Personal Injury Blog


4 Examples of False Advertising

Thursday, November 09, 2017

Are you the victim of false advertising practices? False advertising is when a company makes claims about a product that is untrue. You probably need a consumer rights attorney. Here are a few different kinds of false advertising.

Misleading Claims

Advertisements that give misleading claims about a product are one example of false advertising. This includes exaggerated claims that are not true, such as claims about the effectiveness of a weight loss supplement. Sometimes, advertisers will make exaggerated claims and then hide disclaimers in the small print at the bottom or in the terms and conditions that nobody reads.

Failure to Disclose

This is similar to misleading claims. If there are certain aspects of a product that might cause a consumer not to buy it, the advertiser should disclose them. The same goes for any limitations the product has.

Bait and Switch

Bait and switch scams are when an advertisement promises one thing, but another thing is actually offered. For example, a car dealership might promise discount rates, but when you get there, you're told that no discount cars are available and you are pressured to buy an expensive car. The same goes for airlines that promise low fees and then hit you with extra expenses.

Trial Scams

A trial scam offers you a free trial of a product or service for a certain period of time, only to charge your credit card with undisclosed fees. A similar scam would be an offer to try something out for just $1, only to charge your credit card for additional add-on products. These extra fees may be charged right away, or they may be in the form of a renewing subscription fee after 30 days.

If you've been the victim of false advertising, contact us today for legal help!

New Rule Makes Class Actions against Banks and Other Financial Institutions Easier

Thursday, November 02, 2017

Fortune Magazine notes that the Consumer Financial Protection Bureau has issued a new rule that will make it easier to launch class-action suits against banks and other financial institutions that issue credit cards. The new rule prohibits credit card issuers from including arbitration clauses in consumer contracts. The effect of these clauses was that consumers who believed they had been wronged by a bank or other financial institution would have to submit to an arbitration process rather than start or join in a class action. Most people who believed that they had been ripped off by a credit card company do not bother to go through the cumbersome process.

One extreme example of how a bank can abuse its customers was a practice followed by Wells Fargo that involved setting up accounts and charging fees to customers who did not ask for them or need them. In some cases, peoples’ credit ratings were severely impacted. Under pressure from Congress and the regulators, Wells Fargo eventually agreed to stop the practice and pay out $142 million in a class-action settlement.

The new rule means that all banks and other institutions will be subject to class actions when they decide to misbehave. In the old system, they might have to pay a few hundred here and a few thousand there to consumers who bothered with the arbitration process. Now, a class action of hundreds or even thousands of outraged customers would have the potential to cost credit card issuers dearly. The prospect may provide an incentive for these institutions not to be abusive. 

For more information contact us.

What Are Your Responsibilities During a Personal injury Claim?

Thursday, October 12, 2017

On TV, lawsuits often look much simpler when watered down and compacted for a couple minutes of screen time, but that is not the case. If you have been hurt due to the action or inaction of another, your personal injury claim will involve much more time and paperwork than you might be conditioned to expect. Luckily, a skilled attorney can handle much of that. However, the client does also have some responsibilities when it comes to filing a personal injury claim.

The first and most important responsibility of the client is to communicate with their attorney this can be something as easy as calling them up or even sending them a message on Facebook these days. You should never keep secrets from your attorney if you think that bit of information is pertinent to your case. In order to best represent you, they need access to every last drop of information that they can use. Furthermore, you shouldn’t be afraid to ask them questions either just so you can be absolutely clear as to what is going on with your case.

The second responsibility of the client, and almost as important as communicating with your lawyer is to keep them informed and gather documentation. They can help keep you on task by sending you a message, but you should keep organized all your trips to the doctor and medical expenses just so they can get an accurate idea of the extent of your injuries and how much you need to cover them. If your injuries worsen, they need to know about that as well since it can affect the amount of compensation you need to get.

By keeping true with these responsibilities, you will be well on your way to a successful case. If you were hurt and wish to pursue compensation, contact us today.

Class Actions: The Whos, Whens and Whys

Thursday, October 05, 2017

There are few tools that an individual has to protect themselves against unfair practices and treatments of Employers or Companies, one of the most effective means being class actions. We wanted to take a moment to express when, why and by whom a class action suit gets filed.

Class actions often entitle a person harmed either physically or emotionally by a corporation to receive a monetary settlement for their troubling experience. Someone without the financial security themselves to justify the time and money spent in obtaining legal representation, filing a suit or the court costs associated with such, greatly benefits by aligning with others who have been similarly wronged. 

If a customer purchases a product based on advertising that is either misleading or an outright lie, the individual often sees little benefit in the expense of the resources necessary to achieve compensation for this infraction. Though with the thousands of other dissatisfied consumers made to believe untruths about the product, then such a lawsuit could force the company to pay back any profits resulting from the campaign in question, as well as retracting the invalid marketing. 

