According to the latest statistics from the Adoption and Foster Care Analysis and Reporting System Report (AFCARS), there are over 513,000 children in foster care in the United States. Of the more than 300,000 children entering the foster care system each year, the State of California has the most by far – over 45,000 children enter the system each year. Victims of child abuse account for 19% of the children placed in foster homes.
Have you recently lost a loved one in a wrongful death accident? The Stanley C. Franklin Law Firm knows how devastating it can be to suddenly lose a family member as a result of another’s negligence or wrongdoing. Family members lose the love, companionship, comfort, guidance, and often, financial support of a deceased family member. If a loved one has dies after an accident or injury caused by the negligence or misconduct of another individual, company or entity, you may be entitled to bring a legal action for wrongful death against those responsible.
Traffic Violations
When a cyclist sues to recover damages for injuries suffered in an accident with a car, the outcome often depends on whether negligence of recklessness on the part of the driver caused the accident. Negligence by an automobile driver can take include speeding, running a stop sign, or swerving into a bike lane.
Sex Crimes
Assault
If you have been injured or harmed due to the unlawful touching by another person, you can seek compensation for an assault and battery injury and should contact the Stanley C. Franklin Law Firm for your assault and battery injury claim.
Wrongful termination is a term that refers to a person who has been fired when they should not have been. For termination to be considered wrongful, an employer must violate a specific State or Federal law, regulation or constitutional provision.
Employment Discrimination
Federal and State laws protect workers from employment discrimination based on age. Under the Federal Age Discrimination in Employment Act (ADEA), it is illegal for an employer to fire, refuse to hire or otherwise discriminate against an employee on the basis of age. Similar rules apply in California, under the Fair Employment and Housing Act (FEHA). Age discrimination occurs when an employer takes an adverse employment action against an employee or discriminates against an employee based on age. If you believe you have been subjected to age discrimination at work, you may be able to secure relief under State or Federal Law.
Employment Contract
In California, it is important to note that employment is considered “at-will” (unless there is an employment contract between the employee and employer). This means that an Employer can fire an employee for no reason or any reason at all. Similarly, an employee is free to leave his or her job at anytime. However, the law makes clear that even though employment may be considered at will, an employer cannot fire or terminate an employee for illegal reasons. Specifically, an employer cannot fire or terminate an employee for any of the following reasons...
Sexual Harassment
Sexual harassment in the workplace is a serious matter that violates both California and Federal Law. Generally, sexual harassment is any unwanted and unwelcome sexual behavior. It involves a broad range of conduct, including both verbal as well as physical harassment.
Within the past forty years, Stanley has helped clients in cases such as motor vehicle accidents, pedestrian accidents, product defect cases, slip and fall accidents, premises liability cases, burn injuries, wrongful death cases, dog bites and more recently, rideshare accidents.
Property Damage
Usually, any monetary compensation in a pedestrian negligence case involving a car will depend on the duty of care owed by those involved. Both drivers and pedestrians must abide by the laws of the road and show reasonable care. In many cases, it may seem obvious who was careless or negligent, but the courts look to a number of factors in applying the facts of each case to the elements of a “negligence” claim. A person who negligently operates a vehicle may be required to pay damages for personal and property damage caused by that negligence.
In the immediate aftermath of an accident, it’s natural to be in shock and confused as to what to say or do next. With personal injury claims, proper and timely documentation is of utmost importance. Representation by an experienced attorney is vital from the start, but here are the absolute best tips for laying a strong foundation for your case, beginning at the accident scene.
Medical Malpractice
Prior to possible litigation for medical malpractice involving elder abuse, a review of medical records is crucial. All family members, friends, visitors, and other witnesses should be interviewed to determine if more information will help in evaluating the case. Important factors that will help determine the amount of damages include the level of abuse, any potential patterns of neglect and/or abuse, and whether injuries can be shown to have been caused by the negligence of the care facility and caregiver(s).
Auto Accidents
Dog Bites
Under California law, dog owners are liable when their dog bites someone while in a public place, or while a person is lawfully in a private place. Many California counties, including San Diego, have leash laws that require dogs to be restrained by a leash six feet or shorter. Violation of leash law provides another basis for holding the dog owner responsible. There is no responsibility-free bite. The attack victim does not have to prove fault or negligence. Dog owners have also been held responsible when the dog was not actually successful in biting its victim, but the victim was injured while trying to escape the dog’s attack.
Disability Discrimination
It is unlawful to discriminate against qualified persons with disabilities in almost all aspects of employment, including hiring, firing, job applications, interviews, promotions, compensation, benefits, training, as well as other terms of employment. The law also protects individuals who are perceived to have either a physical or mental disability but who are not in fact disabled. This is referred to as disability discrimination based on a perceived disability.
Slip and Fall Injury
“Slip and fall injury” or “trip and fall injury” is the generic term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property. Slip and fall injuries can result from such problems as water, rain, ice, snow, grease or other slippery substance on a walking surface, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or a hard-to-see hole in the ground. Slip and fall accidents are considered a personal injury. If you are on someone else’s property and you injure yourself as a result of a dangerous condition on the property, the land owner or business proprietor may be liable for your injuries. Common examples of slip & fall accidents include...