Liability Claims Lawyer in Los Angeles
If you or a loved one have been the victim of personal injury due to product liability, insurance bad faith, catastrophic injury, car accident, wrongful death due to negligence, or wrongful termination, then you should seek out a liability claim attorney right away.
The liability claim lawyers at Colby Law Firm are ready to help you fight for rightful compensation while seeking punitive damages from the wrongful party. We won’t let bad faith employers or insurance companies dismiss your insurance claim or wrongful death claim.
We understand that filing an injury claim isn’t just about money; it’s also about relieving you and your family of the emotional distress that the injury has caused. Our dedicated team is well-versed in liability law, and is ready to give your claim the attention it rightly deserves. You need a claims lawyer in Los Angeles you can trust. You need Colby Law Firm.
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- Harassment (Gov’t Code § 12940(j))
- Failure to Provide Reasonable Accommodation (Gov’t Code § 12940(m))
- Retaliation for Workplace Safety Complaints (Labor Code § 6310)
- Wrongful Termination (Violation of Public Policy Tort)
- Retaliation for Requesting Accommodation (Gov’t Code § 12940(m))
- Failure to Pay Commission and/or Bonus Wages (Labor Code §§ 200, 201, 202, 218, 1198; IWC Wage Order)
- Discrimination (Gov’t Code § 12940(a))
- Discrimination (Gov’t Code § 12940(a))
- Discrimination and/or Retaliation based on Pregnancy (Gov’t Code § 12945(a))
- Failure to Provide Meal Breaks (Labor Code §§ 226.7 and 512; IWC Wage Order)
- Retaliation for Harassment and/or Discrimination Complaints (Gov’t Code § 12940(h))
- Failure to Provide CFRA Leave (Gov’t Code § 12945.2(k))
- Failure to Authorize and Permit Rest Breaks (Labor Code § 226.7; IWC Wage Order)
- Retaliation for Using CFRA Leave (Gov’t Code § 12945.2(q))
- Failure to Pay Wages Owed Timely (Labor Code §§ 201-203)
- Failure to Prevent Harassment and/or Discrimination (Gov’t Code § 12940(k))
- Retaliation for Using Paid Sick Leave (Labor Code § 246.5(c))
- Failure to Engage in Interactive Process (Gov’t Code § 12940(n))
- Failure to Reimburse Necessary Expenses (Labor Code § 2802)
- Retaliation for Refusing and/or Complaining about Illegal Conduct (Labor Code § 1102.5)
- Failure to Produce Personnel File (Labor Code 1198.5)
Statute of Limitations
Breach of a Written Contract. Four years from the date the contract is breached. Code of Civil Procedure § 337.
Discrimination, Harassment or Retaliation Statutory Claims. Claims must be filed with the DFEH within three years of the date of the discrimination or harassment. Government Code § 12960 (a).
Fraud or Mistake. Three years from the date of the harm. Code of Civil Procedure § 338(d).
Libel or Slander. One year from the date the defamatory statement is made. Code of Civil Procedure § 340.
PAGA Claims. One year from the date of the violation. Code of Civil Procedure § 340; Labor Code §§ 2698-2699.5.
Personal Injury. Two years from the date of the injury. Code of Civil Procedure § 335.1.
Statutory Penalties. Typically one year from the date of the violation. Code of Civil Procedure § 340(a).
Unfair Competition. Four years from the date the harm or wrongdoing occurred. Business and Professions Code § 17208.
Unpaid Wages. Three years from the date the wages were owed. Code of Civil Procedure § 338(a)
Separation Agreements, such as severance and release agreements, typically provide for a general waiver and release of claims by the employee in favor of the employer, in exchange for a payment.
Separation Agreements do not always prevent former employees from asserting their legal rights. There are limits to the enforceability of certain parts of separation agreements.
Employers must provide something of value that they do not already owe to the employee – referred to as “legal consideration” — for the overall agreement to be enforceable; an employer cannot simply promise to pay owed wages or vacation (or nothing at all) to support the agreement. Civil Code §§ 1605-1615.
Claims for wages owed without any good faith dispute cannot be released or waived. Labor Code § 206.5.
Claims for unreimbursed businesses expenses cannot be released or waived. Labor Code §§ 2802, 2804.
Claims for unemployment insurance compensation cannot be released or waived. Unemployment Insurance Code § 1342.
Claims for workers’ compensation insurance benefits cannot be released or waived. Labor Code § 5001.
Any provision in a separation agreement (or in an employment, arbitration, or settlement agreement) that prevents a party from disclosing or testifying about the facts relating to workplace harassment, discrimination, or retaliation is prohibited and invalid (however, it is permitted to have a provision that keeps confidential the amount paid in settlement of a claim).
Civil Code § 1001 states: “(a) Notwithstanding any other law, a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding any of the following, is prohibited: (1) An act of sexual assault that is not governed by subdivision (a) of Section 1002. (2) An act of sexual harassment, as defined in Section 51.9 of the Civil Code. (3) An act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing harassment or discrimination, as described in subdivisions (a), (h), (i), (j), and (k) of Section 12940 of the Government Code. […] (c) Notwithstanding subdivisions (a) and (b), a provision that shields the identity of the claimant and all facts that could lead to the discovery of the claimant’s identity, including pleadings filed in court, may be included within a settlement agreement at the request of the claimant. […] (d) Except as authorized by subdivision (c), a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to the claim described in subdivision (a) that is entered into on or after January 1, 2019, is void as a matter of law and against public policy. (e) This section does not prohibit the entry or enforcement of a provision in any agreement that precludes the disclosure of the amount paid in settlement of a claim. (f) In determining the factual foundation of a cause of action for civil damages under subdivision (a), a court may consider the pleadings and other papers in the record, or any other findings of the court. (g) The amendments made to subparagraphs (3) and (4) of subdivision (a) by Senate Bill 331 … apply only to agreements entered into on or after January 1, 2022. All other amendments made to this section by Senate Bill 331 … shall not be construed as substantive changes, but instead as merely clarifying existing law.”
