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California Jaywalking Law

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Author Archives: ilawyer

  1. California Jaywalking Law

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    Jaywalking is a common term for a pedestrian crossing the street at a place that is not an intersection or crosswalk. Although California law does not specifically use the term jaywalking, it prohibits crossing the road at any place except in designated locations. If a vehicle strikes a jaywalking pedestrian, the pedestrian could be wholly or partially at fault for the collision. Learning the state’s jaywalking law can help both pedestrians and drivers.

    Pedestrian Duties in California

    California Vehicle Code (CVC) section 21955 contains the state’s jaywalking law. It states that pedestrians may only cross the roadway at crosswalks, intersections with traffic control devices and intersections with police officers directing traffic. Crossing in the middle of the road between adjacent intersections breaches a pedestrian’s duties and breaks the law.

    It is also against the law for a pedestrian to step off a curb when it is not safe to do so, even at a crosswalk or intersection. If an approaching vehicle does not have a reasonable amount of time to come to a stop, the pedestrian must remain on the curb until it is safe to cross. Stepping out in front of an oncoming vehicle could make the pedestrian responsible for a resultant accident. Finally, pedestrians cannot cross the road where signs prohibit doing so.

    Pedestrians should use sidewalks and designated overpassed, tunnels and bridges whenever available in California. The only time it is legal for a pedestrian to walk in the road is if a sidewalk or passageway is not available and if the pedestrian walks on the leftmost edge of the road. The only time a person can walk on the right-hand edge of the road is if no other way to cross safely exists.

    A Pedestrian’s Right-of-Way

    When a pedestrian does use a crosswalk, he or she has the right-of-way, as long as the pedestrian uses the crosswalk correctly. CVC section 21950 gives a pedestrian the right-of-way over vehicles at marked crosswalks and unmarked crosswalks at intersections. Yet this law does not give pedestrians the right to dismiss their duties of care. They must still cross safely rather than walking into the path of an oncoming vehicle. It is illegal for a pedestrian to unnecessarily stop traffic while using a crosswalk.

    A pedestrian’s duty to use due care for his or her safety does not relieve a driver of his or her duties. A driver must still exercise due care for the reasonable safety of pedestrians while stopping at crosswalks and intersections. Drivers must pay attention to the road, obey speed limits and come to complete stops at intersections and crosswalks. They must yield the right-of-way when pedestrians have the legal right to cross. If a pedestrian does step out in front of a vehicle, the driver has a duty to reasonably try to avoid the crash.

    If you or a loved one was a victim in a pedestrian accident, our Orange County personal injury attorneys can help. Contact us today to schedule a free consultation to explore your legal options.

    Liability for Jaywalking in California

    If a pedestrian is guilty of jaywalking in a traffic collision, he or she could bear at least partial responsibility for the accident. California is a pure comparative negligence state, meaning an injured pedestrian could file a lawsuit for some damages even if he or she contributed to the accident. The courts will assign a percentage of fault to each party involved in the accident. Then, the courts will reduce the plaintiff’s damage award in proportion to his or her amount of fault.

    Jaywalking is a suitable defense for a driver involved in a pedestrian accident. If the driver can prove that the pedestrian stepped off the curb negligently or tried to cross the road at a place that was not an intersection or crosswalk and that this action caused the collision, the driver might not be liable for damages. Jaywalking is against the law in California. Breaking this law as a pedestrian could eliminate any right to financial compensation from the driver.

  2. What Is a Supplemental Job Displacement Voucher?

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    In the state of California, after an employee suffers on-the-job injuries it is up to the discretion of a doctor to determine if the worker requires any work restrictions or accommodations to return to work. The employer must consider these restrictions if the employee returns to work.

    In some cases, the employee is unable to return to work. The employee is no longer able to perform the same assigned duties he or she did before the injury. However, not returning to work is often not viable for the individual or the employer – one needs a source of income and the other needs an employee. Instead, job retraining may take place, as established by the California Department of Industrial Relations through a Supplemental Job Displacement Voucher.

    What Is a Supplemental Job Displacement Voucher?

