California is known for its employee-friendly laws. The employment laws of the state ensure a fair hourly pay rate and discourage discrimination. If your rights as an employee are violated by your employer, you can seek damages with the help of an Orange County employment lawyer.

Employers are legally required to meet wage and hour requirements, overpay laws, and more. If an employer violates any of these and causes you financial or other losses, you have a right to legal remedy. Reach out to the team at Kohan & Bablove LLP if you have questions about employment law and your case.

Wage and Hour Laws

Wage and hour laws apply to the work hours and wages of the employees across the state of California. According to the California Department of Industrial Relations, employers with twenty-five or fewer employees must pay a minimum wage of $14 per hour. A wage of $15 per hour must be paid if a business has twenty-six or more employees.

If you work more than eight hours per day or above forty hours per week, this is legally considered overtime. The employer must pay you at 1.5 times the regular hourly rate for overtime. A doubled hourly rate will apply for any work beyond twelve hours per day.

At the same time, a ten-minute rest is mandatory every four hours. This is a paid respite. Another thirty-minute break is mandatory for meals if you work for more than five consecutive hours. This is an unpaid break.

If an employer wrongfully withholds your overtime pay, you can pursue legal action under California law. If your claim is genuine, you are entitled to backpay, attorney’s fees, and other damages. The employer, if found guilty, may also be required to pay penalties over $1,000.

Racial and Gender Discrimination Laws

The California Fair Employment and Title VII of the Civil Rights Act of 1964 apply to racial and gender discrimination in California. Both prohibit discrimination on the basis of race, gender, or other factors.

If you face racial or gender discrimination in regard to your wage rate, privileges, or other terms and conditions of employment, you can file for damages. Your lawyer can help you prepare your claim against the at-fault parties.

Sexual Harassment at Work

Sexual harassment at work can take different forms. You may face direct or indirect sexual harassment at work from your superiors, fellow employees, or an outsider.

It is the responsibility of the employer to prevent such incidents or environments at work. Sexual harassment claims in the workplace can also be cause to recover damages. Talk to your lawyer if your work conditions have been impacted by sexual harassment.

Whistleblower and Employer Retaliation Laws

California laws allow employees to report any legal violations of their respective employers. The California Whistleblower Protection Act mandates that any reporting employees must be safe from the retaliation of their employer.

The employer may still illegally retaliate by firing, transferring, intimidating, or threatening the whistleblower. It may also be in the form of disciplinary action or denial of promotion.

When an employer retaliates, the employee has the right to seek damages. These include damages for lost wages, as well as potential damage to the whistleblower’s reputation.

Contact an Orange County Employment Lawyer

If you have faced retaliation, discrimination, or any unfair treatment at the hands of your employer, we can help. At Kohan & Bablove LLP, our Orange County employment lawyers work with you to protect your rights as an employee.

We can also help you recover fair compensation for any losses you may have suffered due to the employer’s conduct. It all starts with a free consultation with our lawyers. Call us today at 1-844-404-2400 or complete the online contact form below.

Most medications come with side effects. When these side effects are communicated and known, you can make an informed decision about using the medication. But if you use a drug and suffer an adverse reaction that was not properly communicated, you may be in critical need of care. 

Adverse drug reactions (ADRs) occur often, and they can be prevented if your doctor or pharmacist isn’t careless. If you’ve been hurt by an adverse drug reaction, you may need a personal injury lawyer to help you with the claim. Here is a look at some of the most common types of ADRs and what you can do about your claim. 

Common Adverse Reactions

First, what is an ADR? These reactions are caused by your body reacting negatively to a medication. You may be allergic, for example, or you may have a prescription that conflict with the new medication. Some of the most common ADRs include:

  • Liver Damage – Some medications can result in liver damage ranging from mild to severe. Such damage can also lead to other long-term health complications. If you weren’t informed of the risks, you may have a cause for a lawsuit.
  • Physical Debilitation – Some ADRs may include physical debilitation in the form of arthritis, abdominal pain, birth defects, stunted growth, and liver issues. These issues may cause lifelong issues for your wellbeing. 
  • Heart Problems – These reactions include an increased chance of a heart stroke, heart attack, or a range of other cardiovascular complications. Many drugs carry these risks, but manufacturers may fail to articulate them clearly.
  • Suicidal Thoughts – A common side-effect of anti-depressants is that you may experience negative and suicidal thoughts. Painkillers can also cause this type of ADR.
  • Death – In the case of more extreme side effects, an ADR may cause death.