Another instance of a suit-worthy offense would be an employer who failed to provide safe working conditions, or who engaged in unequal payment on basis of discrimination. Again, a court could find the company exhibiting the questionable behaviors subsequently penalized and the affected parties granted certain concessions. 

If you feel that an employer or company has disregarded your rights, we invite you to read more! Remember: You have rights, and your rights are important. 

Supreme Court Ruling Could Make Some Class Actions More Difficult

Thursday, September 14, 2017

According to a recent article in the Washington Post, the Supreme Court has made a ruling that will tighten the rules on filing class action lawsuits. The case involved a civil action brought against Bristol-Myers Squibb that was brought by hundreds of plaintiff who claim that they were damaged by a blood thinner medication called Plavix. They claim that the company misrepresented the danger of strokes for those taking the drug. The suit was filed in a court in California, which proved to be a sticking point for eight out of the nine justices.

The Supreme Court ruled that the out-of-state plaintiffs had failed to prove that a connection existed between their alleged injuries and Bristol-Myers Squibb in California, in essence dismissing almost 600 out-of-state plaintiffs who live outside the state. Eighty-nine plaintiffs who live in California remain a party to the class action.

The reasoning behind the ruling is that none of the out-of-state plaintiffs bought, ingested, or were allegedly harmed by Plavix in California. Therefore a California state court does not have jurisdiction to rule on their cases. The plaintiffs will have to sue the company in their states of residence.

Justice Sonia Sotomayor provided the sole dissent to the ruling. She suggested that the Supreme Court’s decision will make it more difficult for a nationwide class action to be put together in a particular state court. As a result, lawsuits will have to be conducted piecemeal. The ruling leaves open two questions. What kind of connection has to exist between the claim and the place the class action is filed? Can a class action be filed in a court with jurisdiction over every member of the class?

For more information contact us.

Employment Law: What Can You Do If you Are Terminated Unlawfully?

Thursday, September 07, 2017

Many people feel that they don’t deserve to lose their jobs and some times they are right. If you feel discriminated against due to your race, age, pregnancy, or something else, you may have a case. If you were let go even though you had a contract in place, you may also have a case, though there are many different reasons why you may feel wrongfully terminated.

So, what can you do if you feel this way?

First, you need to get everything together. Make sure that you have your pay stubs as well as the information you got when you were hired and terminated. Then, write down everything that happened with your termination. It is also helpful if you can get witnesses and statements from witnesses, including the person who fired you!

Then, you need to seek the advice of a lawyer who specializes in employment lawA lawyer will listen to you and see if you have a case. If you do, he or she will help you through the entire process, making sure that you have all of the information that you need and that you are ready to go to trial, though hopefully, they will just settle.

Remember that you are a very special person. It can be hard to go through an unlawful termination case. Harsh things may be said in court and it is important to have support through this time. Keep your chin up and you will get through the case just fine!

As soon as you believe that you are unlawfully terminated, you need to get ready to sue your old boss. Start by collecting paperwork together and see a good lawyer who specializes in these types of cases. He or she will be a great help to get you through this difficult time!

Contact us for all of your legal needs. 

Employment Law: Have I been Terminated Unlawfully?

Thursday, August 10, 2017

Employment law often deals with unlawful termination. However, most people don’t really understand the term. They may think that just because they were fired, they were unlawfully terminated but that is not usually the case.

So, have I been unlawfully terminated? Here are some reasons where you might want to look into legal action.

If you are forced to quit, that may mean that you are unlawfully terminated. It is illegal to make employees quit so if you feel like you were not given any chance, you may want to see a lawyer.

If you feel like you have been discriminated because of your gender, race, nationality, and fired, you may have been unlawfully terminated. You may also fight if you think that you have been terminated due to your religion, age, disability, or even pregnancy.

If you have a contract and get fired before your contract is up, you might want to ask a lawyer if you have grounds for a lawsuit. Besides being unlawfully terminated, you may also be able to look into a breach of contract lawsuit.

You can’t be fired if you are taking leave. Many people take unpaid leave, for medical reasons, and they can’t be fired for it. People who are in the military or those who get jury duty need to have a job to come back to when they are finished.

Many people get unlawfully terminated. Whether you are forced to quit or you lose your job while you are taking leave to take care of your sick child, you may have a case against your job. Anytime you feel discriminated against, you also should seek legal assistance.

Contact us for all of your legal needs.