    A supplemental job displacement voucher is a $6,000 benefit that pays for educational retraining or skill enhancement at state-approved or accredited schools. These benefits are for injured workers who are unable to return to work in the same capacity they did before the injury. This includes if workers unable to return to the regular position they held before, or to a modified or alternative position.

    These situations entitle a worker to a supplemental job displacement voucher to train for or find new employment. This applies to all types of workers including police officers and firefighters. This may not apply to undocumented workers, who may not be able to legally perform permanent work due to their immigration status.

    It is important that the injured worker submit a workers’ compensation claim in order to be eligible for a supplemental job displacement voucher. This voucher includes medical care, temporary disability, and permanent disability benefits. Injured workers in California may be eligible for other benefits as well, depending on their specific cases. If you or a loved one needs assistance with a workers’ compensation claim, contact us. Our Orange County workers’ compensation lawyers offer free consultations and can help you explore your legal options.

    What Can a Person use a Supplemental Job Displacement Voucher for?

    The Supplemental Job Displacement voucher that will pay for any part of job retraining. It is a $6,000 voucher that can pay for the following.

    • Education-related retraining or skill enhancement at a California public school
    • Training at a State Eligible training provider list (ETPL) provider
    • Tuition, fees, books, other expenses
    • Occupational licensing
    • Professional certification fees
    • Exam prep
    • Placement agencies
    • Vocational counseling
    • Resume prep
    • Tools required by education or training program
    • Computer equipment up to $1,000
    • Miscellaneous expenses up to $500

    The idea is that the Supplemental Job Displacement voucher will pay for any aspect that may be necessary for job retraining and obtaining a new position.

    What Else Should I Know About a Supplemental Job Displacement Voucher?

    A supplemental job displacement voucher is a useful part of workers’ compensation. Individuals who are willing to return to work in some way can use these job retraining benefits to prepare themselves for a new career. After receiving a supplemental job displacement voucher, the individual must promptly use the voucher before it expires, either two years from the date of the voucher or five years from the date of the injury. If an individual has more than one workers’ compensation claim, he or she may be eligible for multiple job displacement vouchers.

    How to Obtain a Supplemental Job Displacement Voucher

    The process for obtaining a supplemental job displacement voucher is a fairly simple one. This three-step process requires the following steps.

    1. A doctor’s medical opinion
    2. Decision of the employer to offer work
    3. Decision of the employee to accept the offer.

    The doctor’s medical opinion must be in the form of medical records that indicate the extent of an employee’s injuries. The worker should give this document to his or her employer. The insurance company also requires documentation of the offer letter for work. An employer must make the offer letter to return to work within 60 days of treating the physical injury. The employee then has 30 days to accept the offer.

  3. What Is the Workers’ Compensation Medical Disclosure Act?

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    Workers’ compensation insurance is there to benefit workers injured on the job, but it can be complex and difficult to understand. This is especially true when your employer’s insurance company denies your claim. The intent of workers’ compensation laws is to support workers, but the job of an insurance company claims adjuster is to protect their company’s interests. They thoroughly investigate claims to ensure they are legitimate.

    However, gathering the information needed to investigate your claim can feel like an invasion of privacy. Claims adjusters and employers may legally access some, but not all, of a claimant’s medical records without consent. Several federal acts are in force to protect your rights. While you may need to disclose some information to file your claim, it is important to be aware of your rights to privacy. 

    What Is the Workers Compensation Medical Disclosure Act?

    The workers compensation medical disclosure act defines what information it requires and what information it allows an employer to ask for. It defines relevant medical information as the following:

    • Information regarding the nature of injury for which an employee claims a benefit
    • Information pertaining to diagnosis, costs, and the nature of treatment of the injury which the employee claims benefits.
    • Records regarding the injury for which an employee claims a benefit that is necessary for the employer to have in order to modify the employee’s work duties and other accommodations.
    • Information that is necessary for the employer to defend itself in adjudicated cases.

    The act also allows employers to access this information with or without express consent of the employee. Typically, the insurance providers or administrators provide these documents. However, the act still protects rights of the employees. An employer may not request or gain access to infractions that are not directly related to the workers’ compensation claim. Lastly, employers may not divulge this information to any other persons or entities.

    Do I Have to Allow My Employer Access to Medical Records?