If you’ve suffered any of these reactions, or if you’ve lost a family member to an ADR, you may have grounds for a lawsuit. 

Who Is the Liable Party?

When you’re hurt by an adverse reaction to medication, someone involved in the process may have been careless. Your lawyer can help you determine whether your injuries were caused by the manufacturer, sales or marketing company, prescribing physician or healthcare facility, or prescribing pharmacist or laboratory.

Lawsuits related to ADRs are broadly categorized into three types:

  • Defective Manufacturing – You can file this type of lawsuit for ADRs caused by a defect in the manufacturing of the drug. The manufacturer is held liable in this type of lawsuit.
  • Defective Design – This type of lawsuit is filed when the formula of a drug is defective. You may be able to sue a research company, group, or manufacturer for this type of defect.
  • Insufficient Warning – When you were not adequately informed about the side effects, you can base your lawsuit on this. It is possible to hold a physician, healthcare company, manufacturer, or marketer liable for insufficient warning about ADRs.

Speak with a Personal Injury Lawyer

If you have suffered injuries or health complications due to an adverse drug reaction, it is important to consult a lawyer as soon as possible. The lawyers at Kohan & Bablove LLP handle defective drug claims and help victims sue for maximum compensatory damages.

If you’re ready to speak with a lawyer, call us today at 1-844-404-2400 to discuss your claim during a no-obligations discussion with our lawyers. You can also submit our contact form to schedule a free consultation.

Most medications come with side effects. When these side effects are communicated and known, you can make an informed decision about using the medication. But if you use a drug and suffer an adverse reaction that was not properly communicated, you may be able to sue for damages. A Riverside County personal injury lawyer can help you with the claim.

Adverse drug reactions (ADRs) occur often. Around 7% of all hospitalizations across the U.S. each year are due to ADRs. They are a preventable type of health hazard, and it is possible to identify a party that is liable for them.

Here is a look at some of the most common types of ADRs. Also noted are the entities that are often responsible for them.

Common Adverse Reactions

Some of the most common ADRs include:

  • Liver Damage – Some medications can result in liver damage ranging from mild to severe. Such damage can also lead to other health complications. When you suffer such side effects without being sufficiently informed about it, you have a cause for a lawsuit.
  • Physical Debilitation – A common ADR is physical debilitation in the form of arthritis, abdominal pain, birth defects, stunted growth, and liver issues.
  • Heart Problems – These include an increased chance of a heart stroke, heart attack, or a range of other cardiovascular complications. Many drugs carry these risks but the manufacturers fail to articulate them clearly.
  • Suicidal Thoughts – A common side-effect of anti-depressants is that you may experience negative and suicidal thoughts. Painkillers can also cause this type of ADR.
  • Death – In the case of more extreme side-effects, an ADR may cause death.

Who Is the Liable Party?

You can typically sue one of the following parties for an adverse reaction to medication:

  • Manufacturer
  • Sales or marketing company
  • Prescribing physician or healthcare facility
  • Prescribing pharmacist or laboratory

Lawsuits related to ADRs are broadly categorized into three types:

  • Defective Manufacturing – You can file this type of lawsuit for ADRs caused by a defect in the manufacturing of the drug. The manufacturer is held liable in this type of lawsuit.
  • Defective Design – This type of lawsuit is filed when the formula of a drug is defective. You may be able to sue a research company, group, or manufacturer for this type of defect.
  • Insufficient Warning – When you were not adequately informed about the side effects, you can base your lawsuit on this. It is possible to hold a physician, healthcare company, manufacturer, or marketer liable for insufficient warning about ADRs.

Speak with a Personal Injury Lawyer

If you have suffered injuries or health complications due to ADRs, it is important to consult a lawyer as soon as possible. Here at Kohan & Bablove LLP, we handle defective drug claims and help victims sue for maximum compensatory damages.

