800-818-1818
The Dominguez Firm provides the following answers to questions frequently encountered by our attorneys as we help people throughout Southern California with their personal injury or workers' compensation claims. If you have other questions or would like a consult on a particular legal matter, please call us at: 800-818-1818.
PERSONAL INJURY - FAQs
- First, seek immediate medical treatment. Call 911 or request someone to call for an ambulance, if necessary, and request for police to come to the scene to write a traffic collision report. Emergency personnel may arrive to the scene and may transport you to the closest hospital. If given the choice, opt for going to the emergency room to make sure you receive immediate medical attention. If pain or symptoms persist after your accident, do not hesitate to go to the hospital or your primary care physician for immediate attention.
- Second, if you are able, gather all necessary information about the parties involved in your accident, including gathering insurance information, driver’s licenses, and witness contact information. Take photographs of the scene, vehicles involved, and your injuries. If police arrive to the scene, do not admit fault to the police officer prior to our firm conducting a thorough investigation. Follow up with the police department and get a copy of the incident report, or if you are unable to do so, we are happy to get this information for you.
- Third, call us promptly for a free consultation regarding your accident and injury at 800-818-1818.
- If you have been injured in an accident, you need to consult a powerhouse law firm with experience in handling personal injury claims. Do not speak to anybody else about your case before speaking with an attorney, especially any representatives from the other party’s insurance company. The Dominguez Firm has over 30 years’ experience in handling and winning thousands of personal injury cases. For a free case consultation and evaluation, contact The Dominguez Firm at 800-818-1818.
- With our No-Recovery, No-Fee Promise, you do not pay anything upfront and only pay attorney’s fees if you win your case. This is what’s known as a contingency fee: Our contingency fee policy allows us to guarantee that our clients aren’t putting their own finances at risk and clients don’t ever have to pay out of pocket. Click here to learn more about our No-Recovery, No-Fee Promise.
- It is difficult to gauge the value of your case soon after your accident, as there are several factors that determine a case’s value, such as the severity of your injuries, the insurance liability limits of the at-fault party, the percentage of fault for involved parties, the pertinent insurance company’s evaluation policy, the defense law firm’s skill or lack thereof at trial, your law firm’s reputation for winning big trial verdicts, and many more factors. That is why it is important to contact us for a free consultation at 800-818-1818.
- Do not speak to any insurance adjuster or representative about your case until you have first spoken to us. This is because insurance adjusters may try to obtain information or a statement from you and use this information against you to devalue your claim. These individuals do not have your best interests at heart, they only care about the insurance company’s profits.
- In California, there is a two-year statute of limitations to personal injury claims for individuals 18 years of age and over. If a lawsuit is not filed within two years following your accident, your right to compensation for your claims may be lost. There are important exceptions to the two-year rule, such as claims for minors or claims against a governmental entity. A claim against a governmental entity must be filed within six (6) months of the incident, and then a lawsuit must be filed six (6) months after a rejection of the claim by the at-fault governmental agency. These nuances and exceptions could make or break your case, so it is imperative you contact an experienced attorney immediately for a free consultation at 800-818-1818.
- Everything related to your accident, including a Traffic Collision Report, photographs of the scene, vehicles, and/or injuries, insurance and contact information for all parties and witnesses involved, medical records and billing related to your treatment, and anything else related to your accident. If you do not have all this information, don’t fear. The Dominguez Firm is equipped with investigators and ample resources to collect all necessary information to ensure you have the strongest case possible.
Your recovery may be limited. Under California law (Proposition 213) a driver must hold valid automobile liability insurance. If you have been involved in an accident and you did not hold valid liability insurance coverage, your recovery may be limited to your “economic damages”. These include things like medical bills and damaged property. However, you may not be able to recover “non-economic damages.” These include things such as your pain and suffering, the inconvenience an accident causes, physical impairment and disfigurement, and other damages. Call us for a free consultation at 800-818-1818.
- If the person who caused your accident did not have valid liability insurance, you still may be able to recover under your own automobile insurance coverage through uninsured motorist coverage (UM) or underinsured motorist coverage (UIM). UM and UIM are optional coverages you purchase to protect you in the event a person causes an accident and is uninsured or underinsured. Importantly, there may be other responsible parties that a layperson may not be aware of, such as a car manufacturer defect or a governmental entity road design issue. That is why it is important to call us for a free consultation at 800-818-1818.
- California follows the comparative fault model, which means that the percentage of fault you might have in an accident will affect the amount you may recover, but even if you are partially at fault for an accident, you may still recover. For example, if you are found to be 25% at fault for an accident and the other driver is found to be 75% at fault, you are entitled to 75% of your damages. Call now for a free consultation at 800-818-1818.
- Again, this depends on several factors, such as how severe your injuries may be, how much medical care you need to heal, the amount of investigation and resources needed to strengthen your case, whether the at-fault insurance company plays fair, and many more factors. Some personal injury cases may resolve within one year. However, some personal injury cases take longer than one year to resolve if the case goes to litigation or trial.
