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Can You Sue If a Dog Bites Your Dog?

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Archive: May 2019

Can You Sue If a Dog Bites Your Dog?

Our furry friends are some of the most important companions we have in our lives. We want to protect our dogs and keep them safe from harm – but what happens if another dog bites your dog while you’re out for a walk? You can sue a person if his or her dog bites you, but what about a dog biting a dog? If your dog suffered injuries due to another owner’s negligence, you could claim certain forms of compensation for your losses.

California’s Dog Bite Statute and Dogs Biting Dogs

California’s dog bite statute provides a lot of protections for people who suffer injuries from dog bites . This being said, the statute, Civil Code 3342, does not provide protections for dogs attached by other dogs. This statute is a strict liability statute that extends protections to humans, not animals. However, California law does classify dogs as personal property. If your dog suffered injuries due to another dog, you could bring a property damage lawsuit against the owner of the aggressive dog.

You can hold the other owner liable for the damages that your dog suffered if you can prove that he or she acted in negligence. The other owner will have to satisfy one of the following conditions for you to successfully hold him or her liable for your dog’s damages.

  • The other dog owner had noticed that his or her dog had dangerous, aggressive, or vicious tendencies. If a dog owner notices that his or her dog acts aggressively towards other animals, he or she has a legal responsibility if the dog ends up attacking another animal. If the dog had not shown aggressive signs before the incident, the owner is not liable for the damages.
  • The other dog owner acted in negligence because he or she violated a state or local animal control ordinance. For example, if the local law requires all dogs to be on a leash and the owner did not have his or her dog on a leash, you can hold the other owner liable for your dog’s injuries.

What Damages Can You Claim on Behalf of Your Dog?

You can receive multiple types of damages if your dog suffered injuries as a result of another dog’s attack. You usually receive damages for the greater of the following amounts.

  • The reduction of your dog’s animal market value that the injury causes, usually applicable if your dog is a rare or valuable breed. For example, if your dog is a Chow Chow that has a market value of $2,000 and suffers injuries due to another dog’s attack, its market value could decrease. Depending on the extent of the attack, your dog’s value may decrease to $700, and you could receive $1,300 in damages.
  • The reasonable and necessary costs that your dog needs to recover following the other dog’s attack. For example, say that another dog attacks your dog and you have to take it to the vet. Your dog may receive $500 in veterinarian bills, a surgery that costs around $2,000, medications that cost $200, and boarding costs of $100. You could receive a total of $2,800 in damages to compensate for your dog’s reasonable and necessary medical treatment.

Punitive Damages

You could also claim damages for the intentional infliction of emotional distress or punitive damages, in cases of exceptionally negligent or reckless behavior. To claim damages for the intentional infliction of emotional distress, you will need to satisfy the following conditions.

  • The other dog owner acted in an extreme or outrageous way and either intended to cause or recklessly caused emotional distress to you.
  • You suffered severe or extreme emotional distress.
  • The cause of your emotional distress was due to the other dog owner’s extreme or outrageous conduct.

If your dog suffered injuries from a bite from another person’s dog and you can prove negligence in this situation, you could claim compensation through a dog bite lawsuit. Contact a Orange County dog bite attorney as soon as possible to learn more about the process and to file your claim.

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Roundup Hit with $2 Billion Verdict for Causing Cancer

Less than 12 months after a jury in Northern California awarded $289 million to a man who contracted cancer from exposure to Roundup, another Northern California jury awarded $80 million to a man diagnosed with cancer that was linked to the use of Roundup around his home.  A third notable trial was recently submitted to the jury, where it was argued by plaintiff’s counsel that the jury should award $1 billion in punitive damages.  On May 13, 2019, the jury hit Monsanto for a verdict of $2 billion in damages.  Bayer, who purchased Roundup maker Monsanto for $66 billion (USD) in 2018, is in the process of appealing the first jury verdict, showing the indifference the company has for its product that has been linked to causing cancer in its customers.

Throughout these trials, chilling documents from Monsanto have been uncovered, including emails discussing Monsanto’s plans to build a “scientific outreach” network to recruit scientists, regulators, and people of public opinion to work “directly or indirectly/behind the scenes” on Monsanto’s behalf.  Further proof of the callousness of Monsanto is an email written to its employees stating that if an employee becomes aware of “adverse effects” from working at the plant, i.e. diagnosis of cancer, the employee is to notify Monsanto and not the Environmental Protraction Agency (“EPA”).  Other documents revealed that Monsanto paid for studies to combat independent research that Glyphosate caused cancer.

