Scolinos, Sheldon & Nevell LLP Scolinos, Sheldon & Nevell LLP 2026-05-18T07:28:23Z https://www.ssnlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103939/2020/05/cropped-ID-32x32.jpg On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[Who can file a wrongful death lawsuit in California?]]> https://www.ssnlaw.com/?p=49922 2024-08-18T16:55:07Z 2024-08-18T16:55:07Z Family members can initiate a lawsuit California state statutes specifically empower the family members of the deceased party to take action after their passing. In many cases, the surviving spouse of the deceased individual has the strongest right to file a lawsuit. The surviving children of the deceased can also initiate legal action in scenarios where the person who died does not have a surviving spouse. Other family members may also have the authority to initiate a wrongful death lawsuit. Parents can pursue compensation after the death of a child who has not yet married or had children of their own. Other, more distant surviving family members can also take legal action if there are no living parents to initiate a wrongful death lawsuit. Typically, only one lawsuit is possible, and the courts give priority consideration to those with the closest relationship to the decedent. Those who want to pursue economic justice may need to discuss the matter with each other and an attorney promptly. They generally only have two years from the date of their family member's death to take action. Learning more about California's rules for wrongful death lawsuits can be beneficial for those who need justice after a family tragedy. Wrongful death lawsuits can provide both financial compensation and a sense of vindication for those who have lost a loved one to a preventable tragedy.]]> On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[3 times workers may be at risk of employer retaliation]]> https://www.ssnlaw.com/?p=48551 2024-05-27T11:08:40Z 2024-05-27T11:08:40Z Employer retaliation could involve terminating someone's job or demoting them. Federal law very clearly prohibits retaliatory action on the part of businesses toward workers. However, the following are some of the scenarios in which an employee might face retaliation because an employer is either uninformed or is simply rolling the dice.

When acting as a whistleblower

A company that engages in illegal conduct typically does not like to have employees draw attention to that fact. If a worker informs someone within the hierarchy of command at the company about illegal behavior, that could lead to retaliatory actions by the business. Similarly, organizations might retaliate against those who notify regulatory officials of problematic practices within the company. Whistleblowers should have protection from retaliation.

When engaging and protected activities

Federal law has established numerous types of worker conduct as protected activities. Workers have the right to discuss their pay with each other and to organize by starting a union. They also have a right to make use of certain laws, like the Family and Medical Leave Act (FMLA), when their circumstances warrant doing so. Companies should not punish workers for requiring workers' compensation benefits or taking unpaid leave. Anyone who recognizes they need to engage in protected activities could potentially be at risk of retaliation.

When they address harassment or discrimination

Claims of retaliation are among the most common reasons for workplace discrimination lawsuits. Businesses should investigate appropriately and work with employees who have experienced harassment and discrimination on the job. Instead, many companies punish those who speak up for themselves. It is possible to hold companies accountable for retaliation provided that a worker has proof of the rights they were exercising and has endured negative treatment from their employer ranging from demotions and termination to a transfer to a less favorable shift as a result of that exercise. Filing a retaliation-based employment lawsuit could help a worker overcome the hardship generated by a company's misconduct. Employees generally need to know their rights if they hope to stand up for themselves against businesses successfully.]]> On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[4 dangerous driving scenarios]]> https://www.ssnlaw.com/?p=48545 2025-03-07T16:28:23Z 2024-02-29T15:48:34Z Wrong-way driving Wrong-way driving occurs when a vehicle travels against the direction of traffic, often on highways or divided roads. This can lead to head-on collisions, which are often fatal crashes due to the high-speed impact. Causes typically include driver confusion, intoxication and poor road signage.

Speeding

Speeding is a leading cause of traffic accidents. This makes it much more difficult for a driver to react to any hazards on the road. Navigating around curves and stopping when necessary is much harder if the driver is going faster than the posted speed limit. High-speed collisions result in more severe injuries and damage.

Weaving in traffic jams

Weaving in traffic jams involves changing lanes frequently and abruptly without proper signaling to move through slow-moving or stopped traffic faster. This behavior increases the risk of side-swipe accidents and rear-end collisions because other drivers have less time to react to the unpredictable movements. It also contributes to traffic congestion and can provoke road rage incidents.

Inattentive driver

Inattentiveness while driving, including distractions such as using a phone, looking at a billboard or reaching for something in the vehicle, significantly increases the risk of accidents. Inattentive drivers are less likely to notice and react to hazards in time to prevent a collision. The rise of smartphones has exacerbated this problem, but many other things can distract drivers. The tie that binds all of these issues is that a driver can prevent these from occurring, which could stop the chance of a motor vehicle crash occurring. Victims of wrecks due to these factors may need immediate care, which can be costly. Having legal assistance to prepare and file a case may be beneficial, especially because California law sets strict time limits for filing.]]> On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[3 important details to establish quickly after a California crash]]> https://www.ssnlaw.com/?p=48543 2023-11-30T07:53:02Z 2023-11-30T07:53:02Z Who was at fault One of the most important factors for any injury situation is fault. The party who caused the crash through negligence or illegal behavior in traffic is likely liable for the losses caused during the collision. They will typically provide insurance coverage for anyone affected by the collision. They could also potentially be subject to a personal injury lawsuit brought by the other people involved in the wreck.

