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Common Types of Personal Injury Cases and How Lawyers Handle Them

Life is unpredictable, and accidents can happen when you least expect them. When someone else’s negligence causes you harm, you have the right to seek justice and compensation for your injuries. Personal injury law encompasses a broad spectrum of incidents, each with its unique legal challenges and requirements. Understanding the common types of personal injury cases and how an experienced legal team like The Spencer Law Firm handles them can empower you to make informed decisions about your recovery.

Jeffery Spencer and the dedicated attorneys at The Spencer Law Firm have extensive experience representing clients across a wide array of personal injury claims, ensuring victims receive the skilled advocacy they need. Let’s explore some of these common cases and our approach to handling them.

Car Accidents: Auto accidents represent by far the most frequent type of personal injury claim. These collisions, involving cars, trucks, motorcycles, bicycles, or pedestrians, often result from negligence such as distracted driving, speeding, drunk driving, reckless behavior, or fatigued driving. The injuries sustained can range significantly, from whiplash and soft tissue damage to severe traumatic brain injuries, spinal cord damage, and tragically, even wrongful death.

At The Spencer Law Firm, our team springs into action with an immediate investigation, quickly gathering crucial evidence such as police reports, traffic camera footage, witness statements, and where necessary, engaging in accident reconstruction analysis. We meticulously ensure all injuries are thoroughly documented by medical professionals and collaborate with experts to accurately project future medical needs and costs. Handling all communication with aggressive insurance companies, we tirelessly negotiate for a fair settlement that comprehensively covers medical bills, lost wages, pain and suffering, and vehicle damage. Should a fair settlement prove elusive, we are fully prepared to litigate the case in court, presenting a robust argument on your behalf.

Slip and Fall Accidents (Premises Liability): These incidents occur when an individual is injured on another person’s property due to hazardous conditions that the property owner knew or should have known about and failed to address. This might involve wet floors without proper warning signs, uneven surfaces, inadequate lighting, icy walkways, or broken stairs. Such falls can lead to serious injuries including fractures, head trauma, and severe sprains.

Jeffery Spencer and his team focus intently on establishing the property owner’s negligence. This involves proving they had a duty of care, demonstrably breached that duty, and that this breach directly caused your injury. Our evidence collection for these cases often includes taking photographs of the specific hazard, interviewing witnesses, reviewing maintenance logs, and examining any available surveillance footage. We may even engage safety experts to testify about violated building codes or industry standards. The Spencer Law Firm provides aggressive advocacy, holding negligent property owners—whether individuals, businesses, or government entities—fully accountable for their failures.

Dog Bites and Animal Attacks: Dog bites can inflict significant physical and psychological trauma, particularly on children. The legal framework for dog bite liability varies by state; some jurisdictions impose strict liability on owners, meaning they are responsible regardless of prior aggressive behavior, while others follow a “one-bite rule,” where the owner is only liable if they previously knew or should have known their dog was dangerous.

At The Spencer Law Firm, Jeffery Spencer is deeply familiar with the specific animal liability laws relevant to your case. We thoroughly investigate the animal’s history, looking for any prior instances of aggression, previous incidents, or violations of local leash laws. Beyond the immediate physical injuries, we meticulously assess all damages, including emotional trauma, permanent scarring, and the potential need for psychological counseling. We work diligently to secure compensation from the dog owner’s homeowners’ insurance or directly from the owner, ensuring the victim’s recovery is comprehensively covered.

Product Liability: Product liability cases arise when a consumer is injured by a defective or dangerous product. This can stem from a manufacturing defect, where a specific item has a flaw; a design defect, indicating the product’s overall design is inherently unsafe; or inadequate warnings, signifying a failure to provide clear instructions or cautions about potential risks. Examples range from faulty car parts and dangerous medications to defective children’s toys and unsafe household appliances.

