligence in Los Angeles?

Posted on by

In most claims that arise from accidents or mistakes in Los Angeles, the basis for holding another person or business legally responsible comes from a legal theory called negligence. Under California law, if a person or a business behaves in a negligent way, the careless person will be legally liable for any harm that results because of those negligent actions.

To win a negligence case in Los Angeles, normally the injured party (the plaintiff) must prove four elements to show that the defendant acted negligently. First, the plaintiff must prove that the defendant owed a legal duty to the plaintiff under the circumstances. For example, a driver owes a duty to other drivers on the road to drive carefully, and a doctor owes a duty to his or her patients to treat them with a high level of care.

The second element that must be proven is a breach of the duty of care. If a driver was driving while intoxicated and hit another car, obviously he or she breached the duty of care. If a surgeon removed a kidney instead of a pancreas during an operation, the duty of care was breached. The third element is proving that the defendant’s actions or inactions caused the plaintiff’s injury. Finally, it must be proven that the plaintiff suffered some type of damages from the defendant’s actions.

If you are able to prove those four elements, you may be able to recover compensation for your injuries, assuming that the defendant has assets to pay your damages or an insurance policy. In most personal injury cases, the plaintiff’s attorney is able to work out a settlement before going to court, but in some cases a trial is necessary.

If you have been injured because of the wrongful actions of a person or a business in Los Angeles, you should speak with an attorney. Call me, Conal Doyle, Los Angeles negligence attorney, at 310-385-0567. Call today to learn more or to schedule a free consultation.

If my child was killed because of another party’s wrongful actions, can I sue the wrongdoer?

Posted on by

If you have lost a child because of another party’s wrongful actions, please accept my condolences. The loss of a child can be unbearable. Unfortunately, there are often many circumstances that can compound the loss of a child. Surviving members often must deal with financial losses, including medical bills, burial and funeral costs, and lost wages from time taken off work to grieve. The parents in that situation often must hire an attorney to file a claim for compensation for the loss of a child.

Under California law, parents can legally file a wrongful death lawsuit if another party’s actions resulted in the death of a child. In a wrongful death case, the parents of a child who was killed can seek compensation for their expenses, loss of companionship, pain and suffering, and more. In some situations, punitive damages are available, which are designed to punish the wrongdoer for his or her wrongful actions.

Wrongful death cases in California can be very complex. Wrongful death cases may involve complex investigations using accident reconstruction experts. Expert witnesses may need to be involved to testify how or why an accident occurred. Eyewitness testimony can also be valuable.

To win a wrongful death case in Los Angeles, you must be able to show that your child died because of the negligent actions of another party. You must be able to prove that the defendant had a legal duty of care, breached that duty, and that those actions caused the death of your child. Although no amount of money will ever bring your child back, money can help with your expenses and can help you get back on your feet after a loss.

If you lost your child in Los Angeles because of another party’s negligence, call me, Conal Doyle, Los Angeles wrongful death attorney, at 310-385-0567. My team can help.

My mother has Alzheimer’s disease and left her nursing home. Can I sue the home?

Posted on by

I’m sorry to hear about your mother. Whether or not you can sue the nursing home depends on the circumstances of what happened. Wandering away from a nursing home (also known as elopement) is very common, especially among those who are cognitively impaired. If you believe your loved one was neglected by a nursing home, you should speak to an attorney.

There are roughly five million people in the U.S. with Alzheimer’s disease. There are many other cognitive diseases that can lead to wandering in addition to Alzheimer’s. About two-third of nursing home patients have some type of cognitive impairment such as dementia or Alzheimer’s disease. If a facility does not secure itself well, patients may wander outside and be unable to find their way back, which can lead to death or accidental injuries.

Nursing homes must take steps to keep patients from wandering. Patients must be identified as being at risk for wandering. The facilities should be properly staffed, so that there are enough people to keep an eye on patients and recognize when one is missing. Technology should be implemented that will alert staff members if a patient leaves their designated area. Also, if a patient does leave, family members should be informed immediately and the authorities notified.

If your loved one wandered away from a nursing home and was harmed as a result, you should speak with an attorney. Nursing homes are responsible for taking precautions to prevent patients from wandering. Call me, Conal Doyle, Los Angeles nursing home negligence attorney at 610-651-8272. My team can help.

I was diagnosed with spinal stenosis and my doctor recommended surgery with intraoperative monitoring. What is intraoperative monitoring and how does it work?