    Even under the workers’ compensation medical disclosure act, an employee must release their medical records for a workers’ compensation claim. Although this may seem like an invasion of privacy, without medical records there is no way to validate a workers’ compensation claim. Employers may request medical information related to your claim, but they may not request any other sensitive medical records. They also may not use force or coercion against an employee to disclose their information. Fortunately, there are several federal laws in place to protect your privacy.

    Federal Protection of Medical Records

    Federal protections are in place to protect your medical records. When it comes to workers’ compensation claims it is challenging to decide what information to disclose. Disclosing the wrong information may lead to the denial of your claim. On the other hand, you may have information you would prefer your employer and others not know. Two federal provisions that protect your rights are the Health Insurance Portability and Accountability Act and the Drug Abuse Treatment and Rehabilitation Act.

    Health Insurance Portability and Accountability Act (HIPPAA)

    This federal law protects an employee’s privacy. HIPAA exists in various places, such as hospitals and physical therapy practices, and restricts the sharing of medical records. The HIPAA Privacy Rule permits the disclosure of health information for workers’ compensation purposes without individual authorization, but it does require that information must be within the employer’s direct purpose or interest.

    The Drug Abuse Treatment and Rehabilitation Act and the Comprehensive Alcohol and Alcoholism Prevention, Treatment and Rehabilitation Act

    These federal laws protect employee privacy concerning information related to substance and alcohol abuse treatment.

    If you have recently filed a workers’ compensation claim, it is useful to understand the basic information regarding medical records and privacy and protect your rights. Hiring an experienced Orange County workers’ comp attorney can help you with your claim. Contact DiMarco | Araujo | Montevideo today to schedule a free consultation.

  4. Understanding Labor Code 4850

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    California enacted Labor Code 4850 to benefit law enforcement officers, firefighters and other public safety/service employees in the event they suffer an injury while performing their duties. The labor code allows these workers to receive their full salaries for no more than one year within a five-year period from the date an on-the-job injury.

    The code provides for a salary in the event the worker suffers a temporarily totally disability from an injury or illness incurred in the course of performing their duties. If you are a public safety/service worker, it is important to understand Labor Code 4850.

    What Is Labor Code Section 4850?

    Labor Code Section 4850 does not only cover law enforcement officers and firefighters. It applies to all of the following public safety/service workers:

    • City police officers
    • City, county, or district firefighters
    • Sheriffs
    • Officers or employees of any sheriff’s offices
    • Inspectors, investigators, detectives, or personnel with comparable titles in any district attorney’s office
    • County probation officers, group counselors, or juvenile services officers
    • Officers or employees of a probation office
    • Under Section 830.31 of the Penal Code, law enforcement officers who work on a regular, full-time basis in a first-class county
    • Lifeguards employed year-round on a regular, full-time basis by a county of the first class or by the City of San Diego
    • Airport law enforcement officers
    • Harbor or port police, wardens, or other officers of harbor or port districts or city/county harbor departments
    • Police officers of the Los Angeles Unified School District

    Individuals in these roles who perform the correct duties have the right to receive Labor Code Section 4850 benefits. The benefits of Labor Code 4850 are one-year of non-taxable salary. It also includes the continued provision of heath care and pension benefits. If the individual remains disabled after these benefits expire, they will continue to receive benefits at the state rate. However, they may have to pay for health insurance benefits and employer pension contributions may terminate, as well.

    How Long Does Section 4850 Last?

    Section 4850 strictly allows benefits to last for one year after the date of each injury. This means if the individual incurs a second injury while on Labor Code Section 4850, a new year will begin from the date of the new injury. If two injuries occur concurrently, a claims administrator may try to argue for allowing only one year and no additional time.

    Are There Breaks in Section 4850?

    There are no breaks in Labor Code Section 4850. The employer must provide salary for one year within a five-year time frame from the date of injury. If the individual returns to work and has a subsequent total temporary disability period, that time may be in smaller periods.

    When Does Labor Code Section 4850 End?

    Labor Code Section 4850 benefits end after one year. Other reasons the benefits may end are because five years from the date of injury have passed; or that the administrator stops payment of benefits after termination of employment, resignation, or receipt of disability pension retirement benefits has occurred. Keep in mind that after one year, individuals who suffer a disability will be able to receive benefits at the state rate. However, if five years has passed, the individual may no longer be able to receive any benefits.