These are often complex cases requiring extensive research into product design, manufacturing processes, and safety testing protocols. Jeffery Spencer collaborates with engineers and other experts to precisely pinpoint the defect and establish a direct link between that defect and your injury. We are committed to taking on large corporations and manufacturers, demanding accountability for unsafe products. In situations involving numerous victims, we are also prepared to explore potential class-action lawsuits or mass tort litigation.

Wrongful Death: A wrongful death claim arises when an individual dies due to the negligence, recklessness, or intentional actions of another party. This tragic outcome could result from any of the aforementioned accidents—a fatal car crash, a deadly slip and fall, medical malpractice, or a catastrophic product failure. While no amount of money can ever truly replace a loved one, these claims aim to provide crucial financial relief to surviving family members for their profound losses.

Jeffery Spencer and The Spencer Law Firm approach these cases with profound sensitivity and empathy, understanding the immense grief involved. We meticulously calculate and seek compensation for funeral and burial expenses, medical bills incurred prior to death, lost future income and financial support, the irreplaceable loss of companionship, and the emotional suffering endured by surviving family members. We also assist families in navigating the often-complex legalities related to the deceased’s estate and the distribution of wrongful death settlements, tirelessly working to ensure justice is served for both the deceased and their family.

Your Ally in Personal Injury Claims: No matter the type of personal injury you’ve suffered, navigating the legal aftermath alone can be overwhelming. Insurance companies will invariably attempt to settle quickly and for the lowest possible amount. Jeffery Spencer and The Spencer Law Firm provide the crucial legal expertise, investigative resources, and tenacious advocacy required to protect your rights and ensure you receive the full and fair compensation you justly deserve.

If you or a loved one has been injured due to someone else’s negligence, do not hesitate to seek professional legal help. Contact The Spencer Law Firm today for a free, confidential consultation. Let us put our extensive experience to work for you.

How Personal Injury Lawyers Maximize Your Compensation

Experiencing a personal injury can turn your life upside down in an instant. Beyond the immediate physical pain and emotional distress, victims often face mounting medical bills, lost wages, and a significant disruption to their daily routines. In such challenging times, securing fair and maximum compensation is not just a desire; it’s a necessity for rebuilding your life. While you might be tempted to navigate the complexities of an insurance claim on your own, partnering with a seasoned personal injury lawyer like Jeffery Spencer at The Spencer Law Firm can make a profound difference in the outcome of your case.

A personal injury lawyer doesn’t just represent you; they become your advocate, your guide, and your relentless fighter against powerful insurance companies whose primary goal is often to minimize payouts. Jeffery Spencer and his team work tirelessly to maximize your compensation through several critical avenues, beginning with a thorough and expert evaluation of your case.

One of the first and most critical steps The Spencer Law Firm undertakes is a meticulous investigation into every detail of your incident. Many victims underestimate the true value of their claim, often focusing only on immediate medical expenses. Our approach involves diligently gathering all pertinent documentation, which typically includes police reports, detailed witness statements, comprehensive medical records, photographs of the accident scene and your injuries, and any available surveillance footage. Furthermore, a comprehensive investigation can uncover multiple parties whose negligence contributed to your injury, thus expanding the potential sources of compensation. Beyond current bills, Jeffery Spencer meticulously assesses the long-term impact of your injury, considering future medical treatments, ongoing therapy needs, potential lost earning capacity, and how your overall quality of life will be affected for years to come. Without this expert, detailed investigation, crucial evidence might be overlooked, and potential avenues for compensation could be missed, severely limiting your recovery.