What insurance is available

Every driver in California should carry insurance, but basic coverage only applies when someone is at fault for a wreck. The other driver involved in the collision might have as little as $5,000 of property damage coverage and $15,000 worth of bodily injury coverage. Knowing what a policy will cover can help someone determine if they need to take the matter to court or not.

What injuries people have incurred

Some injuries are very obvious right at the scene of a crash. Someone with a broken leg, for example, probably can't walk away from the collision. Not every injury is easy to self-diagnose. Typically, those involved in wrecks will need to undergo a professional medical evaluation to authoritatively establish whether or not they have significant injuries. A proper diagnosis will be crucial to getting compensation and treatment. The sooner someone sees a medical professional, the easier it will be to prove that their condition came from the crash and not from another situation. When someone recognizes that they have significant injuries and that the party at fault for the crash has limited insurance coverage, it may be time for them to review their other options for compensation. Having the right information is crucial to obtaining the best outcome after a major wreck in California.]]> On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[Can California employees fight a seemingly wrongful termination?]]> https://www.ssnlaw.com/?p=48376 2023-08-24T23:42:38Z 2023-08-24T23:42:38Z What makes a termination wrongful? Both losing a job or being part of a layoff could potentially constitute wrongful termination. An individual's circumstances and their relationship with the employer will determine whether or not the company violated their rights by ending their employment. For example, it is lawful for a company experiencing a drop in profits to lay off a large number of workers to try to bring the company's finances out of the red. When choosing who to retain and who to terminate, the company should look at factors like job performance or seniority, not at protected activity and characteristics. Sometimes, a termination is wrongful because it amounts to discrimination. The company lets a worker go because of a protected characteristic like race, age or sex. Other times, a termination is wrongful because it is an act of retaliation. Retaliatory firings might happen after someone asks for accommodations because of an injury, after they report misconduct within the company or after they attempt to unionize with their coworkers. Oftentimes, it will either be a pattern in the company's termination decisions or the timing of someone's firing that will differentiate a legal layoff or termination from a wrongful one.

How can workers fight back?

Those who believe that their termination was wrongful may potentially have grounds to file a lawsuit. In some cases, the civil courts may order a company to reinstate an employee fired as an act of retaliation. Other times, the courts might order compensation for the affected individual because of their lost wages and the impact the termination may have on their future career prospects. Understanding what may constitute wrongful termination could help people fight back when an employer engages in unlawful conduct related to a firing or lay-off scenario.]]> On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[When is a California business responsible for customer injuries?]]> https://www.ssnlaw.com/?p=48356 2023-05-30T13:24:24Z 2023-05-30T13:24:24Z When negligence is to blame There are scenarios in which someone could cause their own injury by wearing very unsafe footwear and then entering public spaces while severely inebriated. Sometimes, people do something that put them at elevated risk of falling. There are plenty of other scenarios in which a property owner or business created the circumstances that led to someone's injury. Perhaps the company has a practice of scheduling only one worker at a time, meaning that there is no one to tend to the facilities when there are customers. Perhaps the owner or manager of the business has repeatedly deferred maintenance and repairs. If the person who gets hurt could reasonably claim that the business was negligent, they may be in a position to pursue a premises liability claim. Negligence can involve failing to do something that would increase safety for others or doing something that would obviously diminish the safety of others. In a legal claim, the standard for negligence that the courts apply is typically whether or not a reasonable person would agree that the business's actions or omissions were negligent. There may be insurance coverage available that can reimburse someone for medical expenses, lost wages and property damage losses generated by a slip and fall or similar incident on private property. People who slip and fall in a business often benefit from reporting the incident to a manager and seeking medical evaluation for any serious injuries. Pursuing a premises liability claim can help someone recover losses they suffer because a business or property owner doesn't make safety a top priority.]]> On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[2 reasons California families file wrongful death lawsuits]]> https://www.ssnlaw.com/?p=48354 2023-02-28T09:08:56Z 2023-02-28T09:08:56Z They anticipate financial hardship Losing a loved one is emotionally devastating, and it will have numerous financial consequences for a family as well. There will be the immediate loss of income associated with someone's death to consider, as well as the cost of your medical care and funeral. California's wrongful death statute allows families to seek both direct economic losses and certain personal losses as well. A claim can cover funeral and medical expenses, as well as lost future wages and benefits. The surviving family members can also claim the loss of financial support they will experience and the loss of companionship that occurs after someone dies unexpectedly.