    If you are a public safety/service employee in California, it is important to understand Labor Code Section 4850. You may be eligible for compensation under Labor Code Section 4850 following an injury. If you feel you need legal representation to claim Section 4850 benefits, contact an Orange County workers’ compensation attorney who can guide you through the often complicated process of filing for you benefits.

  5. Can I File a Sexual Abuse Claim Without Telling My Family?

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    Survivors of sexual crimes have different needs for privacy. Some survivors want the counsel and support of their families, while others may not want their families informed or involved. At DiMarco Araujo Montevideo in Santa Ana, we provide compassionate, experienced representation and work with our clients to protect their privacy. Contact us today if you are a survivor of sexual abuse or assault and are interested in filing a personal injury claim.

    Are You Entitled to Privacy as a Survivor of Sexual Abuse or Assault?

    If you are a survivor of sexual assault or abuse, you have some rights to privacy. If you are eligible to file a claim with the Independent Compensation Program, your information will be used and disclosed only for purposes of the program and destroyed one year after the program is concluded, except as prohibited by law.

    This program is for people who were abused as minors by a priest in the Archdiocese of Los Angeles or in the Dioceses of Orange, San Diego, San Bernardino, Fresno, or Sacramento. If you file a civil lawsuit for damages against the perpetrator of a sex crime, the court may allow you to use “John Doe,” “Jane Doe,” or another pseudonym in your claim to protect your identity and privacy.

    How Common Is Sexual Abuse or Assault?

    If you have experienced sexual assault or abuse, you are not alone. As reported by RAINN:

    • Child protective services agencies found strong evidence to indicate or substantiated that 57,329 children in the U.S. were survivors of sexual abuse in a single recent year.
    • 66% of all survivors under the age of 18 are ages 12 to 17.
    • One in nine girls and one in 53 boys under the age of 18 experience sexual abuse or assault perpetrated by an adult.
    • Among child sexual abuse cases reported to law enforcement, 93% of the perpetrators are known by the survivor.

    How To Tell Your Family You Are a Survivor of Sexual Assault or Abuse

    If you are a sex crime survivor and choose to share with your family, the following guidelines can help:

    • Tell your family right away: The longer you wait, the more difficult it will be to collect evidence. In the case of rape, your family can take you to the hospital immediately to be checked out by a doctor and have a rape kit done. It is important to go to the hospital and speak to the police as soon as possible, because the longer you wait, the less likely it is that the perpetrator will be held accountable.
    • Tell them anyway if it has been days, weeks, months, or years since the incident occurred: You are a survivor, not a victim. Telling your family lets them in and allows them to help you.
    • Go over the story in your mind: Write down what you experienced as best you can, even if you can only recall minor details and fragments of the incident. No detail is unimportant, and the more you can remember, the better.
    • Tell your family altogether if possible: This eliminates the need to tell the traumatic story more than once.
    • If you don’t feel that you can tell your family, tell someone. Keeping sexual assault to yourself and trying to deal with it on your own can have lasting psychological effects.

    Get In Touch with Our Firm

    At DiMarco Araujo Montevideo in Santa Ana, we are known for the results we obtain and the high level of service we provide to our clients. Call our Orange County personal injury attorneys as soon as possible if you are a survivor of sexual abuse or assault and are interested in filing a personal injury claim.

  6. If I File a Sex Abuse Claim, Will My Name Be Public or Kept Private?

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    In addition to criminal prosecution, perpetrators of sexual crimes may be sued by their survivors in civil court for damages. However, embarrassment and exposure to public scrutiny can sometimes prevent survivors from filing claims against perpetrators of sexual abuse.

    Is it possible to keep your name private in a sexual abuse claim? Contact DiMarco Araujo Montevideo in Santa Ana today for a free consultation. We can assist you in filing a lawsuit while protecting your privacy rights.

    What Is the Presumption of Openness?