If you have been diagnosed with non-Hodgkin lymphoma after using Roundup, you are not alone, as over 11,000 other victims have filed lawsuits against Monsanto and Bayer across the country.  These cases hinge on whether Glyphosate, a key ingredient in Roundup, is safe to use.  Juries have already recognized that Glyphosate is a substantial factor in causing cancer to those who have used Roundup. Warning signs of lymphoma include the following:

 

  • Swollen lymph nodes in neck, armpit, or groin, which may or may not be painless;
  • Cough
  • Shortness of breath
  • Unexplained weight loss
  • Fever
  • Night sweats
  • Fatigue
  • Weight loss
  • Itching

 

While these symptoms are similar to those of other illnesses, if you have been diagnosed with cancer and have a history of exposure to Roundup, please contact our firm today, as you may be entitled to compensation for your medical treatment and bills, pain and suffering, and more.

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Can You Cancel a Workers Comp Claim?

Suffering an injury in the workplace can be damaging to your body and to your pocketbook. Luckily, California offers safety nets in the form of workers’ compensation to help you pay for your injuries and collect wages even after you take leave from work. However, not everyone wants to see workers’ compensation claims to the end. For one reason or another, you may want to cancel or withdraw your workers’ compensation claim. How can you go through with this process?

California’s Workers’ Compensation System

Workers’ compensation claims in California operate on a no-fault system. This means that you do not have to prove that your employer acted in negligence in order to receive compensation. All you need to prove is that you suffered an injury that was related to your work. If you suffered an injury on the job in California, you can claim compensation for the following damages.

  • Medical expenses associated with the injuries, such as medical appointments, travel to medical appointments, medications, surgeries, physical therapy, and other treatments.
  • Temporary disability payments, based on two-thirds of your average weekly wage for a maximum of two years after your injury.
  • Permanent disability payments, which occur when your injury affects your ability to go back to your job, or to work at all. The state determines how much you receive based on your disability.
  • Life pension payments if you suffer from a severe disability, which you can receive for the rest of your life.
  • Vocational retraining costs if you can no longer work in your old job and you cannot receive modified employment. This coverage pays for your education at approved schools.
  • Death benefits if you lost a spouse or parent due to a workplace accident.

Why Would You Cancel a Workplace Compensation Claim?

If you suffered an injury on the job in California, you may initially file a claim with your workers’ compensation insurance and later change your mind. People decide to cancel or withdraw their claims for a number of reasons. Perhaps you believe you do not have sufficient evidence to prove that your injury was work-related or maybe you believe that it is not serious enough to go through the workers’ compensation process for. Maybe you do not want to undergo this stressful process at all.

Whatever your reason for canceling a workers’ compensation claim, discuss your legal options with a Orange County workers’ comp attorney as soon as possible. Your attorney can discuss the facts of the case with you and help you determine if you could claim compensation based on available evidence, as well as find additional evidence. If the process is too overwhelming, your attorney can handle the litigation on your behalf.

How to Cancel a Workers’ Compensation Claim

If you want to cancel a workers’ compensation claim, you have the right to do so no matter where you are in the stages of filing. The process will depend on where you are in the case, but usually involves the following steps.

  • First, send a written letter to the insurance company and your employer to let them know that you want to cancel your claim. You do not have to justify why you want to withdraw.
  • Wait 30 days for the company to respond to your letter. If you do not receive a response, you can prepare a motion for a request for dismissal.
  • Write your motion and make copies for your records. Mail the motion to the court that is hearing your claim.
  • Prepare a proof of service and have an outside adult witness to sign the document and send it to court, as well as all other interested parties in your case.
  • Finally, wait 30 days to hear from the court. You may need to appear at a hearing to withdraw your claim.

If you suffered an injury in the workplace and want to cancel your workers’ compensation claim, contact a workers’ compensation attorney as soon as possible. You can discuss your options and learn more about the withdrawal process.

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Can I Claim Personal Injury If I Was at Fault?

Everyone makes mistakes behind the wheel sometimes. Whether your kids in the back seat momentarily distracted you or accidentally sped through a red light, driving mistakes occur to the best of us – but sometimes, they can lead to severe accidents and injuries. If you were at fault for the accident, you could still receive compensation for your injuries through a few methods.

California’s Fault-Based System

The most common accident that you could claim compensation for is a car accident. Many states follow a no-fault insurance system, which means that drivers must purchase insurance to cover for their own injuries in a car accident. No-fault coverage provides for medical expenses, lost wages, and other damages as a result of injuries in a car accident, regardless of who was at fault. Unfortunately, California follows the traditional fault-based system.

In California, the driver who is at fault for the accident will need to provide compensation for the other driver’s injuries, property damage, and other losses. Usually, your insurance claim will absorb these costs if you were the one at fault for the accident. You may see your insurance rates rise as a result.