Posted on by

I’m sorry to hear about your spinal stenosis. Spinal stenosis involves a narrowing of the bone channel occupied by the spinal nerves or the spinal cord. Most people with spinal stenosis develop it as part of the aging process. Many do not feel it, but if allowed to progress long enough, most people will notice radiating pain, weakness, or numbness.

Spinal stenosis is typically diagnosed using an MRI or CT scan, or both. Although there are some treatments that do not involve an operation, many patients choose to have an operation to correct spinal stenosis. There are several types of surgeries, including a laminectomy, a facet replacement or total element replacement, and interspinous process devices.

During these delicate surgeries involving the spinal cord, many surgeons choose to have the surgery monitored. This type of monitoring is called intraoperative neurophysiological monitoring (IONM), and involved hooking up electrodes to the body that can record the nervous system and how it is reacting during surgery. This can help guide the surgeon to avoid mistakes during surgery. You should talk to your doctor more about IONM if you have questions or concerns.

If you have been seriously harmed during a surgery that involved IONM, you should speak with a medical malpractice attorney. An attorney can help you determine whether or not a medical professional committed malpractice. Call me, Conal Doyle, IONM malpractice attorney, at 310-385-0567. I can help. Call today to learn more or to schedule your free consultation.

My boss in Los Angeles is a nightmare to deal with. Do I have any legal rights under employment law to correct his/her behavior?

Posted on by

Cruel or difficult bosses can make an employee’s life miserable. Bad bosses may yell, threaten, or scare employees instead of taking positive actions that keep them motivated. Other bosses may not be so overt in their actions. They may act in a less-obvious way, but can be just as terrible to work with.

Bad bosses can take a toll on both the mental and physical health of their employees. Employees can dread going into work. Time off work may be spent thinking about work. Bad bosses can cause ulcers, heart problems, headaches, other stress-related symptoms, and more. Employees may feel trapped – they may worry if they leave, they will hurt their career and may be unable to pay their bills.

Legal help is available if you are the victim of a bullying boss in Los Angeles. No one has to tolerate abusive behavior in the workplace, even if it does come from a supervisor. There may be a number of potential claims that you may have, including intentional infliction of emotional distress, defamation, and possibly even discrimination or harassment claims, depending on the type of abuse involved.

If you have a boss who is an abusive bully, you need to take detailed notes on what occurs. Document what the boss says and does and whom is around when it happens. You should document your discussions with co-workers or others about the treatment. It’s also important to determine why the harassment is occurring. If it happens because of your sex, race, religion, disability, age, sexual orientation, religion, or a similar reason, you may have a case for harassment or discrimination.

Unfortunately, it is often difficult to bring a legal case against a boss simply for being a jerk. However, if the conduct is extreme, the actions are taken intentionally, and the conduct caused severe emotional distress, you may have a good cause of action against the company. If the bullying occurred because of race, religion, sexual orientation, sex, age, etc., you may have a good case for discrimination under both federal and state law.

Call me, Conal Doyle, Los Angeles employment attorney, if you believe that your boss’s conduct is extreme and rises to the level of abuse. I can be reached at 310-385-0567. Call today to learn more or to schedule your free consultation.

I was hit by a driver head-on in Los Angeles. Should I handle my own case?

Posted on by

Head-on collisions are one of the most deadly types of automobile accidents. They can be so dangerous because of the force that is produced when two vehicles that are travelling in opposite directions collide. Thousands of drivers and passengers are either killed or seriously injured every year in head-on collisions.

The driver who leaves his or her lane and comes into another lane to hit another vehicle is virtually always liable for the accident. Drivers should never change lanes without making sure that the lane is clear and it is safe. Head-on collisions are often caused by fatigued drivers, drug or alcohol use, driving recklessly, or driving while distracted.

Any injured accident victim has the right to represent himself or herself in court. However, just because you can do something does not mean you should. If you had no injuries in the accident and there was minor damage to your vehicle, you may be fine just negotiating directly with the insurance company about compensation for your damages. However, normally in most head-on collisions, there are large damages, both to the vehicle and to the occupants of the vehicle. In that situation, you may wish to let an attorney handle the case. Insurance adjusters may pressure you to settle the case without fair compensation. It can be very tempting to do so in order to receive some money, as well as to avoid attorney’s fees.

While that is understandable, studies have shown that cases which have personal injury attorneys involved settle for more than cases without attorneys, even after the fees are deducted. If you have been injured in a head-on collision in Los Angeles, call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. I can help. Call today to schedule a free consultation on your case.