Blog: Uncategorized

Medical liens get paid out of a personal injury settlement or judgment. When accident victims are unable to pay for the costs of their care, some healthcare providers may choose to provide that care in exchange for a medical lien. They then recover the costs of that medical care from the defendant if the victim’s …

After a car accident, the victim is generally responsible for paying his or her medical bills. This is the case even if it is clear that the other driver was at fault for the crash. If the victim has health insurance or Med-pay, the insurance company may cover the costs as they accumulate. A verdict …

Future lost earnings, also called lost earning capacity, can be proven with evidence of past wages, as well as testimony from the plaintiff’s employer, doctor, and other expert witnesses. These sources of information can show what the victim could reasonably have expected to earn, were it not for the accident. They can compensate the victim …

Discrimination in the workplace can be proven with direct or circumstantial evidence. In class action lawsuits, it can also be proven with evidence that the discrimination is a common practice. Circumstantial evidence is the most common technique, though. Most states use a burden-shifting approach. The employer can rebut a prima facie case with a non-discriminatory …

Arizona law makes using or possessing drug paraphernalia with the intent to use it (ARS 13-3415) a class 6 felony charge, carrying up to two years in prison. Although defendants are typically granted probation instead of prison, having any drug-related felony conviction can cause future employers to pass them over for jobs. Therefore, anyone facing …

Wrongful termination lawsuits can take over a year to resolve. Every case is different, however. If the employer is eager to settle out of court, the case can end in a matter of weeks. If either side is intent on going to trial, a wrongful termination claim could linger on for several years. The type …

Loli is illegal under the federal PROTECT Act, so long as the anime is obscene and depicts an identifiable minor engaging in sexual conduct. It can violate child pornography laws in some states, as well. What is loli anime? Loli is Japanese manga or anime that is sexually explicit and involves cartoon characters that are …

No, an employer generally does not need to tell an employee why he or she was fired. There is no law that requires an explanation. However, if there is an employment contract, the contract may require one. Many employers choose to give an explanation to forestall a future wrongful termination claim or to protect the …

Workers who think they have been wrongfully terminated have to file their lawsuit before the statute of limitations expires. The applicable statute of limitations will depend on the state and the nature of the termination. Different labor laws use different time periods and procedures. In California, for example, wrongful termination claims under state law have …

Workers who have been wrongfully terminated often receive between $5,000 and $80,000 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 the worker’s salary. This drives many of the legal damages that the worker can recover …

To prove a case of wrongful termination, the fired worker generally has to show that the employer’s stated reason for the discharge was false, and that the termination was for an illegal reason. That illegal reason is generally unlawful retaliation, discrimination, a breach of contract, or a violation of public policy. What is wrongful termination? …

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police. The prosecutor may still be able to refile the case …

A plea bargain, or plea deal, is an agreement between the defendant and the prosecutor to resolve a criminal case. The defendant agrees to plead guilty rather than taking the case to trial. The prosecutor will often agree to reduce the charge or the penalties of the conviction. A plea deal can be struck at …

Failing to appear in court on a misdemeanor charge can lead to a bench warrant, bail problems, fines, and additional criminal charges. The severity of the offense tends to depend on the underlying criminal charge. The failure to appear has to be willful to be punishable, though. The court may excuse an absence if it …

To expunge a misdemeanor in California, the defendant has to (1) determine that he or she is eligible for expungement, (2) timely file the appropriate paperwork, and (3) attend the expungement hearing personally, or through a lawyer. Any error in the process can lead to a denial. A denial can keep the defendant from benefitting …

In California, the term police code 415 is used to refer to the crime of disturbing the peace. Disturbing the peace can be for either playing excessively loud music, fighting someone, or using offensive or threatening language. The number comes from the state’s Penal Code section for the offense. Disturbing the peace is a wobblette. …

Bail bonds work by allowing a defendant to post bail that he or she would not have otherwise been able to afford. The bail bondsman posts the full amount on the defendant’s behalf. The defendant pays the bail bondsman a percentage of the bail amount – usually 10 percent. This payment is nonrefundable. The bondsman …

The difference between petty theft and grand theft usually rests in the value of the property that was stolen. And stealing certain types of property can automatically constitute grand theft, regardless of the value. In California, the threshold amount is $950. Stealing more than that amount is grand theft, which is a felony. Other states …

Jail time is possible for drivers who hit a parked car and leave the scene. Many states make hit-and-run a misdemeanor if there was any property damage. Misdemeanors can carry up to a year in jail. In California, drivers who hit a parked car and flee the scene face up to 6 months in jail …

Some examples of misdemeanors include assault, shoplifting, and petty theft. These are all criminal offenses that are more severe than an infraction, but less severe than a felony. Misdemeanors carry up to 1 year in county jail and $1,000 in fines. In California, some offenses, called wobblers, can be prosecuted as a misdemeanor, or as …