Call us today at 1-844-404-2400 to discuss your claim with our lawyers. You can also submit our contact form to schedule a free consultation.

Car accident claims help you recover medical costs, lost wages, property damage, and other forms of losses. California is an at-fault state, so you can recover damages if the other driver caused the crash. A car accident lawyer can help you file a claim demanding full compensation.

However, you must prove the other driver’s negligence before you can get any money. The insurance company is more likely to settle your claim if you provide the relevant supporting evidence. Here’s a sample of the types of evidence your may need for a car crash claim, and how you can gather this evidence after your accident.

Photos and Videos

You should take plenty of photos and videos at the crash scene if you’re able. These photos and videos should capture any damage to the vehicles involved, skid marks on the road, and damage to surrounding property like a damaged pole or wall.

The photographic evidence should also capture the injuries you suffered. Make sure you capture close-up photos of the injuries so that you can later substantiate your claim for damages.

You should also snap photos of the surrounding landscape to create a clearer picture of the accident. Your photos should include any traffic control devices located near the scene.

Police Reports

California law requires you to report an accident involving injury, death, or property damage exceeding $1,000. Once you report the crash, law enforcement officers arrive on the scene. These officers file a report covering the basics of the crash. This report is an invaluable piece of evidence.

You can obtain a copy of this report from the relevant department. This report is a key piece of evidence in establishing negligence in an accident.

Witness Details and Statements

Finally, the contact details of all the parties involved and present at the crash scene are useful pieces of evidence. You need the details of the other drivers to file your insurance claim.

Contact details of the witnesses are useful as you may later need to contact them and get their statements. Witness statements can be a powerful form of evidence in car crash claims.

Get Help from a Southern California Car Accident Lawyer

Car accident claims can take a long time to settle. In general, the more evidence you have to back your claim, the sooner your claim is likely to settle. It can be daunting to gather this evidence on your own. This is where a Southern California car accident lawyer can help you.

At Kohan & Bablove LLP, we help Riverside County crash victims recover full compensation for their losses. Our lawyers can help you fulfill legal requirements, gather evidence, file the claim, and negotiate effectively with insurers, starting with a free consultation.
To discuss your case with our lawyers, call us today at 1-844-404-2400. You can also fill out our online contact form below to get in touch with us.

Firing, replacing, or switching attorneys in a case is never fun, but it happens all the time. In reality, California’s change of counsel law allows a client to switch attorneys at any time during the representation. Whether it’s a matter of legal ability or communication, choosing the right accident lawyer can be critical to the success of your case.

Reasons to Change Your Accident Lawyer

You might need the services of a new accident attorney for a variety of reasons. While you want to form an immediate bond with your lawyer, a belligerent, loud, or aggressive accident lawyer may not always be representing your best interests. Here are some of the most common indicators that you should look for a new attorney to handle your accident case:

  • Lack of interest in your case
  • Lack of confidence in your attorney
  • Lack of communication with your attorney
  • Disagreement about issues in your case
  • Not taking your accident injuries or damages seriously

Process for Changing Your Accident Lawyer

So you’re probably wondering how to fire your accident lawyer. Changing accident attorneys is a simple process. Simply meet with your new lawyer, sign a power of attorney, and inform your previous lawyer that he or she will no longer be handling your case.

However, changing your accident attorney can become more difficult if your case goes to court. This is because a formal motion for change of attorney must be submitted to the court and approved by the judge. Before filing a motion, you must find a new attorney to avoid delays and give your motion the best chance of being granted.

What to Look for in A New Accident Lawyer

You wouldn’t quit your job without first looking for a new one, would you? Alternatively, you should not fire your accident lawyer until you have found a suitable replacement. When looking for a new lawyer, you’ll want to be able to discuss your situation with them so you can see how they’ll approach your case.

Your new attorney must inspire confidence and trust in you. Competence, dependability, and openness are qualities you’ll seek in a candidate. During the consultation, ask questions such as, “How important is my case to you?” and “Will going to court help me get the most out of my claim?” This will help you avoid hiring a lawyer who is unsuitable for your case.