    The Freedom of Information Act is a federal law that keeps U.S. citizens in the know about their government. The act provides that agencies should withhold information when processing requests only if they reasonably foresee that disclosure of that information would harm an interest protected by exemption, or if it is prohibited by law. Agencies should consider partial disclosure of information whenever possible if full disclosure is not possible. This is the presumption of openness. There is a presumption in favor of naming parties to a lawsuit from the common law doctrine of open courtrooms; however, this presumption is not absolute. Courts often rule that pseudonyms can be used in sex abuse cases.

    Why Use Pseudonyms In a Civil Lawsuit?

    A sex crime survivor may need to bring a civil lawsuit to seek justice, recover damages, and reveal facts that were not allowed into evidence in a criminal trial. Requiring survivors of sex crimes to sacrifice their privacy in bringing a lawsuit (by not using a pseudonym) can subject them to additional emotional and psychological harm. Public revelation of sexual abuse can make the person a survivor for a second time. Requiring survivors of sex crimes to file under their own names, as opposed to a pseudonym, such as “John Doe” or “Jane Doe” can also dissuade them from filing civil claim and impinge on their fundamental rights of access to the courts.

    When Will Courts Allow the Use of Pseudonyms?

    Courts will allow the use of a pseudonym when the survivor’s privacy considerations outweigh the presumption of openness. As disclosing the name of a sexual assault survivor can slow the healing process, courts will typically rule that privacy considerations for the survivor outweigh the presumption of openness, and a pseudonym can be used for the lawsuit in lieu of the survivor’s name. The right to privacy is protected under the U.S. Constitution and under many state constitutions. This right encompasses the survivor’s interest in non-disclosure of personal information relating to a crime of a sexual nature. When disclosure of private facts is necessary, such as in a civil sexual abuse claim, the corollary right of non-disclosure of identifying information applies.

    Connect with DiMarco Araujo Montevideo

    If you are a survivor of a sex crime and are worried about public exposure in filing a civil lawsuit for damages, call DiMarco Araujo Montevideo. We can assist you in petitioning the court to keep your name private. Our Orange County injury lawyers can also aid in pursuing the maximum compensation for the injuries you have suffered.

  7. What if my Independent Compensation Claim Is Against Clergy of Another Diocese or Religious Order?

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    Compensation is available under the Independent Compensation Program for survivors who were sexually abused as minors by a priest of certain Dioceses in Southern California. But what recourse do survivors have if the sexual abuse was committed by clergy of another Diocese or religious order? If you or your child is a survivor, contact DiMarco Araujo Montevideo in Santa Ana today. We can advise you of your options under the law.

    Who Is Eligible for Compensation Under the Independent Compensation Program?

    The Independent Compensation Program was established to acknowledge wrongs endured by survivors of clerical sexual child abuse committed by priests of the:

    No other survivors of sexual abuse of minors committed by Catholic priests, or by clergy of any other religious order, are eligible for compensation under this program.

    What Happens If the Abuse Was Committed by Clergy of Another Diocese or Religious Order?

    If you file a claim with the Independent Compensation Program involving sexual abuse of a minor by a priest of another Diocese or clergy of another religious order, the program will forward your claim to the appropriate diocese or religious order for handling according to their own policies and procedures for responding to allegations of abuse. If such is the case, the program will inform you as to where your claim has been forwarded. You are also encouraged to report the abuse to the appropriate law enforcement agency.

    How Can an Attorney Help If You Are Not Eligible Under the Independent Compensation Program?

    If you are eligible for compensation under a program established by another Diocese or religious order, our experienced personal injury attorneys can guide you through the claims process, ensure all the paperwork is in order and documentation is provided, and advise you as to whether the compensation offered is just and fair. If litigation is your best option, we can represent you in a civil lawsuit for damages against the responsible party.

    What Damages Are Available In a Civil Claim for Clerical Sexual Abuse?

    Thousands of people nationwide have reported being abused by a priest or church official. In a civil personal injury claim for sexual abuse of a minor, you may be entitled to damages that may include:

    • Pain and suffering
    • Medical treatment and therapy
    • Rehabilitation
    • Disability
    • Lost earnings
    • Lost time with family

    Contact Us Today

    Being sexually abused as a child by a priest or member of the clergy can have an impact on your entire future. If you have suffered clerical sexual abuse as a minor, you deserve to recover full and fair compensation for your injuries. Call DiMarco Araujo Montevideo as soon as possible. Our Orange County personal injury lawyers are tough advocates for clerical sexual abuse survivors.