Maximizing compensation also means accurately calculating all forms of losses, both economic and non-economic, a task at which The Spencer Law Firm excels. Economic damages encompass quantifiable losses with a specific monetary value, such as past and future medical expenses for hospital stays, doctor visits, medication, physical therapy, and assistive devices. They also include lost wages from your inability to work, the loss of earning capacity—which accounts for future income you might lose due to permanent injury or disability—and the cost to repair or replace damaged property, along with various out-of-pocket expenses like travel to appointments or necessary home modifications. Beyond these, non-economic damages are subjective but crucial for fair compensation. These account for your pain and suffering, encompassing physical discomfort and emotional distress; mental anguish, which includes anxiety, depression, or PTSD; and the loss of enjoyment of life, reflecting your inability to participate in hobbies or activities you once loved. In rare instances where the at-fault party’s conduct was particularly egregious or reckless, punitive damages may also be sought to punish the wrongdoer and deter similar future actions. To support these comprehensive damage calculations, Jeffery Spencer and his team often collaborate with economists, medical experts, and vocational specialists, ensuring every aspect of your loss is robustly evidenced and correctly valued.

Perhaps the most underestimated role of a personal injury lawyer is their ability to negotiate effectively with insurance companies. These powerful entities employ adjusters and legal teams whose primary objective is to minimize payouts. They often make lowball offers, hoping victims will accept out of desperation or a lack of knowledge regarding the true value of their claim. Jeffery Spencer brings years of experience and a deep understanding of insurance company tactics to the negotiation table. He knows precisely how to counter lowball offers by presenting a meticulously documented demand letter backed by solid evidence and expert opinions, thereby demonstrating the true value of your claim. His legal knowledge and readiness to pursue litigation if necessary also serve as a powerful leverage point, as insurance adjusters are far more likely to offer a fair settlement when they realize they are dealing with an attorney who is fully prepared for court. Crucially, Jeffery Spencer ensures that you don’t inadvertently say or sign anything that could jeopardize your claim, protecting your rights throughout the process. The Spencer Law Firm’s reputation for thorough preparation and aggressive advocacy in negotiations significantly increases the likelihood of a favorable settlement without the need for a protracted trial.

While many personal injury cases do settle out of court, some inevitably require litigation to secure fair compensation. If negotiations fail, Jeffery Spencer and The Spencer Law Firm are fully prepared to take your case to trial, a readiness that itself is a powerful negotiating tool. In court, an experienced trial lawyer from our firm will effectively present evidence, call expert witnesses, and articulate your story compellingly to a jury. We will skillfully cross-examine opposing witnesses to challenge inconsistencies and undermine the defense’s arguments, while navigating all complex legal procedures, motions, filings, and courtroom protocols with expertise. Knowing that your lawyer is a formidable opponent in court empowers you and strengthens your position, often leading to better settlement offers even before a verdict.

Even after a settlement or verdict, the work isn’t over. You might face medical liens from healthcare providers or subrogation claims from your health insurance company that demand careful attention. Jeffery Spencer and his team at The Spencer Law Firm expertly handle these complex post-settlement negotiations, working to reduce the amounts owed, thereby maximizing the money that goes directly into your pocket. We understand the intricacies of these claims and diligently work to protect your financial recovery.

When you’re facing the aftermath of a personal injury, you need more than just legal advice; you need a dedicated advocate who will fight for every dollar you deserve. Jeffery Spencer and The Spencer Law Firm are committed to providing the highest level of legal representation, ensuring that you receive maximum compensation for your suffering, losses, and future needs. Don’t settle for less than you’re entitled to.

Contact The Spencer Law Firm today for a free, no-obligation consultation to discuss your personal injury claim. Let us help you navigate this challenging time and secure the justice and compensation you deserve.

Dominant Santa Ana Landlord Michael Harrah Trips in Original Mike’s Restaurant Lawsuit

Dominant Santa Ana Landlord Michael Harrah Trips in Original Mike’s Restaurant Lawsuit

Admirers and critics alike consider Michael Harrah, the Newport Beach real-estate developer who owns Original Mike’s Restaurant, one of Southern California’s most daring, colorful entrepreneurs. Harrah bought The Orange County Register headquarters in 2014 and this year attempted to lure Jeff Bezos’ $5 billion Amazon plant to Santa Ana. The 6-foot-6, thrill-seeking, white-bearded, Whittier native who would have you believe he’s worth north of $300 million and brags of owning “45 world-class corporations” is trying to erect Orange County’s largest edifice, the 493-foot-high One Broadway Plaza.