Contact an Accident Lawyer Today

If you’ve been injured in an accident, Kohan & Bablove LLP can help you recover financial compensation for your losses. This includes medical bills, property damage, and lost wages. We will also offer solid advice on common court practices.

Get counsel on why you should change your accident lawyer and how to do so. This can be accomplished by filing a motion in court and working with our team to find a new one. Call 1-844-404-2400 to schedule a free consultation with our knowledgeable, caring, and compassionate legal team.

Car accidents are traumatic and have potentially life-changing consequences, depending on their severity. In the event of a car accident, the first thing you should always do is check on the safety of yourself and any passengers you have. Afterward, you should check on the other party.

Once the immediate concerns have been attended to, and the dust has settled a bit, it’s time to make a more serious look into other pressing matters. In addition to the hospitalization and medical expenses, your vehicle should also be examined to see how much damage has been done.

If you’ve been involved in a car accident, you may be wondering if and when you will need a lawyer. This article will answer your car accident questions so you know what to do.

What Should You Do Right After a Car Accident?

After the car accident, and after ensuring that everybody involved is safe and not in a critical condition, take extensive photos of the scene.

Wide-angle shots and zoomed shots of the impact areas may be necessary to prove your claims before the insurance company. If you can take videos of the scene that can show it from multiple angles, that can also help establish your claim.

If someone is injured, make sure to remain at the scene of the crime. California laws require parties to a car accident to remain until the police come unless urgent medical assistance is required.

After ensuring that the area is safe, make sure to move the cars to a safer place to prevent impeding the flow of traffic.

Make sure to exchange contact information with the other driver. This includes license, insurance, and registration information. These will be critical to filing your claim before the insurance company.

How Can You Claim Compensation for Damages?

California is a fault state, so compensation claims should be filed with the insurance company of the party at fault.

Since California requires all drivers to carry bodily injury coverage and property damage liability, you might think that recovering from the insurance company is easy.

Unfortunately, it’s not always that way. Insurance companies usually try to disclaim any liability by claiming that you were negligent or that you contributed to the accident. Under California’s laws on comparative fault, this can result in either reducing the amount you can claim or not making you eligible to claim compensation at all.

Find Out if You Need a Lawyer for a Car Accident

We understand just how frustrating it can be to have your claims rejected even after you’ve suffered from a car accident. In these cases, it could be in your best interests to have the assistance of an experienced car accident lawyer.

At Kohan & Bablove LLP, our lawyers can help you fight for your right to claim just compensation after a car accident. We only give the best representation possible to ensure that you can recover all that you’re entitled to under the law.

Call us now at 1-844-404-2400 or fill out the form below for a free consultation on your case!

Every year, thousands of accidents occur on American highways. Car accidents in California can be caused by a variety of factors, including various forms of driver irresponsibility.

If you were injured in a car accident, you will need to determine what caused your collision in order to prove your auto accident lawsuit against the negligent. An auto accident attorney can be the most dependable source for proving your claim and obtaining the damages that you deserve. The following are some of the most common causes of fatal car accidents in California.

Speeding

According to the Berkeley Center for Safe Transportation Research and Education, speeding is a common cause of serious traffic accidents. Speeding reduces a driver’s reaction time and ability to manage the vehicle, increasing the likelihood of an accident. Drivers who speed may also be more likely to drink and drive or not wear their seat belts. 

Speed-related crashes are more likely to be fatal due to the amount of energy that must be released in an accident. Speed-related crashes accounted for slightly more than 29 percent of all fatal crashes in California in 2016. If you are involved in a car accident caused by someone driving too fast for the weather or road conditions, that driver may be held responsible for your losses.

Impaired Driving

Every year, thousands of drivers in California are involved in accidents while under the influence of drugs or alcohol. According to the National Highway Traffic Safety Administration, alcohol was involved in more than a quarter of all fatal crashes in California in 2019.

In 2018, California had the highest number of fatalities in these collisions, with over 1,120 people killed. Drug use may also play a role in fatal car accidents. According to the California Office of Traffic Safety, 42 percent of drivers tested after a collision in 2018 had legal or illegal drugs in their system.

