California has it all; sunny beaches, snowy mountains, beautiful weather, and incredible food, but layoffs are putting a damper on the golden state that is rubbing everyone the wrong way. The Bisnar and Chase California wrongful termination attorneys are reaching out to all those who feel that their employers did not operate within state laws when they were let go. Those who feel that they may have a claim against their employer can contact Bisnar and Chase for a free case evaluation by calling 1 (800) 259-6373.

Mass Layoff Statistics

Californians have been struggling for years to keep their jobs. Statistics related to mass layoffs are a constant reminder that although things have gotten better, many Americans still cannot count on their employers to provide a long-term work environment. The following are statistics gathered from the Bureau of Labor Statistics.

• Employers took 1,331 mass layoff actions in November involving 129,887 workers, seasonally adjusted, as measured by new filing for unemployment insurance benefits during the month.
• In November, the national unemployment rate was 8.6 percent, down from 9.0 percent the prior month and from 9.8 percent a year earlier.
• The manufacturing sector accounted for 25 percent of all mass layoff events and 30 percent of initial claims filed in November

If you feel you have been wrongfully terminated, you may have a claim for compensation and should speak with a California employment attorney.

California Employment Attorneys

Whether you were not paid fair wages for your services or were wrongfully terminated, speaking with a Bisnar and Chase California employment lawyer will give you free, helpful information to find out what your options are. Bisnar and Chase offers a free professional consultation and works on a contingency fee basis. This ensures that you will not have to pay them if your case is not won.

Call 1 (800) 259-6373 to get FREE LEGAL ADVICE

Wrongful Termination Attorneys in California Take Layoffs Seriously is a post from: Personal Injury Attorney News Portal

DePuy is an orthopedic manufacturing company which makes hip replacement products such as the DePuy ASR XL Acetubular System™ total hip replacement, and the ASR Hip Resurfacing System™, both of which have been used worldwide since 2003. However, without warning in August, 2010, DePuy, which is a division of Johnson & Johnson Company, recalled the products, stating that the company had discovered a high failure rate of both devices.

Apparently, people had begun to experience problems when using the DePuy hip replacement implants. These implants were created with a ball-and-socket configuration, and seemed at first to work well. However, doctors soon discovered a higher rate of loosening of the implant, which sometimes led to complications which were unanticipated when the device was designed. These complications included severe pain, dislocation of the hip socket, and dangerous levels of metals in the body as the hip replacement moved. Moving of the device could also cause damage to the hip itself and extend the patient’s recovery time considerably.

Doctors speculated that the cup of the ASR hip implant was too shallow, which in turn caused the implant to "slip" out of place. For the past three years, the Federal Food and Drug Administration, which oversees orthopedic devices as well as medications, has received complaints about a variety of unpleasant side effects resulting from the DePuy implant.

Patients and doctors cited loose hip cups as a complaint, which in turn led to hip dislocations or bone fractures. Metal debris, which was released into the body from the sliding hip replacement structure, could result in allergic reactions and permanent damage to muscles, as well as "tumors" under the skin.
While hip implants are supposedly designed to give at least fifteen years' worth of service, the DePuy hip implant has been failing after only two or three years, leading patients to have to pay large sums and suffer through extensive surgery to correct the problem.

While DePuy has been offering some forms of compensation to some customers, possibly in the form of a replacement unit, it has not yet offered to compensate any of these victims for pain and suffering or other intangible damages. Various class-action lawsuits have been filed against the company, and many are filing individual suits as well. Most of these suits claim that the money or compensation which DePuy offers is not significant enough, as it does not take into account many factors such as extended recovery time and further medical bills.

If you receive any correspondence from DePuy about your hip implant, be sure to take it to a professional Depuy attorney immediately. An expert personal injury lawyer will evaluate your case and advise you whether you should join one of the class-action lawsuits, tackle the case on your own, or accept the compensation DePuy is offering. No matter what your ultimate decision, you owe it to yourself to consult with a good, professional attorney before you make such an important choice, one which may affect your health for the rest of your life.

