This pertinent part of tort law applies to all those instances when someone’s mind, body or emotions have been injured. These injuries can vary from being minor to severe and can effect people’s lives differently from causing some inconvenience or distress to being career-ending or even life-ending for many innocent and unsuspecting people who are often injured due to intentional, unintentional and negligent acts of others. Whether someone is injured on a property of another because of a present dangerous condition or because of a range of other factors resulting in personal injury, it is essential for the liable party or parties to be held responsible and accountable for the agony and hardship that they have imposed onto others. Personal injury actions serve the dual purpose of making the victims’ lives whole as well as to deter individuals and businesses from acting in an unsafe and irresponsible manner. Have you been injured in a car accident, bitten by an animal, attacked or injured on someone else’s property or otherwise, suffered an injury at the fault of another? If so, contact G&A for a free consultation and find out how we can help. Despite being one of the more common and recognizable fields of law, personal injury law is an essential part of our society. This field is both complicated and rapidly evolving, requiring serious dedication and expertise from practicing attorneys. We understand the hardship and headache that comes from an unexpected injury, especially when it was someone else’s fault. Very often these unexpected injuries introduce new set of problems into the lives of innocent individuals that they are otherwise unprepared to deal with. The high cost of necessitated healthcare (especially severe when a person has limited or no health insurance), inability to effectively perform professional or personal responsibilities and other life-changing problems require solutions that may have life-long consequences. G&A has the tools and expertise to help you get back on your feet and make your life whole again. With a combined experience of over two decades, we work tirelessly to get our clients the fairest financial compensation they are entitled to and provide them with maximum support throughout their tough times. We have a first-hand knowledge and understand that in addition to the obvious bodily injury aspect, such injuries often create a number of other problems that can have tremendous negative impact on a victim’s life. Some of the most common problems associated with personal injury include missing work (lost wages/income), property damage (ex. car, phone or to other property that you rely on). The two major components of all personal injury matters are the issues of Liability and Damages. Depending on the type of the incident and resulting injuries suffered, showing liability and an accurate assessment of sustained damages can require from little to considerable work and often require the testimony from various retained experts such as engineers, physicians, CPAs and other highly regarded professionals. These professionals, often leaders in their field, are best equipped to analyze and assess all the factors that caused the injury as well as the degree of injuries sustained and account for all the past and future losses of a plaintiff. G&A relies on its experience, resources and vast network of professionals on every step of the way to resolution. G&A can advise and assist you in recovering from your injuries, help restore your belongings and use its experience and resources to make your life whole again. Regardless of the level of injury, we give every single personal injury matter the attention and dedication the innocent victim deserves. Certain types of cases, such as auto-accidents, are often settled in the pre-litigation stage and some, such as premises liability, tend to go into litigation and often are resolved at trial. At G&A, regardless of the type of the personal injury matter and which G&A department is handling your case at a given moment, our team operates under the assumption that the matter will be followed through to reaching a trial verdict. Accordingly, no shortcuts are taken and no compromises are made in anticipation of a pending resolution. This model helps us in reaching the most optimal result for our clients and allows us to do what we love, litigate.
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. When individuals are harmed by an unsafe product, they may have a Cause of Action against the persons who designed, manufactured, sold, or furnished that product. In the United States, some consumers have hailed the rapid growth of product liability litigation as an effective tool for Consumer Protection. There are many products that have caused major injuries in recent years:
If you have suffered an injury from use of one of these products, you may be entitled to restitution. Contact us for a free consultation and to find out if you have a case. It’s important to note that you want to prevent an accident before it happens, so if you have any questions about a product and its safety, please check the Consumer Products Safety Commission. It’s always best to prevent as accident before it happens.