Though Harrah presents himself as a visionary, he must not have foreseen an oncoming courthouse mess. According to advancing lawsuits, including one  filed by former bartender Lahna Beasley, the businessman not only tolerated alleged rampant sexual harassment by Jose Orozco, a busboy he named Original Mike’s manager, but he also operated “a fraud” to mask his corporate liabilities, dodged IRS taxes with fake revenue reports and even shortchanged customers by lamely pouring rotgut liquor into expensive brand bottles.

Read entire article here

How to Enforce Your Employment Law Rights

How to Enforce Your Employment Law Rights

The U.S. Equal Employment Opportunity Commission (EEOC) reports that they received and investigated over 91,000 complaints in 2016. It is an unfortunate fact that many employers engage in unscrupulous and discriminatory practices against employees and potential hires. However, the EEOC, other government agencies and private law firms are the ones who proactively protect your employment rights.

The Equal Employment Opportunity Commission

The EEOC’s primary task is to enforce federal laws that prevent workplace discrimination. For example, the Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, gender, ethnicity, religion and national origin. The EEOC deals with HR personnel who engage in inappropriate screening, interviewing and recruiting practices. Employers are forbidden from asking any questions that may violate the civil rights of protected minorities. The Civil Rights Act prohibits retaliation against employees who file complaints or exercise their legal rights. The EEOC conducts investigations, mediates settlements, interpret laws, issues warnings and process discrimination claims.

The Department of Labor

The Department of Labor (DOL) promotes and protects the employed, the unemployed and potential hires. Their main job is to enforce laws related to wages, safety, workers’ compensation and unemployment insurance. This includes approximately 180 federal laws that protects office, except, agricultural, underage and migratory workers. To illustrate, the Fair Labor Standards Act (FLSA) contains the laws for weekly hours and overtime pay. The most important member of the DOL is the Occupational Safety and Health Administration (OSHA). They focus on unsafe and unhealthy policies, working conditions and employment environments.

The National Labor Relations Board

The NLRB works with the Department of Labor’s Office of Labor-Management Standards to deal with union reporting, disclosure and administration requirements. The federal NLRB is an independent agency that was created through the passing of the National Labor Relation Act (NLRA). The NLRB is tasked with protecting the rights of collective employees who are legally empowered to form a union and select their bargaining representative. The NLRB prevents unfair labor practices, investigate potential violations and facilitate settlements between parties. This sometimes requires class action lawsuits and professional employment lawyers.

Other federal agencies that protect employee’s rights include the U.S. Department of Justice’s Civil Rights Division and the Employee Benefits Security Administration (EBSA). Anyone whose rights are being violated by their employer, such as unpaid overtime and unlawful termination, are encouraged to contact an employment lawyer today.

Class Actions: The Whos, Whens and Whys

Class Actions: The Whos, Whens and Whys

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.

Employment Law – How To Substantiate Claims Of Employment Discrimination

While California and federal laws clearly list demographic groups likely subjected to workplace discrimination, demonstrating instances of workplace unfairness is a challenging task. Given that employment discrimination occurs in various forms against diverse groups of people, assessing whether you are the target of unjust treatment requires proper review and legal guidance. The Spencer Law Firm, established in San Clemente, California, provides free case evaluations based on the nature of discrimination reported to ensure that your rights remain protected under current employment laws.

The Importance of Concrete Documentation

If speaking to the coworker, supervisor, or manager who you feel discriminates against you does not halt unwanted treatment, it is practical to document instances in which you feel employment discrimination occurred. It is important that you clearly state that the behavior offends you and makes you uncomfortable given that you feel targeted or demeaned based on your background.