Venue for Addressing Disputes
Many claims are asserted and resolved without filing a claim in an administrative agency, court, or arbitration. Employees and/or their lawyers assert claims informally and usually confidentially to their current or former employers, and the parties reach a settlement without having to file a lawsuit.
Mediation a voluntary settlement negotiation, but instead of between the parties directly, it is through a private, neutral person known as a “mediator.” The mediator is selected by mutual agreement of the parties. The mediation process is not binding, meaning that the mediator does not decide the dispute but instead merely facilitates a negotiation between the parties. Mediation is an option before or after filing a claim.
The federal government and the State of California have administrative agencies tasks with enforcing employment laws. Anti-discrimination, harassment, and retaliation laws are enforced by the federal EEOC and California DFEH; wage-and-hour laws are enforced by the federal Department of Labor and California Labor Commissioner. Agencies are available to investigate and resolve claims, but workers who have lawyers often opt for litigation to resolve disputes.
Federal and state courts are the venue for employment lawsuits. Litigation starts with the filing of a lawsuit, and includes discovery to gather evidence and “motions” by the parties based on legal arguments, and ends with a jury or bench trial unless the case settles first.
Arbitration is similar to litigation except that instead of in federal or state court, it is before a private, neutral decision-maker (usually a retired judge), who is paid by the company. It is the same as court in that the decision is binding. Companies generally prefer arbitration because it prevents employees from filing “class” or group claims and because the case is not heard and decided by a jury.
Class action lawsuits are that are filed on behalf of a group of employees based on a common set of facts and allegations. It is often in the wage-and-hour context challenging time, break, expense, and pay practices. Private Attorney General Act (PAGA) claims are when an employee may step into the shoes of the State of California to enforce Labor Code provisions on a group basis.
Frequently Asked Questions
What Is a Liability Claim?
Liability claims occur when an insured party is subject to allegations from a third party that they are responsible for some form of damage or loss. Typically, the insured party reaches out to their insurance company for help with handling the claim, which often comes in the form of financial assistance. Liability claims are usually filed when an action taken by the insured party causes physical or financial injury to a third party. For example, a contractor may face a liability claim if they damage an expensive antique while remodeling a client’s home.
What Do I Have to Do Before Suing a Public Entity?
To prove wrongful termination occurred based on things such as race, gender, or pregnancy for example. Proof is needed, such as a personnel file related to when you clocked in/out, performance reviews, emails, and statements from colleagues/supervisors which can help disprove an employer’s claim that you were fired for performance-related issues. Employers may say they fired you because of misconduct, poor performance, or consistent absences from the workplace. If none of these reasons are true you need to work with an unlawful termination lawyer to provide proof for your case and advise on the best type of proof.
Can a Liability Claim Have Multiple Defendants?
Wrongful termination qualifies when an employer fires you in any way that violates the company’s policies, and without a legal cause or without proper notice. Examples include: Whistleblowing: An employee reports their employer for breaking the law. Discrimination related to age, race, gender, national origin, or sexual preference. Public Policy Violations: if you refuse any order from an employer to break the law. Taking Family Medical Leave Mass Layoffs without providing appropriate notice. These are not the only instances that qualify as wrongful termination in Los Angeles. Wrongful Termination lawyers from Colby Law Firm can help determine if your firing was illegal.
What Is Comparative Negligence?
This depends on a large range of factors, including the nature of your wrongful termination and the role you served in. Compensation can range from several thousand dollars to several million. According to NOLO, those who file claims without the help of lawyers have only a 30% chance of winning their cases. Those who hire an appropriate legal professional see this possibility rise to 64%. In all cases, having an experienced lawyer by your side at the cost of Contingency fees, hourly pay, or combination structures increases the chances of winning your case and usually results in receiving more compensation.
What Is a Notice of Claim?
For almost everyone it is difficult to understand how to handle workplace harassment. Your first action is to be certain that you understand what workplace harassment is. In its simplest form, harassment in the workplace is any kind of verbal or physical pestering or tormenting that targets your gender, religion, or race. It leaves you feeling demeaned, worried, scared or ashamed. Harassment in the workplace is not appropriate and it’s against the law. If you feel that you have been harassed, it’s very important to write down in as much detail as you can what happened as quickly after the harassment occurred as possible. This is when the details will still be fresh in your mind. Also, if anybody at work witnessed the harassment, reach out to them quietly and ask if they can write down what they saw. Step two is to seek legal help if you feel you have been harassed in the workplace. Colby Law Firm knows that workplace harassment can cause a person to feel intimidated, which is why you need us on your side. It isn’t just about the harassment. Being harassed in the workplace can be a shock to the system, causing emotional distress to yourself and to those around you. Don’t try to “go it alone”. Although California laws protect employees, if you bring a claim without legal representation, it will likely be you against your employers’ team of attorneys.