Depuy Recall Overview is a post from: Personal Injury Attorney News Portal

Imagine you've finally made the decision to place an elderly family member in a nursing home. It's an incredibly tough decision to make, but sometimes it's the right one for families to make. Then, you find out that the nursing home has been leaving your family member alone, neglecting their medical needs, and generally treating them like unaware hospital patients rather than a loved member of your family.

Unfortunately, this happens every day. Thousands of lawsuits have been filed against nursing homes for abuse and neglect, but for some reason it continues to happen. The standards regarding background checks for employees are much too loose, the quality of care winds up declining and the helpless elderly are the ones who suffer.

You might not think of it as personal injury, but it truly is. It's a guilty party responsible for harming an individual -- in this case, and elderly loved one. It's really no different from a car accident, defective product, or even a dog bite for that matter. The core issue is that somebody is causing one you care about pain and suffering and getting away with it.

What people don't know is that they have many legal actions to take if they or a loved one has suffered this type of abuse. Our nursing home abuse lawyers here at Bisnar | Chase have worked tirelessly to end this type of negligent behavior and have been in Orange County for over 30 years.

If you need advice, or simply have questions about the next steps you should take, please give us a call at 1-800-561-4887 so we can go over your case point by point. We want to take the entire burden off of your shoulders and let you focus on getting back to your life. We’ll take care of the nursing home - just give us a chance.

Nursing Home Abuse is a post from: Personal Injury Attorney News Portal

A bicyclist who may have been in the crosswalk in the 100 block of North Euclid Street in Santa Ana is still in critical condition after being struck by an oncoming vehicle on December 25. Police have yet to identify who the bicyclist is, but disclosed that it they were in their 50s.

Medics on the scene quickly rushed the 50-year-old bicyclist to UCI Medical Center where they underwent surgery. The condition or outcome of the surgery was unknown when the report in The Orange County Register went live.

Police shut down three north-bound lanes as they investigated the scene of the accident. The driver stayed at the scene to provide a report. At the moment it is unclear if the bicyclist was in the crosswalk, on the sidewalk, or in the street. Police are continuing to investigate the Orange County bicycle accident and the circumstances surrounding the incident.

We wish the bicyclist a speedy recovery as they recover from the injuries that resulted from this accident.

Car Accidents Involving Pedestrians

In 2006, it was estimated that over 60,000 pedestrians were injured in accidents that involved motorists. The cause of these accidents could range from distracted driving due to texting, cellphones, or other distractions, inexperience behind the wheel, weather conditions, or mechanical problems. Many of these accidents involve critical injuries, and even fatalities to the bicyclist or pedestrian.

California Traffic Code for Yielding to a Pedestrian

California Traffic Code 21950 (a) states that a driver must yield the right-of-way to a pedestrian who is within the limits of a marked crosswalk or inside any unmarked crosswalk at an intersection. Further investigation will be needed as well as interviews with eyewitnesses but if it is found that the bicyclist was within the crosswalk, or walking their bike in the crosswalk and the driver failed to yield at the crosswalk as properly stated, the motorist could be held liable for all injuries and any damages that happened as a result of the accident.

Victims, or their families, who have been involved in a car accident that involved a motor vehicle and a pedestrian it is recommended that they seek the counsel of an experienced Santa Ana car attorney. After looking at statements, police reports, medical reports and looking at the scene, the skilled and experienced personal injury lawyer can best advise you on whether a personal injury case can help you receive compensation for pain and suffering, lost time off of work, damages and medical expenses.

Bicyclist in Critical Condition After Santa Ana Car Accident is a post from: Personal Injury Attorney News Portal

Four people were injured in a car accident after a driver ran a red light and hit two other cars. According to a news report in the Ledger-Dispatch, the fatal car accident occurred the afternoon of August 15, 2010 on southbound Highway 49 at Industrial Boulevard in Amador County. California Highway Patrol officials say Louise Henderson, 77, and 85-year-old Mary Leskey were traveling in a 2000 Nissan, when Henderson drove through a red light. She struck a 2006 Honda driven by 54-year-old Debra Mayer. Then the Nissan hit a 1994 Chevrolet. Leskey and Henderson sustained serious injuries while Mayer and 84-year-old Ethel Beckes, a passenger in the Chevy, sustained non-life-threatening injuries.