In employment discrimination lawsuits, companies are subject to evaluation based on how proactively they investigate and address employment discrimination. Filing a complaint with management and your employer’s human resources department regarding discriminatory treatment not only provides the company a reasonable opportunity to resolve the issue, but also creates a written record of future offenses and the company’s success or failure in addressing unfairness in the workplace.

If you lack direct documentation, circumstantial evidence comes into consideration, though extensive research is often required to substantiate a claim. Topics for research include demographics of company employees, violation of longstanding company policies relevant to fair treatment, and statistics indicating that individuals of your demographic are more likely subjected to employment discrimination than other groups. The Spencer Law Firm will assist in evaluating how circumstantial evidence plays should you face employment discrimination.

Adhering to Legal Regulations

Though you may possess direct documentation and circumstantial evidence of discriminatory treatment, such is not sufficient to bring a lawsuit to court. Federal law requires that you first present your claim to the U.S. Equal Employment Opportunity Commission, or EEOC. Upon receiving your claim, the agency contacts your employer in an attempt to remedy the discrimination you face. If, after further review, the agency deems your claims valid or substantiated, you receive written notification of your right to sue.

What to Do

Once you have extensively documented instances of employment discrimination to the best of your ability and complied with federal requirements through corresponding with the EEOC, you must seek advice from a qualified attorney. Along with years of experience, the team at the Spencer Law Firm prioritizes clients’ best interests, incorporating detailed attention to each case and a team-oriented work ethic to produce optimal outcomes. Even if you instinctively think that you are the target of employment discrimination and feel overwhelmed by the process of developing a claim, attorneys at the Spencer Law Firm aim to evaluate your situation and advise you of your next appropriate action, no matter how complex your problem presents itself. Contact the Spencer Law Firm today. First time consultations are always free.

Employment Laws That Protect Your Rights

The Equal Employment Opportunity Commission (EEOC) investigated 91,000 complaints in 2016. Over 65,000 of these complaints were closed because of a lack of reasonable cause. The EEOC does an excellent job protecting the rights of workers across the country, but budget and resource limitations mean that it’s sometimes necessary to retain an employment lawyer to defend your rights. Below introduces federal employment rights that some employers openly ignore and violate.

Anti-discrimination

Title VII of the Civil Rights Act prohibits discrimination against specific demographic groups. These include age, race, gender, religion, disability and national origin. Screening, hiring and employment decisions cannot be influenced by any of these protected statuses.  Some companies and HR managers hide their discriminatory actions through exaggerating problems, ignoring objective facts and unfairly treating certain people.

Harassment

Title VII of the Civil Rights Act prohibits harassment, but almost every state has its own laws regarding stalking and sexual harassment. For example, California’s Department of Fair Employment and Housing covers workplace harassment, but this state’s anti-harassment laws provide preferential treatment to employees. This is why victims of workplace bullying and harassment often have to seek the help of employment lawyers to deal with offensive and improper behavior.

Wage and Hour Laws

The Department of Labor oversees the Fair Labor Standards Act that guarantees the basic economic rights of workers. The federal minimum wage only applies if the state’s minimum wage is lower.  While the federal law does not require employers to pay staff for any time off, Californian state law requires that they are paid overtime regardless of whether their work was authorized or not.  This state actually entitles tipped employees to also earn the full minimum wage.

Termination

Almost all states define employment as being an at-will arrangement. This means that employees may be terminated for any reason at any time. Many unscrupulous employees illegally terminate employees for the wrong reasons, such as when a military or pregnant employee uses their FMLA leave rights. Construction and production companies sometimes terminate employees who are injured on the job performing dangerous tasks or working in unsafe conditions.

There also lesser known laws like the Age Discrimination in Employment Act (ADEA) and the Genetic Information Nondiscrimination Act (GINA). Contact us today for legal assistance if your employment rights have been or are being violated by your employer.

Employment Law & Workplace Discrimination: Know Your Rights

Under California employment law, employees have the right to discrimination-free work environments. In short, discrimination occurs when a person is treated unfairly because of his or her race, gender, sexual orientation, disability, age, religion, or nationality. But identifying employment discrimination isn’t always easy, as it can take many forms. If you are an employee and have been treated unfairly in the workplace, knowing your rights is the first step toward seeking justice.