In addition, people involved in car accidents and other incidents of personal injury can file a personal injury lawsuit with the help of a Orange Country car accident lawyer against the at-fault party in California civil court. As an at-fault driver or party, you cannot claim compensation for your damages. California’s liability system makes it very difficult for you to hold the injured party accountable for your injuries.

Personal Injury Protection Insurance for At-Fault Drivers

Although California is a fault-based state, you could make a personal injury claim if you suffered injuries in an accident you caused. While California does not require you to purchase personal injury protection insurance, you could choose to invest in this insurance option in the event of an accident you cause. Personal injury protection insurance operates in the same way that no-fault insurance coverage operates in no-fault states.

Personal injury protection is an optional insurance coverage in California, and may also be known as med-pay. When you invest in personal injury protection, you can receive compensation for medical expenses such as hospital stays, medications, mobility equipment, and doctor’s visits not only for you, but also for any passengers injured in your vehicle.

Personal injury protection comes with some limits. Typically, this coverage does not cover pain and suffering damages or any damage to your vehicle. When you suffer an injury in an accident you cause in California, you can make an injury claim with your personal injury protection if you have it. You could also receive coverage under your personal health insurance, but your personal injury protection could help cover for any unmet medical needs.

California’s Comparative Fault System

If you are truly and completely at fault for your accident in California, filing a claim through an optional personal injury protection plan may be the only way you can claim compensation for your injuries. Your medical insurance and your car insurance could help you receive additional compensation. However, if the other driver was partially at-fault for the accident, you could claim compensation for a portion of your injuries thanks to California’s comparative fault system.

Under this system, if the other party in your case accepts at least 1% of the liability for the accident, you could make a claim for your damages. The comparative fault system means that if you go to court for your case, the court may assign a percentage of liability to each party. You can receive compensation for the percentage of the accident that was the injured party’s fault.

If you are struggling with paying for your damages after an accident, contact a Orange County personal injury lawyer as soon as possible. Even if you believe you are at fault for the accident, your attorney can conduct an investigation into your claim and help you find pathways to compensation.

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Justicia para Víctimas de Abuso Sexual Infantil

 

Justicia para Víctimas de Abuso Sexual Infantil

por

Jess J. Araujo

 

Existen algunas lesiones que son tan severas y extremas que no existe un remedio perfecto para compensar adecuadamente a las víctimas o para quitar los efectos permanentes del daño sufrido. Tal es el caso de niños víctimas de abuso sexual y violación. Estas imperdonables e inexcusables violaciones a las leyes de la naturaleza y la sociedad han sido una realidad horrorosa desde los inicios del tiempo. Enfrentarse con estos retos para proteger a nuestros niños ha sido una responsabilidad primaria de las agencias de la ley y de los profesionales del comportamiento humano en cualquier lugar del mundo.

 

Aunque no existe un remedio perfecto, en los Estados Unidos, a diferencia de otros países, sí existen numerosas leyes federales y leyes estatales que ofrecen protección para los niños y castigos para los que los abusan sexualmente. Desafortunadamente, a pesar de todas estas leyes bien intencionadas, un número incalculable de abusos contra la niñez ocurren cada día. Y el obstáculo más grande para identificar y castigar a los criminales que abusan sexualmente de los niños, es la negativa de la víctima y su familia a reportar el crimen.

 

En el caso de niños víctimas de violación y abuso sexual, los motivos para rehusarse o la falta de voluntad para reportar los crímenes han sido bien documentados por psiquiatras de niños, psicólogos de niños y representantes de la ley expertos en este campo.  En el caso de niños Latinos víctimas de violación y abuso sexual, existen poderosos factores culturales y religiosos que son retos adicionales al reportar estos despreciables crímenes especialmente cuando los que los cometen son sacerdotes, pastores, u otros líderes de la iglesia.  Católicos devotos y miembros de otras denominaciones religiosas frecuentemente son renuentes a registrar quejas contra líderes que son pedófilos, basados en la creencia errónea que el hacerlo sería deslealtad a su iglesia. Esto no es verdad. Hoy, la gran mayoría de líderes religiosos, incluyendo al Papa Francisco, han pedido la identificación de los sacerdotes depredadores sexuales y han prometido reportar a tales criminales a las autoridades policiales.

 

La Doctora Lisa Aronson Fontes, una distinguida psicóloga clínica y experta reconocida en tratar con niños Latinos víctimas de abuso sexual ha documentado las preocupaciones culturales relacionadas con la profunda pena asociada con tal abuso.  “La vergüenza” dice ella, es “usada para controlar a otros y crear una tendencia a cubrir, más que a reconocer un error o un mal hecho…y aún para mentir completamente.  Involucrarse EN CUALQUIER FORMA en el sistema de abuso de niños es en sí mismo una experiencia vergonzosa para muchas familias Latinas.”  Y, los niños víctimas se sienten culpables pensando que ellos participaron en los actos especialmente si hubo múltiples incidentes; si les dieron regalos o si ellos o sus familias fueron amenazadas con reportar a inmigrantes indocumentados.  Se les dice a las víctimas que nadie les creerá contra un sacerdote o pastor.