I hope no one sustained catastrophic injuries in this crash. I wish them all the very best for a quick and complete recovery.

Elderly Drivers

This incident reminds us, yet again, about the important issue of our aging driving population. California now has almost 3 million drivers who are 65 years or older, according to the Department of Motor Vehicles. A recent study by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety finds fatality rates for drivers begin to climb after age 65. In 2005, about 11 percent of fatal car accidents in the United States had involved drivers 65 or older.

Laws and Liability Issues

Based on this news report, it appears that the elderly driver in this case, ran a red light at the intersection, which is a serious traffic violation. California Vehicle Code section 21453 (a) states: "A driver facing a circular red signal shall stop at the limit line before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown."

If Henderson is determined to have been at fault for this accident, she could be held liable for the accident and injuries caused to others including her own passenger. Injured victims in such cases can seek compensation to cover medical expenses, loss of wages, cost of hospitalization, rehabilitation and other related damages. The best California personal injury lawyers will always offer a free consultation and comprehensive case evaluation to injured victims and their families.

Do you have an elderly family member still driving? What are some of your major concerns about them continuing to drive?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Car Accident Involving Red Light Runner Injures Four is a post from: Personal Injury Attorney News Portal

Michelle Vu, 23, was killed in an Orange County car accident after she was struck by an SUV the night of July 16, 2010. According to a news report in The Orange County Register, the accident occurred at the intersection of Magnolia Street and Edinger Avenue. Vu was crossing the street when she was hit by a Toyota SUV heading north. That SUV was driven by 62-year-old Yeong Kim. Vu was transported to a local hospital where she died. Officials are not sure what caused this accident, but are looking into whether Vu was walking against a "Don't Walk" signal.

I offer my deepest condolences to the family and friends of Michelle Vu for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.

Pedestrian Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), one fatality and 29 injuries were reported as a result of pedestrian accidents in Westminster. In Orange County as a whole, 31 people died and 785 were injured as a result of pedestrian accidents during the same year.

Right-of-Way Issues

Based on this news report, it appears that officials are still looking into who had the right-of-way at the intersection -- the pedestrian or the motorist. California law requires motorists to yield right-of-way to pedestrians who are legally crossing in crosswalks or at intersections.

California Vehicle Code section 21950 states: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection." The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk "shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian."

Liability Issues

Pedestrians also have a responsibility under the same section to walk only in areas designated for pedestrians. In this particular case, I trust officials are looking for eyewitnesses who may have seen what occurred and who was at-fault. If the driver of the vehicle did cause the accident then the driver could be held liable. If a dangerous or defective condition on the roadway caused the accident, then the city or governmental agency could also be held liable. Under California Government Code section 911.2, any claim against a governmental agency must be filed within 180 days of the accident or injury. The best Orange County personal injury lawyers will always offer a free and comprehensive consultation to injured victims and their families.

What steps can pedestrians take to avoid accidents at street intersections? We would like to hear your comments and suggestions.

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Pedestrian Killed in Orange County Car Accident is a post from: Personal Injury Attorney News Portal

Florinda Garcia Flores, 47, was killed in a car accident after she was hit by a minivan while crossing the street, in Santa Barbara the morning of May 27, 2010. According to a KEY News report, the fatal pedestrian accident occurred as Flores was walking west on Coast Village Road. A minivan driven by a 17-year-old boy was approaching her from behind. For some reason, the teen driver lost control of the minivan, jumped the curb and struck Flores, who was thrown several feet away on to the roadway at the intersection of Coast Village Road and Butterfly Lane.

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Fatal Pedestrian Collision

The driver apparently told police that he lost control of his van because it suddenly started to veer to the right. He also said that he tried applying the brakes, but was unsuccessful in stopping the car and ended up striking Flores. Police determined that he was not under the influence, but found marijuana and paraphernalia in his vehicle. The driver was cited and released to his parents. An investigation is ongoing.