Legally speaking, there are two basic types of workplace discrimination: disparate treatment and disparate impact. Disparate treatment happens when an employer acts in a way that is directly unfair to the employee. This might include demotion or termination based on the employee’s nationality, for example. In some cases, the employer might fail to give a promotion or raise to a qualified employee because of his or her sexual orientation or religion, which also qualifies as discrimination under California employment law. 

Disparate impact, on the other hand, is a more general term that refers to an action (usually a company policy) that is unfairly biased against an entire group of employees. If a company policy discriminates against pregnant women, for instance, it falls into this category. Other situations might include policies that prohibit clothing associated with a specific religion or policies that discriminate against a gender minority.

If you suffered discrimination in the workplace, now is the time to speak with a legal representative about your claim. At The Spencer Law Firm, you can work with an Orange County employment lawyer to seek compensation for your damages. Contact us for more information about employment law and your rights. 

Another Class Action Filed Against Wells Fargo

The hits keep on coming insofar as accusations of unethical and, likely, illegal behavior that went on at Wells Fargo. A class action lawsuit has been filed that potentially may involve hundreds of thousands of customers who were given auto insurance policies by the giant financial institution that they did not want or need, often without their knowledge, along with auto loans, according to Bloomberg.

Apparently, Wells Fargo either did not check or ignored the fact that customers who took out auto loans already had car insurance. The company tacked on collateral protection insurance policies to the auto loan bills. As many as 500,000 customers were forced to pay the premiums for these insurance policies even though they already carried their own policies. Moreover, 250,000 customers were driven into default for failure to pay premiums on policies they were not aware they had. Almost 25,000 people had their cars repossessed for failure to pay for the bogus policies.

The lawsuit claims that Wells Fargo received kickbacks from the insurance carrier, National General Holdings Corp. The insurance carrier is not named in the lawsuit.

Wells Fargo is scrambling to make things right, pledging to pay as much as $80 million to affected customers as well as extra money to those who lost their vehicles as “an expression of regret.” However, aside from monetary losses, the affected customers have likely taken a hit on their credit ratings that will be difficult to recover from and will have long-lasting deleterious effects on their finances. Wells Fargo may be paying out a lot more than $80 million.

The car insurance scandal comes on top of a separate class action brought by outraged customers who had checking and credit card accounts opened in their name without their knowledge or permission.

For more information contact us.

4 Things to Know About Unlawful Termination

Were you suddenly terminated from your job? Depending on your circumstances, you may be the victim of unlawful termination. Here are some tips and advice.

At-Will Employees

Most employees will not have a claim for wrongful termination against their former employer. This is because most workers are at-will employees. This means that their employer can hire and fire them at will. However, there are common exceptions to this, as you’ll see in the following paragraphs.

Breach of Contract

If there was a contract that guaranteed employment to you for a certain amount of time, then your termination would be illegal. This contract doesn’t have to be a written one. If you can prove that there was an implied or verbal contract, the courts may also deem the termination unlawful.

Breach of Good Faith

Sometimes, the courts will consider a termination wrongful if there was a breach of good faith. This is harder to prove, but it applies to certain situations. For example, if you were fired so that you can’t collect sales commissions, or you were fired a few days before retiring even though you’ve been a model employee for many years so that your employer wouldn’t have to pay for your retirement, that would likely be called wrongful termination.

Breach of Public Policy

There are certain reasons for which even at-will employees cannot be fired. This varies from state to state, but there are some that are universal. For example, if you were fired based on your sex, race, age, religion, etc (and in some places, your sexual orientation), that is illegal. Other breaches of public policy would be stuff such as being fired for taking off time to vote or in retaliation for reporting illegal activities.

For help with fighting an unlawful termination, contact us today!