Workers who prevail in a wrongful termination claim often get awarded between $5,000 and $100,000 in compensation. However, each case is different. There is no single “average” wrongful termination. Numerous factors can change how much a particular case is worth. Especially important is your salary prior to termination. This drives many of the legal damages that …
10 signs you may be in a hostile work environment are if you or others are being subjected to: verbal abuse such as extreme ridicule or sarcasm, derogatory language, bigoted language or slurs (particularly if you belong to a protected class) inappropriate humor displays of offensive objects or images physical attacks or threatening statements harassment …
There are five common situations when there is a tolling of the statute of limitations in a California personal injury case. These are when the plaintiff is: a minor, located out of the state, incapacitated, legally insane, or in prison. A “statute of limitations” is a legal term meaning the period of time a person …
You can expect restaurant injury settlements to compensate you for your legal damages. These are all of the losses that you have sustained from the incident. They can be calculated using a settlement formula. Generally, restaurant accidents rely on premises liability. A personal injury lawyer can help guide you through the settlement process, similar to …
A diminished value claim, if successful, allows you to get compensation for the difference in the value of your vehicle before versus after an auto accident. Five key things to know about diminished value claims in California are: what they recover, a car’s value can diminish in 3 different ways, who was at fault for the …
Electric scooters are motorized devices with two wheels, handlebars and a floorboard that you stand on to rise. You can operate an e-scooter with any class of driver’s license in California. You do not need to register the device with the DMV. Also, you can only ride the scooter up to 15 MPH and on …
Generally, there are no damage caps for personal injury cases in California. However, there is one important exception: As of January 1, 2025, non-economic damages are capped at $430,000 in non-fatal medical malpractice claims and $600,000 in fatal medical malpractice claims.1 Each new year, the cap in non-fatal cases will increase by $40,000 until it …
How Long Does a Felony Stay on Your Record in California? | Shouse California Law GroupWatch this video on YouTube In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. You can face …
What Does It Mean to Be an Accessory to Murder in California? | Shouse California Law GroupWatch this video on YouTube An accessory to murder is someone who helps or assists the actual perpetrator before or after the commission of the murder. Normally, the accessory is not present at the scene of the crime. In …
How many hours is "part-time"? Key information every part-time employee needs to knowWatch this video on YouTube There is no state employment law in California that defines part-time work as being less than a certain number of hours. Instead, it is generally up to the employer to define what “part-time” means. The Labor Market Information …
Unlike some other states, California does not have a “stop and identify” statute that makes it a crime to refuse to identify yourself. This means that you do not have to show police your identification unless you are being lawfully detained or arrested. That said, you do have to show police your driver’s license if asked …
In California, you have a legal obligation to mitigate your damages in a variety of legal claims. This means you have to take reasonable steps to reduce how much you lose after an accident or a breach of contract. Losses that you do not mitigate will not be compensated in a lawsuit. The duty to …
What is indeterminate sentencing? How it worksWatch this video on YouTube In California, an indeterminate sentence is a prison sentence with a minimum amount of time, but no fixed release date. An example is a sentence of “10 to 20 years in prison.” It is up to the parole board to determine the date of …
Negligent hiring is a lawsuit that victims can file against an employer for its employee’s misconduct. Seven common examples are: a transportation company hiring someone with a bad driving record, hiring a worker with a relevant criminal record, not firing a worker after similar misconduct, failing to supervise a worker, not conducting a background check, …
A Franks hearing is a legal proceeding in a criminal case where you try to traverse a search warrant. Traversing a warrant means that you challenge the truth of the information that is used to support it. A Franks motion is the legal document given to the judge that sets forth your request for a hearing …
What Does "Light Duty" Mean in a Workers’ Comp Case?Watch this video on YouTube In a workers’ compensation case, the term light duty refers to a modified job assignment that is less physically or mentally demanding than your normal duties. These jobs allow you to return to work without aggravating your injury. Depending on the state, …
If you get convicted of any felony offense, you will lose your gun rights in California. In fact, if you have a felony conviction on your criminal record, it is itself a felony offense to own, purchase, receive, or possess a firearm. Convictions carry up to three years in prison. However, there are several ways …
Direct and indirect evidence are both considered to be valid forms of proof in California civil and criminal proceedings. Direct evidence is evidence that directly proves a key fact at issue. An example is an eyewitness in a murder case who saw the actual killing with their own eyes. Indirect evidence (also called circumstantial evidence) …
LEGAL ANALYSIS — Is having sex in a car against the law?Watch this video on YouTube There is no criminal law that specifically states that it is per se illegal for people to have sex in a car. However, if two people are performing a sexual act or engaging in sexual conduct in a car …
In California, domestic violence is generally charged as a misdemeanor rather than a felony unless the incident caused an injury. California has no single domestic violence law. Instead, there are a handful of different laws. Two of the most common domestic violence crimes are: Domestic Battery, which is always a misdemeanor; and Corporal Injury on …
In California, pedestrians do not always have the right of way, though they generally do. In some cases, pedestrians can be partially or totally liable for a pedestrian accident. Pedestrians can sue for damages they sustain in an accident. However, their damages will be reduced by their degree of fault. In this article I delve …
In California law, homicide is the killing of another human being while murder is an unlawful homicide with malice aforethought. Therefore, homicide is an umbrella term that includes all situations where someone gets killed. Murder is a type of homicide. This chart summarizes the differences between murder and homicide: Murder Homicide It is the killing …
In California, hit-and-run can be a felony if you fled the scene of an accident that produced a serious, permanent injury or fatality. Felony convictions carry higher penalties. If the accident did not hurt anyone, then prosecutors can only charge it as a misdemeanor. If the injuries were not serious and permanent, prosecutors can file …
Once you turn yourself in for a bench warrant, you will go before a judge for a hearing which should result in the warrant being recalled and quashed. Your goal at the hearing is to show that your violation of the court’s order (leading to the bench warrant) was justifiable or excusable. Depending on the …
The difference between negligence and malpractice in California lies in whose conduct caused your injuries. Both are civil claims for compensation in personal injury lawsuits. Normal people have a duty to behave like a reasonable person. Failing to do so is negligence. When working, certain professionals, like lawyers and doctors, have a duty to behave …