My heart goes out to the family and friends of Florinda Garcia Flores for their profound loss. I offer my deepest sympathies to everybody who knew and loved this woman. They will be in my thoughts and prayers.

Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there was one fatality and 60 injuries involving pedestrian accidents in Santa Barbara. Countywide, five people died and 151 were injured as a result of pedestrian accidents during the same year.

Causes and Liability Issues

Based on this news report, police determined that the driver was not under the influence at the time, but found drugs and paraphernalia in his vehicle at the time. If I were one of Flores' family members, I would be curious to find out how authorities came to the conclusion that the teenager was not under the influence at the time. Officials are now examining the teen's vehicle for malfunctions because the driver said the car veered to the right. I trust an official investigation will determine what exactly caused this accident and Flores' tragic death.

If the teen driver is determined to have been under the influence of drugs or driving recklessly at the time, he could be held criminally and civilly liable for Flores' death. Where negligence or wrongdoing is involved, family members of deceased accident victims could file a wrongful death claim seeking compensation to cover medical or funeral expenses, lost future earnings, loss of love and companionship, and other related damages. The best Neweport Beach personal injury lawyers will always offer a free and comprehensive consultation to injured victims and their families.

What steps do you take as a pedestrian to make sure you are safe on the roadway?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Pedestrian Killed in Car Accident is a post from: Personal Injury Attorney News Portal

A 43-year-old man was killed in a Fresno car accident after his motorcycle crashed into a car at a Clovis intersection. The Fresno Bee reports that the accident occurred the evening of April 15, 2010 at the intersection of Peach and Holland avenues. The motorcyclist was southbound on Peach Avenue when he hit a car that was turning north onto Peach from Holland Avenue. The rider was transported to a local hospital where he died. Police said alcohol or drugs do not appear to have been a factor in this fatal collision. The driver of the car was uninjured.

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I offer my deepest condolences to the family and friends of this motorcyclist for their tragic and heartbreaking loss. My heart goes out to everyone who knew and loved this man. They will be in my thoughts and prayers.

Fresno Motorcycle Accidents

There were no fatalities, but three injuries involving motorcycle accidents in Clovis, California, according to California Highway Patrol's 2008 traffic accident statistics. In Fresno County as a whole, motorcycle accidents claimed 14 lives and caused 206 injuries in 2008.

How Motorcycle Accidents Occur

Based on this news report, it is not clear how or why this fatal crash occurred. Officials, based on their preliminary investigations, believe that the motorcyclist may have been speeding. However, it is not clear who had the light at the intersection or who had the right-of-way at the time of the collision. According to the National Highway Traffic Safety Administration (NHTSA), a majority of motorcycle accident and traffic accidents in general, occur at street intersections. Motorcycle accidents especially occur at intersections because when motorists make a turn, they may not consciously be looking for a motorcyclist. Mostly, drivers only look for larger vehicles such as cars, trucks of SUVs at intersections.

Liability Issues

In this particular case, it would also be important to look into whether the driver of the other vehicle was under the influence, distracted or otherwise negligent. If it is determined that the other driver caused the fatal accident, then he or she could be held liable for the accident and the wrongful death of the motorist.

If there was a dangerous condition at this intersection, which may have caused or contributed to this accident, the city or governmental agency responsible for maintaining this roadway could also be held liable. Please remember that any personal injury or wrongful death claim against a California governmental entity must be filed within 180 days of the accident or injury. The best Fresno personal injury lawyers will always offer a free consultation and comprehensive claim evaluation to injured victims and their families.

What are some of the steps you take when you are driving, to look for motorcyclists on the roadway?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Motorcyclist Killed in Fresno Car Accident is a post from: Personal Injury Attorney News Portal

An 18-year-old skateboarder was seriously injured in a Los Angeles car accident after he was struck by a car the afternoon of April 7, 2010. According to a report in the Whittier Daily News, the accident occurred near the intersection of Broadway and Comstock Avenue, in Whittier. Fire department officials say the teenager was unconscious when they arrived. He had sustained injuries to the chest, mouth and left wrist. The skateboarder was thrown about 20 feet from the point of impact.