They want justice for their loss

Having the courts affirm that a loved one's death is the direct responsibility of a particular person or a business can give survivors a sense of closure. Especially when a prosecutor declined to bring charges due to inadequate evidence or complicated circumstances, a lawsuit in civil court may be the only formal path to justice available for a family. Although money could never replace what families have lost in a tragedy, it can at least diminish the lasting economic impact of someone's passing. Recognizing how a household may benefit from a wrongful death lawsuit could motivate someone to explore their legal rights after a loved one's death.]]> On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[3 ways the size of semitrucks contribute to major collisions]]> https://www.ssnlaw.com/?p=48353 2022-11-25T20:14:56Z 2022-11-25T20:14:56Z

  • They have large blind spots

    • The height and length of a commercial truck mean that there are large blind spots where the driver cannot see other vehicles. If you drive in the lanes directly to either side of the trailer or immediately behind the commercial truck, the driver will not be able to see you. They might then initiate a maneuver that causes a wreck because they are not aware of your presence.

    1. They make wide turns

    Especially when turning right on a one-lane road, a commercial truck can cause a lot of traffic issues. They often need to pull substantially out into the intersection and will still likely move into other ways of traffic when completing the turn. Vehicles that pull up too close to a commercial truck in an intersection could be at elevated risk of a crash when the vehicle goes to complete a turn.

    1. They take longer to stop

    When merging in front of a commercial truck, drivers always need to remain aware of how they take longer to come to a complete stop. Leaving significantly more space between the back of your vehicle in the front of a commercial truck is a smart move. Making sure you travel at the rate of speed or possibly faster than the truck can also help you reduce the chance of the commercial vehicle rear-ending you and causing a catastrophic collision. Recognizing and respecting the ways that the large size of a commercial vehicle limits its traffic maneuvers could help you avoid a dangerous crash with one of these massive vehicles.]]>         On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[3 kinds of employer behavior that constitute retaliation]]> https://www.ssnlaw.com/?p=48345 2022-08-25T19:52:07Z 2022-08-24T20:54:02Z Termination of the worker involved Companies technically have the right to fire anyone with very little explanation. However, they do not have the right to fire workers as a punishment for making use of their rights. If a company terminates a worker immediately after they report misconduct or ask for different job responsibilities during medical treatment, their termination may be a form of retaliation and therefore a wrongful termination.

    Transfers and demotions

    If you make a complaint about a supervisor who keeps touching you despite your complaints, it is that supervisor who should end up working in a different department or on another shift, not you. Unfortunately, there are plenty of businesses that want to protect their higher-paid or high-performing employees even when they are guilty of misconduct toward other workers. If the company seeks to move or demote you after you make a complaint or a request, that could be retaliation as well.

    Disciplinary action

    Your boss doesn't have to immediately fire you to do lasting damage to your professional goals because you spoke up and made use of your basic rights. They can write you up repeatedly or draft negative performance reviews implying that you are not a great employee. They might even give you poor references when new employers call to check on you. Such actions could limit your opportunities for better jobs and better pay. Recognizing when your employer has retaliated against you can help you document their misconduct and pursue justice for the impact of their actions.]]>         On Behalf of Scolinos, Sheldon & Nevell LLP <![CDATA[Your afternoon commute is more dangerous than the drive to work]]> https://www.ssnlaw.com/?p=48343 2022-06-01T18:44:43Z 2022-06-01T18:44:43Z Late afternoon and early evening are dangerous times When you look at the year as a whole, the time between 4 in the afternoon and 7 at night is when it is most dangerous to be on the road. During that time, both fatal and nonfatal crash rates increase. The specific time of day when fatal or non-fatal crashes does change from season to season, but the afternoon spike persists all year. Over the course of a full year, between 4 p.m. and 7 p.m. is overall the most dangerous time of day to be on the road. There are many factors contributing to the late afternoon spike in crash risk. Teenage drivers getting out of school is one issue. Exhausted workers dealing with a slump in energy are another. Those stopping off at happy hour after work also contribute to everyone's crash risk. There is also something to be said for the overall volume of traffic during those late afternoon and early evening hours.

    How can this information help you?

    Obviously, you can't avoid driving home from work or needing to drop your kids off for softball practice during what is statistically the most dangerous time to drive, but you can change your habits when you know your risk is higher than usual. Making a point of actively avoiding distraction and engaging in defensive driving tactics when risk is at its peak could help you effectively avoid a motor vehicle collision. Employing the best safety practices can reduce your risk of a crash and help you more easily prove that you are not to blame if you ever do experience a serious wreck.  ]]>