“Lemon Law” is similar to product liability in that the cause of the problem is a defective product. However, there are significant differences between these two practice areas. Where products liability cases typically involve a personal injury aspect and the awards sought during litigation often include claims for pain and suffering, Lemon Law cases usually concern defective vehicles only. There are instances, where the owners or passengers of vehicles with documented history of defect(s) ultimately suffer injuries resulting from such defects. In these situations your attorney may be able to choose to pursue the matter either as a products liability matter or a lemon law matter, although often times lemon law action may be preferred. Lemon Law requires manufacturers to replace or buy back defective vehicles sold to consumers. The law also requires manufactures to take responsibility for consequential damages and compensate consumers for incidental expenses associated with and resulting from their ownership of these defective vehicles. Lemon law specifically provides for reasonable attorneys fees, which often means that consumers will not have to pay anything to their attorneys. We can hardly do without our cars, especially here in California, so when you get a lemon, after paying SO MUCH, it affects your whole life. Generally, if the car has been repaired three to four (or more) times for the same defect within the Warranty Period and the defect has not been fixed, the car may qualify as a Lemon. Note that the warranty period may or may not coincide with the Manufacturer’s Warranty. Your life doesn’t happen in just one place. Home, work and play, no matter which…you need your car to live up to the guarantees made by its manufacturer, go back and forth without compromising your safety, causing you undue hardship or embarrassment. So when your car isn’t functional because the manufacturer sold you a lemon, you need restitution and you need it fast. In fact, “Lemon Law” is so common that it is specially regulated by both State and Federal law. G&A has vast experience dealing with auto dealers and manufacturers. Our team will consult with you, help you to determine if your auto fits the criteria of a “lemon,” and if so, get right to work helping you to get a new car. Contact us today if you think you’ve been sold a lemon. Let G&A get you back in the driver’s seat.
A contract is a voluntary arrangement between two or more parties that is enforceable at law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. Contract law lies at the heart of our system of laws and serves as the foundation of our entire society. This is not an exaggeration. It is a simple observation – one that too often goes unobserved. Our society depends upon free exchange in the marketplace at every level. Contract law makes this possible. Exchanges in the marketplace always depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements could never work without contract law. Contract law serves to make these agreements “enforceable”, which usually means that it allows one party to a contract to obtain money damages from the other party upon showing that the latter stands in breach. Without contract law these voluntary agreements would instantly become impractical and unworkable. A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. Minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound. A gentlemen’s agreement is one which is not intended to be legally enforceable, and which is “binding in honor only.” All businesses inherently deal with contracts, even if they are oral, as with many transactions involving goods or services. Since a contract is a legally binding agreement, and even an honest contractual mistake can cause serious problems, it is crucial that small business owners have at least a basic understanding of contract law. Contract Basics A written contract is a good idea even when writing is not required since it provides a clear record of the terms and the parties’ explicit acceptance of them. You can draft your own contract, though in more complicated transactions retaining an attorney can be a wise expense to guard your agreement and receive assistance identifying potential issues before they become problems. When one of the parties breaks the terms of an agreement this is called a “breach.” If the non-breaching party sues they can ask the court to “enforce” the contract. This may result in a court order for the breaching party to uphold their end of the contract or they might require payment for the breach if damages are determinable and more easily put the non-breaching party in a position to receive the benefit they sought in the contract. “Breach of Contract” and Lawsuits When a breach of contract occurs and one or both parties’ wish to have the contract enforced on its terms and attempts at informal resolution have failed the aggrieved party can file a lawsuit in the appropriate civil court. In some cases, parties will attempt mediation or arbitration before a lawsuit is filed. A party that is successful in mediation or court may be granted specific performance (an order commanding the breaching party to hold up their end of the agreement) or one of a number of different kinds of damages including:
Like all healthcare professions, pharmaceutical field is highly regulated through federal and state laws, regulations as well as pharmacy boards and other government entities. The rules governing pharmacy operations are very volatile and in the process of constant evolution. The fast pace of changes and modifications involved in this field are designed to protect consumers, advance responsible and cost effective healthcare as well as to accommodate the advancements and developments in science and technology. Every pharmacy and every pharmacist must stay abreast of changes in the regulatory environment to ensure safe and compliant practice. New laws that regulate the labeling, record keeping, and drugs handled by pharmacies are enacted regularly by every level of government. In most pharmacy practice situations, the question of “What is legal?” can be addressed by answering the question “What is best for the patient?” Pharmacists may not always know the law, but they usually will know what is best for the patient, and this knowledge is ordinarily sufficient. Pharmacy laws have been drafted to describe the best general approach to specific pharmacy practice situations. They provide guidance for pharmacists by establishing rules that reflect societal value choices. It is essential for pharmacists to know these rules and how to use them. Although pharmacy laws can describe basic practice requirements they cannot substitute for good professional judgment. Pharmacy law provides the rules, whereas government agencies interpret and apply them. Pharmacy laws provide the rules and structural framework for practicing pharmacy, within which pharmacists exercise strategy and good professional judgment. Laws are requirements for human conduct applicable to those within their jurisdiction, commanding what is right and prohibiting what is wrong. Law attempts to be flexible and yet at the same time provide a degree of certainty.
“Wrongful death” is defined as the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an intentional attack such as assault and/or battery, a death in the course of another crime, vehicle manslaughter, manslaughter, or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent while a minor, a wife would recover damages for loss of her husband’s love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).