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My heart goes out to this young man and his family for what they are going through now. I hope his injuries were not catastrophic and wish him the very best for a quick and complete recovery. Please keep him in your prayers.

Pedestrian Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there was one fatality and 37 injuries involving pedestrian accidents in Whittier. In Los Angeles County as a whole, 214 deaths and 4,985 injuries were reported as a result of pedestrian accidents during the same year.

Car Accident Causes

Based on this news report, it is not entirely clear how or why this injury collision occurred. Whose fault was this accident? Was the driver impaired, distracted, speeding or otherwise negligent? The article states that the skateboarder was thrown at least 20 feet from the point of impact. So, where exactly was he walking or riding his skateboard when the horrific crash occurred? Was he on the side of the road or was he crossing in a crosswalk or at an intersection? Did the driver fail to yield right-of-way to the pedestrian, in this case, the skateboarder? I trust officials are looking into these and other issues in order to determine precisely what occurred here.

Liability Issues

If the driver caused this accident, then he or she could be held liable for the teenager's serious injuries. In such cases, victims can seek compensation to cover medical expenses, cost of hospitalization, rehabilitation, physical therapy, surgeries and even long-term care if it becomes necessary. If a dangerous condition on the roadway caused or contributed to this collision, then, the city or governmental agency responsible for maintaining that roadway could also be held liable. Please remember that any claim against a governmental agency in California must be filed within 180 days of the accident or injury. The best Los Angeles personal injury lawyers will always offer a free and comprehensive consultation to injured victims and their families.

What tips would you offer to pedestrians, especially young people riding skateboards on public streets?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

Skateboarder Injured in Los Angeles Car Accident is a post from: Personal Injury Attorney News Portal

The Georgia Supreme Court on March 22, 2010 unanimously struck down limits on jury awards in medical malpractice cases. Prior to this ruling, Georgia had a $350,000 on noneconomic damages. The state's high court ruled that the cap violates the plaintiff's right to a jury trial, which is guaranteed under Georgia's Constitution. According to a news report in the Atlanta Journal Constitution, the court upheld a $1.2 million jury award to 75-year-old real estate agent Betty Nestlehutt, who was the victim of a botched cosmetic surgery. The surgery apparently caused serious personal injuries. It left her disfigured, with gaping wounds and required her to undergo painful, prolonged treatments to prevent infection.

A Ruling of Great Significance

This ruling is a landmark decision in Georgia and extremely good news for victims of medical malpractice in Georgia. In fact, given a similar court decision in Illinois recently, one might be inclined to believe that the tide is turning in favor of wrongfully injured patients. However, this Georgia ruling does not apply to California. In fact, Californians are a long way from having equal rights when it comes to the issue of medical malpractice compensation. The Consumer Attorneys of California (CAOC) of which my partner Brian Chase is a vice-president, is fighting hard for the rights of patients who have been neglected or wronged by doctors, hospitals or other medical professionals.

Justice for Californians

The attorneys of CAOC are basically challenging the Medical Injury Compensation Reform Act of 1975 (MICRA), which was enacted in California to provide affordable medical malpractice insurance for physicians. MICRA limits jury awards in medical malpractice cases to $250,000 for pain and suffering, even for those who have suffered catastrophic injuries, and allows awards of $50,000 or more for future medical expenses and wage loss to be paid at regular intervals over the life of an injured plaintiff.

While $250,000 may sound like a lot of money to the average American, remember that these are plaintiffs who have often suffered catastrophic injuries as a result of medical negligence. These are personal injuries you cannot put a cap on. MICRA is unconstitutional because it denies the common man access to the courts and access to justice. Our civil justice system is the last resort for these plaintiffs and often, the only recourse to obtain any justice. The California personal injury lawyers at BISNAR | CHASE wholeheartedly support CAOC's efforts to get rid of these unfair medical malpractice caps.

Georgia Supreme Court Strikes Down Caps on Medical Malpractice Awards is a post from: Personal Injury Attorney News Portal