The Top Benefits of Hiring a Personal Injury Attorney

Thursday, August 03, 2017

After being injured in a car accident, there will be a lot for you to take care of. From doctor's visits to dealing with insurance companies to filing a police report, everything that must be taken care of can quickly become overwhelming. You may then want to consider hiring a personal injury attorney to help you through this difficult time. If you have been injured in an auto accident, here are just a few of the reasons to consider consulting an attorney.

An Attorney is Familiar with the Legal Process

A personal injury attorney is going to have a great deal of experience handling claims similar to yours and will know what this process entails. If you attempted to go through this process alone, you may overlook something that could inadvertently hurt your case. Furthermore, you may quickly find yourself overwhelmed by the complex paperwork and legal language. An attorney will be able to handle this process for you and will make sure that everything is taken care of properly.

An Attorney Can Help Evaluate Your Claim

When individuals attempt to handle their personal injury claim on their own, they often undervalue their injuries and accept compensation lower than what is owed to them. A personal injury attorney will have experience assessing these claims and will be able to properly determine what your claim is worth by taking into account the severity of your injuries, damage to your personal property, and anytime you had to take off of work.

Your Attorney Is on Your Side

Hiring an attorney is the only way to ensure that there is someone on your side who is working for you. At the end of the day, insurance companies are out to protect themselves and will try to close your case as quickly and painlessly as possible, even if this means that you do not receive proper compensation. An attorney will work tirelessly to make sure that this does not happen and that you are taken care of properly.

After being injured in a car accident, hiring a personal injury lawyer will ensure that you are taken care of; contact us to learn more about the reasons why you should hire a personal injury attorney to help you through this difficult time.

Consumer Rights: A New Tenants' Rights Law Showcases California's Commitment to Its Consumers

Thursday, July 13, 2017

California continues to shine as a model of consumer protection, especially in terms of rules targeting the landlord-tenant relationship. This article focuses on a specific aspect of consumer rights, the rights of California tenants, following a new law effective January 1, 2017.

Assembly Bill 551, entitled "Rental property: bed bugs", clarifies the landlord's ongoing duty to provide a building fit for human occupation. The law now specifically prohibits a landlord from showing, renting, or leasing a vacant unit when the landlord is aware of a bed bug infestation adversely impacting that unit.

In addition, the new law places a duty on California landlords to provide a certain bed-bug related notice to tenants. As of July 1, 2017, the landlord must deliver the notice to the prospective tenant before creating the new lease. As of January 1, 2018, the landlord must provide the same notice to all tenants. The law details the language mandated with respect to the notice. In essence, that notice must include each of the following:

  • a detailed description of bed bugs, to better enable the tenant to identify such pests;
  • a detailed overview of the life cycle and reproduction habits of bed bugs; and,
  • details regarding the common signs and symptoms of a possible bed bug infestation, including what to look for on the linen and the appearance/effects of bed bug bites.

As a tenant, realize the landlord's bed-bug duties activate only following awareness of a possible infestation. Therefore, if you witness such an infestation, you must alert the landlord. "Paper trails" —notes written either during or soon after transactions— minimize confusion as regards who said what to whom when. The wise tenant not only promptly notifies the landlord, but also keeps all related notes in a single receptacle, such as a notebook. Those notes will likely prove quite valuable if your landlord ignores your alert.

Contact us if you confront a dilemma with your landlord. Our attorneys stand ready to assist in protecting your rights.

NCAA and MIAA Facing Class Action Lawsuits Over Handling of Concussions

Thursday, July 06, 2017

Zack Langston was a Pittsburg State College football player who committed suicide in 2014. His family is now filing a class action lawsuit against the NCAA for its mishandling of concussions suffered by players. Zack suffered over one hundred concussions, which are attributed to causing his death. The concussions caused him to suffer memory loss, depression and paranoia. The lawsuit also accuses the Mid-America Intercollegiate Athletics Association for negligence on its part of dealing with the issue of concussions.

Zack’s brain was examined by the Boston University’s Center for Study of Traumatic Encephalopathy after his death and was found to have the same level of chronic traumatic encephalopathy, a type of brain damage, as Junior Seau, an NFL player who also committed suicide.

According to the lawsuit, the NCAA and the MIAA both knew about the potential brain damage that can occur as a result of multiple concussions but failed to do anything to protect their players or change their rules and regulations. According to the lawsuit, both organizations recklessly ignored the dangers in order to protect the profitable business of amateur college football.

The class action lawsuit was filed in the United States District Court in Kansas City, Kansas. It seeks unspecified punitive and compensatory damages for the past, present and future medical expenses; lost time, interest and future earnings; and other damages without limitation.

The NCAA is facing at least 43 other class action lawsuits relating to its handling of concussions. One case led to a federal judge giving preliminary approval for a $75 million settlement.

For more information on class action lawsuits and for legal help, contact us today.