Distracted Driving

Smartphones enable us to communicate with friends, family, and coworkers, but they can also cause injury and death in car accidents. In California, using a cell phone while driving is not only dangerous but also illegal. Talking on the phone while driving is still a distraction, even with hands-free device holders.

According to the California Highway Traffic Safety Administration, dialing, talking, and texting are so dangerous that they triple the likelihood of an accident. Distractions such as changing clothes, looking at a map, eating, reading, conversing, or changing the radio station all increase the likelihood of an accident. When drivers take their eyes and minds off the road, everyone’s safety is jeopardized.

Call Us if You Are Injured in a Car Accident

It is critical to understand the most common causes of car accidents so that you can take preventative measures. According to the most recent Insurance Institute for Highway Safety (IIHS) statistics, there were over 3,316 fatalities in California alone in 2019. It’s crucial to remember that traffic and driving laws are in place to keep everyone on the road safe. Following the speed limit, keeping a safe distance from other vehicles, driving a safe vehicle, and obeying the law are all great ways to help ensure a safe journey. 

If you or a loved one was injured in a car accident caused by someone else’s negligence, we can fight for the compensation you deserve. Kohan & Bablove LLP can be reached at 1-844-404-2400. We provide free consultations and work on a contingency basis.

 

If you have a loved one or a relative in a nursing home, you’ve probably heard tragic stories of neglect and abuse. Many of the times, the abuse comes from the nursing home caregivers and employees. Staying informed can help you notice the signs if ever your loved ones are being abused.

If you have noticed your loved one has been abused, you are probably wondering if you can sue the nursing home for hiring an employee that hurt your relative. The answer is yes, you can sue the nursing home. Read more about the process, what next steps to take and how an Orange County personal injury lawyer can help.

What Is Nursing Home Neglect?

First, you might be wondering about the signs of abuse from employees or how to determine if an employee might be abusing a resident in a nursing home. Abuse is different from neglect. Abuse is when an employee takes a certain action towards your loved one that results in their harm. Neglect is more about what the nursing home does not do that might affect your loved one. 

Abuse can be:

  • Physical. Meaning your loved one has bruises, marks, broken bones, or other injuries that didn’t result from natural causes. 
  • Emotional. The nursing home employees say things to your loved one that cause them to suffer emotionally or feel bad about themselves. 
  • Verbal. The employee at the nursing home may scold the resident or say hurtful things to them that make them feel helpless or less confident. 

Emotional and verbal abuse are harder to spot the signs of because the signs are less visible. Always check on your loved one and ask how the people in the home treat them and if they feel comfortable with the people taking care of them. 

Steps for Suing the Nursing Home 

If you know your loved one has been abused, don’t keep quiet. You can remove them from the home and then start the process of filing a lawsuit. This usually means you will need to contact a lawyer, as lawsuits can be extremely complicated. 

You will also need to gather evidence and documentation. Any kind of documentation from the nursing home that shows your loved one is not receiving the care they deserve or has suffered abuse by the staff. 

Consult your lawyer to discuss eligibility for both economic damages and non-economic damages to compensate your loved one for the harm they experienced. They will be able to guide you through the process and tell you the best steps to take. 

Get Ahold of a Lawyer Today 

Nursing home abuse is serious and should not be ignored. Remove your loved one from the facility right away and consider filing a lawsuit to get their life back on track. 

Contact the top-rated legal professionals at Kohan & Bablove LLP today by calling 844-404-2400 or fill out the form on our website to pursue justice for your family. 

We use different types of products daily. Whether you’re at home, working, at school, at the gym, store, or just taking a drive, there’s bound to be a product you’re relying on to make your life easier.

Unfortunately, there are a significant number of products that come with defects and are likely to malfunction whether they’re used the right way or not. Defective products can cause illnesses, poisoning, explosions, burns, broken bones, and even death. 