  8. Receiving Compensation from the Independent Compensation Program

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    A number of instances have come to light of sexual abuse of minors by Catholic priests throughout the nation. If you or your child is a survivor of clerical sexual abuse in certain Southern California Dioceses, you may be entitled to file a claim with the Independent Compensation Program.

    Call DiMarco | Araujo | Montevideo in Santa Ana today for skilled legal representation. Our Orange County clergy abuse attorneys can help you pursue the full compensation you are entitled to receive from the Independent Compensation Program.

    How Will Compensation Amounts Be Determined?

    Victims of sexual abuse by priests in the Archdiocese of Los Angeles or the Dioceses of Fresno, Orange, Sacramento, San Bernardino, or San Diego may be eligible for compensation through the Independent Compensation Program. After registering on the program’s website and reporting the sexual abuse to the appropriate law enforcement agency, you may file a claim with the Independent Compensation Program. Your claim will be reviewed by the program administrators, who have final authority to determine whether you are eligible and how much compensation your claim deserves.

    What Happens after a Claim Is Filed with the Independent Compensation Program?

    The administrators of the Independent Compensation Program will process your claim promptly, once it is received with all necessary supporting documentation.

    • You will receive written notice by mail that your claim has been received by the program.
    • Claims are reviewed by the administrators on a rolling basis.
    • When review of your claim is complete, you will be notified of the determination of your claim, or of any deficiencies in documentation or requests for additional documentation, if needed.

    When Will Claimants Receive Payment?

    Claims are handled by the program administrators on a rolling basis, in the order in which they are received. If your claim is lacking documentation, you will be notified and the claim will be reviewed again when the missing documentation is received by the administrators. Payment will be made to eligible claimants as their claims are processed on a rolling basis.

    How Are Payments Made?

    If you are determined to be eligible for compensation, payment will be issued by the Independent Compensation Program after:

    • Final processing of your claim form
    • Your acceptance of the amount of compensation and
    • The program’s receipt of your signed release (by which you are barred from filing a lawsuit against any party related to the sexual abuse in the future).

    The Independent Compensation Program administrators will authorize payment according to your preference, by check or electronic funds transfer. If your payment is in check form, it will be sent by overnight courier service.

    Get In Touch with Our Firm

    If you are filing a claim with the Independent Compensation Program, it is in your best interests to have an experienced personal injury lawyer in Orange County by your side to guide you through the process and protect your rights and interests. Contact DiMarco Araujo Montevideo as soon as possible for the experienced legal representation you need.

  9. Filing a Claim with the Independent Compensation Program

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    Victims of sexual abuse by priests in certain Southern California Dioceses have the option to file a claim for compensation with the Independent Compensation Program, an independent program run by two nationally-recognized claims administrators.

    At DiMarco Araujo Montevideo in Santa Ana, we can help you explore your legal options. Speak with an experienced Orange County clergy abuse attorney before accepting compensation from the program, as in doing so, you forfeit your rights to file a lawsuit against any party related to the sexual abuse. Contact us today for sound legal guidance and experienced representation in an Independent Compensation Program claim.

    How to File a Claim with the Independent Compensation Program

    To be eligible to file a claim under the Independent Compensation Program, your claim of sexual abuse must be directed against a priest of any of the following Dioceses:

    If you are filing a new claim (not previously reported to law enforcement or the Dioceses) you must first register on the Independent Compensation Program’s website. After you register, you must then report your claim of sexual abuse in writing to the appropriate law enforcement agency, and submit a copy of the police report to the administrators of the program. You will fill out a claim form for the program and provide the appropriate supporting documentation.

    Will Filing a Claim Cost Money?

    There is no fee for filing a claim with the Independent Compensation Program. The program will not reimburse you for you attorney fees or other professional fees associated with your claim. However, our firm operates on a contingency fee basis. This means you pay us no fees unless we maximize your compensation.

    What Proof Will I Need to Submit to Receive Compensation from the Program?