 

La justicia para niños víctimas de violación o abuso sexual solo puede ser lograda si las víctimas y sus familias reportan los crímenes a la policía para asegurarse que los criminales sean castigados y quitados de los puestos que les permiten continuar abusando de menores.  Las víctimas también deberían hacer uso de abogados para registrar reclamos por compensación.  Las cortes han ordenado pagar compensaciones muy elevadas que promedian más de $1 millón de dólares por víctima.  Ninguna cantidad de dinero removerá jamás el inimaginable y permanente dolor emocional, psicológico y físico que las víctimas hayan sufrido. Sin embargo, estos elevados pagos hacen que los líderes de Iglesias tomen acciones efectivas para asegurarse que los sacerdotes y pastores pedófilos sean identificados y quitados de sus iglesias.  La compensación también ayuda a obtener la terapia necesaria y tratamiento para ayudar a las víctimas y sus familias a comenzar su recuperación.

 

Este es un llamado a todas las víctimas, muchos de ellos ahora son adultos, ó a sus familias, a contactarse con nuestra oficina para la ayuda en obtener todos los remedios disponibles para finalmente lograr la bien merecida y largamente esperada JUSTICIA.    

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Justice for Child Victims of Sexual Abuse

Justice for Child Victims of Sexual Abuse

By

Jess J. Araujo

There are some injuries that are so extreme and severe that no perfect remedy is available to adequately compensate the victim or to remove the permanent effects of the harm suffered.  Such is the case with child victims of sexual abuse and rape.  These unpardonable and inexcusable violations of the laws of nature and society have been a horrendous reality since the beginning of time.  Dealing with this challenge to protect our children has been a primary responsibility for law enforcement agencies and behavioral professionals everywhere.

 

While there is no perfect remedy, in the United States, unlike in other countries, there are numerous federal laws and laws in every state that provide protection for children and punishment for those that sexually abuse them.  Unfortunately, despite all these well intended laws, an incalculable number of childhood abuse incidents occur every day.  And, the biggest obstacle to identifying and punishing the criminals that sexually abuse children, is the refusal by the victim and his or her family to report the crime.

 

In the case of child victims of rape and sexual abuse, the reasons for a refusal or unwillingness to report the crimes have been well documented by child psychiatrists, psychologists and law enforcement experts in this field.  In the case of Latino child victims of rape and sexual abuse, there are powerful cultural and religious factors that present additional challenges to reporting these despicable crimes especially when the perpetrators are priests, pastors, or other church leaders. Devout Catholics and members of other religious denominations are often reluctant to file complaints against pedophile leaders based on a mistaken belief that doing so would be disloyal to their church.  This is not true.  Today, the vast majority of religious leaders, including Pope Frances, have called for the identification of predator priests and have vowed to report such criminals to police authorities.

 

Dr. Lisa Aronson Fontes, a distinguished clinical psychologist and recognized expert in dealing with Latino child victims of sexual abuse has documented the cultural concerns related to the profound shame associated with such abuse.  “Shame” she states is “used to control others and creates a tendency to cover up rather that acknowledge an error or wrongdoing…and even outright lying.  Becoming involved IN ANY WAY in the child abuse system is itself a shaming experience for many Latino families.”  And, child victims feel guilty thinking that they participated in the acts especially if there were multiple incidents, if they were given gifts or if they or their families were threatened with reporting undocumented immigrants.  Victims are told that no one would believe them against a priest or pastor.

 

Justice for child victims of rape and sexual abuse can only be achieved if the victims and their families report the crimes to the police to make sure that the criminals are punished and removed from positions that enable them to continue to abuse children.  Victims should also use attorneys to file claims for compensation.  The courts have ordered very large compensation awards averaging more than $1 million dollars for victims.  No amount of money will ever remove the unimaginable permanent emotional, psychological and physical pain that victims have suffered. However, these significant awards cause the leaders of churches to take effective action to make sure that pedophile priests and pastors are identified and removed form their churches.  The compensation also helps to obtain necessary therapy and treatment to help victims and their families start to recover.

 

This is a call to all victims, many of whom are now adults, or their families, to contact our offices for help in obtaining all remedies available to finally achieve well deserved and long delayed JUSTICE.    

Call us today for a free and confidential consultation to find out what we can do to help. The lawyers at DiMarco | Araujo | Montevideo are committed to assisting and seeking justice for any and all survivors of  abuse for their inexcusable actions and we are ready to stand by your side and fight for you. Click Here for more info.

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