If you’ve suffered any type of loss from using a defective product, you can hold a manufacturer or the individual who sold you the item responsible. But how do you prove a product liability claim to collect your compensation? Here’s how you can do it with the help of a lawyer near you

Types of Product Defects You Can Sue For

When filing a product liability claim, it’s important to understand the type of defect that the injury-causing product had. There are three types of product defects:

  • Manufacturing Defects – This occurs when there’s an error during the production process. Often, manufacturing defects affect a particular batch of products only or goods from a certain assembly line. For example, metallic elements from a machine can contaminate food products and cause an illness when consumed.  
  • Design Defects – These defects are caused by an improper design of a product. This means that the product was not sufficiently tested and normally, the designer can be held liable if this causes injuries to a consumer. Product manufacturers and designers are also expected to conduct a recall whenever they determine a defect after distribution.
  • Warning Defects – Some products are safe to use but can have particular side effects. If these likely effects are known, the manufacturer should provide a label with all this information so that the consumer is aware of the risks. Failure to do so, the producer, designer, distributor, or retailer can be held liable for lack of warning defects. 

What You Need to Prove a Product Liability Claim

California’s product liability laws have made it easy for victims of defective products to seek and receive compensation. The strict liability rule in product liability claims state that the plaintiff does not have to prove a manufacturer’s negligence as long as they can show the following:

  • The defendant manufactured, designed, or distributed the defective product in question.
  • The product was defective in one way or another.
  • The plaintiff was using the product in its intended manner.
  • The particular defect caused injuries or other harm to the plaintiff. 

Get More Help from a Product Liability Lawyer

Filing a product liability claim and proving fault means going against large corporations that are not likely to go down easy. They’re also likely to have fierce legal representation, as well as an insurer who’s bent on awarding you the least amount of compensation possible. 

To match up with this, ensure that you have professional legal representation as well. At Kohan & Bablove LLP, we have helped numerous consumers get their deserved settlement by holding manufacturers and retailers accountable.

Speak with a product liability attorney in a free consultation by calling 1-844-404-2400 or filling out the contact form on this page. 

When you take medication, you expect it to make you feel better, or to maintain your health over time. What you don’t expect is for your medication to make your health worse.

Unfortunately, that’s a reality for many people in America. They may have received defective drugs that led to dangerous symptoms. That can mean permanent health impacts and even death in some cases. That’s why it’s important to know now how these defective drugs get to the hands of the consumers. That can help you understand your next steps in getting compensated for your suffering.

How Unsafe Drugs Pass the FDA Approval Process

When you’re given medication, it typically comes with Food and Drug Administration (FDA) approval. Products that aren’t approved may not be guaranteed to be safe. But if the FDA approved a drug, how could it still be unsafe?

Unfortunately, careless and even negligent mistakes can still happen, and those mistakes can in turn lead to defective drugs being greenlighted, manufactured, and sold. Some critics even argue that some testing is funded by large pharmaceutical companies. These companies are focused on making a profit, not on improving your health.

Unfortunately, that means you may have been seriously injured by a defective drug before it was recalled. These approval processes may have prioritized business profits over your health and safety, putting you in harm’s way. When that happens, you may need to speak with your lawyer about your grounds for a lawsuit.

Mistakes in Manufacturing

Even approved drugs that are safe in theory can be dangerous in practice. Let’s say a drug is supposed to be safe, but the manufacturer cuts corners. They take shortcuts to save time and money. They may produce more medication faster, but the drug may have been tainted in the process.

In these cases, fault may lie on the manufacturer of the drug. They may have known they were creating a defective drug, but they failed to warn you. If they’re not focused on creating a safe product, you may be the one who suffers for their actions.

Find Out How Your Defective Drug Lawyer Can Help

A defective drug can impact your life, causing health problems, medical anxiety, and other costs that may haunt you for some time. You may have even lost a loved one to one of these defective drugs. But you don’t have to suffer alone.

The lawyers at Kohan & Bablove LLP are here to help you determine what caused your devastating illness, what compensation you’re due for the defective drugs you were exposed to, and who’s responsible for your defective drug injuries. We’ll start with a free consultation so you know what to expect and how we can help before you agree to anything. Call us at 1-844-404-2400, or complete the following online contact form.