    If you are filing a new claim, the program invites you to provide any documentation identified in the claim form, along with any other corroborating information to substantiate your claim, satisfy eligibility requirements, or allow administrators of the Independent Compensation Program to review, process, and make a fair and accurate determination in evaluating your claim. For claims that were reported to the Dioceses before the initiation of this program, the administrators will be provided with any documentation that was previously submitted by victims and their healthcare providers.

    What Types of Supporting Documentation Will Be Required for My Claim?

    You will need supporting documentation as evidence of the nature, frequency, location, and time of the sexual abuse that occurred. This will assist the administrators in determining your eligibility and evaluating your claim. Examples of such documentation include:

    • Police reports or other law enforcement records
    • Medical or counseling records for treatment relevant to the clerical sexual abuse
    • Copies of contemporaneous notifications regarding the abuse made by the victim to friends, family members, church officials, law enforcement, or others. These notifications could be in the form of email, letter, or another type of communication.

    Connect with DiMarco | Araujo | Montevideo

    If you are filing a claim with the Independent Compensation Program, having experienced legal representation is in your best interests. Contact DiMarco Araujo Montevideo in Santa Ana today to get our Orange County injury lawyers on your side. We can help ensure you receive the compensation you deserve.

  10. What Is the Independent Compensation Program?

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    Clerical child sexual abuse has led to numerous civil lawsuits filed by survivors against the Catholic Church in California. The Independent Compensation Program is a program independent of the Dioceses, administered by two nationally recognized administrators, who have complete autonomy to determine eligibility of individual claims and the amount of compensation for victims.

    It is in your best interests to have legal representation if you have been a victim of abuse. Contact DiMarco Araujo Montevideo today for sound legal guidance in an Independent Compensation Program claim. Our Orange County clergy abuse lawyers can help explore your legal options and help you file for compensation.

    What Is the Purpose of the Independent Compensation Program?

    The Independent Compensation Program was created with the goal of acknowledging the wrongs endured by clerical sexual abuse victims and the failure of the church to prevent harm. The Independent Compensation program aims to provide support for survivors abused as minors in Southern California, regardless of when the abuse occurred. Below are the participating Dioceses:

    • Archdiocese of Los Angeles
    • Diocese of Fresno
    • Diocese of Orange
    • Diocese of Sacramento
    • Diocese of San Diego
    • Diocese of San Bernardino

    This program is independent of the Dioceses. It was established to supplement initiatives, including compensation programs, already undertaken by the individual Dioceses to address sexual abuse of minors by priests.

    Who May File for Compensation?

    To be eligible for this program, your claim of sexual abuse must be directed against a priest of any of the Dioceses listed above.

    • You may be eligible to file a claim with the Independent Compensation Program if you were sexually abused as a minor by any such priest.
    • If you are a victim represented by a lawyer, your attorney many file on your behalf.
    • In the case of a victim who is currently a minor, a parent or legal guardian of the victim may file a claim.
    • In the case of a legally incapacitated or incompetent victim, a claim may be filed by the victim’s duly appointed legal representative.

    When Will the Program Begin?

    The administrators of the Independent Compensation Program and the Dioceses are working together to determine a feasible start date for the program. It is anticipated that the program will begin in September of 2019.

    What About New Claims Not Previously Submitted to the Dioceses?

    If you have a new claim that has not been previously reported to the Dioceses or to law enforcement, you must register on the Independent Compensation Program’s website to be eligible for participation. Once you have registered with the program, you must file a claim of abuse in writing with the appropriate law enforcement agency and submit a copy of the report to the administrators of the Independent Compensation Program. A finding of criminal liability is not a requirement for participation in the program.

    Why You Need a Lawyer

    Accepting compensation from the Independent Compensation Program means surrendering your rights to file a lawsuit against any party relating to the sexual abuse. We advise against forfeiting this right without first speaking with an experienced attorney. Our Santa Anta lawyers can help ensure all your filing deadlines are met, all the paperwork is in order, and the compensation you receive is just and fair.

    Contact Us Today

    Our experienced Orange County personal injury lawyers have a history of success for our clients. Call us as soon as possible for sound legal guidance and dedicated representation in an Independent Compensation Program claim.