- Likely not. It is rare that a personal injury case will go all the way to a jury trial, however the Dominguez Firm Trial Team is well equipped to try your case if a fair offer is not made before trial. The vast majority of personal injury cases settle out of court. Insurance companies know which law firms win big verdicts and which ones don’t. Thus, having a powerhouse law firm on your side is important to obtain the best resolution possible. Call us for a free consultation at 800-818-1818.
- You are entitled to recovery for your personal injuries due to another’s wrongdoings regardless of your immigration status. The Dominguez Firm prides itself on having helped countless victims, regardless of citizenship status, recover fair and just compensation. Call us now for a free consultation at 800-818-1818.
Money recovered in a personal injury settlement is generally free from taxation, except in a few very narrow circumstances, such as compensation for loss of wages or medical bills related to your accident which you claimed on your tax return. An experienced attorney can explain any potential tax liabilities in a personal injury settlement.
Personal Injury Law is a wide area of law and allows for compensation for injuries caused by the negligence of others for any number of reasons. Accidents for which you could seek compensation include slip and falls, dog bites, pool injuries, transportation/common carrier accidents, boating accidents, injuries at work, trucking accidents, motorcycle accidents, sexual harassment claims, and much more. Click here to see the wide array of the cases The Dominguez Firm handles. If you are injured in any type of accident, call us for a free consultation at 800-818-1818.
WORKERS’ COMPENSATION – FAQs
Total Disability (TD) payments are generally figured at two-third of your gross wages at the time of your injury. Gross wages are your wages before taxes are taken out, and include income from all sources. There are also statutory minimum amounts and maximum amounts that you can make.
You may be compensated for your medical expenses, as well as vocational rehabilitation in some cases or money for job training in others. When a person dies on the job or due to job-related condition or disease, certain dependents may be eligible for death benefits. There may be other compensation available in certain circumstances, such as if the employer willfully endangered the safety of employees, lacked workers’ compensation insurance, retaliated against you for filing a claim, or failed to deliver benefits in a timely manner.
- Typically, Workers’ Compensation benefits include:
- Medical Care- This includes doctor and medical visits, ambulance, hospitals, surgeries, tests, medicine, and reasonable travel expenses.
- Temporary Total Disability Benefits (TTD) – You may be entitled to up to 104 weeks of TTD payments. This benefit requires either: 1.) Your treating doctors state that you are unable to perform your usual job for more than three (3) days or; 2.) You are hospitalized overnight, and your employer does not offer you alternative work, at your usual wage, while you recover. Generally, TTD benefits are two-thirds (2/3) of your gross (pre-tax) wages while you are recovering from a work-related injury.
- Permanent Disability Benefits (PD)- You may be entitled to permanent disability benefits if you don’t recover completely from your injury, and it causes a permanent loss of some physical and/or mental function. Your eligibility for these benefits will be determined if you reach a point in your recovery where your medical condition is neither improving nor getting worse. This condition is called “permanent and stationary” or “maximum medical improvement.” In essence, a formula is calculated based on your age, injury, profession, and your pay, and then a “permanent disability rating” and compensation amount is determined in each case.
- Death Benefits- These are payments to a surviving spouse, children, or other dependents for a death resulting from a workplace injury.
- Supplemental Job Displacement Benefits (SJDB)- Employees unable to do their usual job, and whose employer does not offer alternative work, may qualify for SJDB. SJDB are provided as a non-transferrable voucher to pay for educational retraining and/or skill enhancement at state-approved/state-accredited schools.
- You may be entitled to more than the above-listed benefits. Call us for a free case consultation at 800-818-1818.
TD benefits are available if your injury requires you to miss more than three days of work or be subjected to an overnight hospital stay. You may continue to receive payments every two weeks until you return to work, receive a release from the doctor, or your injury has reached the point where it has improved as much as it is going to. In most cases, you may be eligible to receive payments for up to 104 weeks (two years), or up to 240 weeks for certain severe or chronic conditions.
- First, seek immediate medical treatment. Emergency personnel may arrive to the scene and may transport you to the closest hospital. If given the choice, opt for going to the emergency room to make sure you receive immediate medical attention.
- Second, inform your immediate supervisor or a representative from your employer’s human resources department of your work-related injury as soon as possible. If your employer does not learn about your workplace injury within 30 days of its occurrence, you could lose your right to receive Workers’ Compensation benefits.
- Finally, contact an experienced Workers’ Compensation attorney as soon as possible. We may be able to qualify you for benefits even though 30 days have elapsed, and you have yet to notify your employer of your during working hours injury. Call us for a free consultation at 800-818-1818.
- If you have been injured in an accident during working hours, you need to consult a powerhouse law firm with experience in handling Workers’ Compensation claims. The Dominguez Firm has over 30 years’ experience in handling and successfully resolving thousands of Workers’ Compensation claims involving all sorts of accidents and injuries, including death accidents during working hours. For a free case consultation and evaluation, contact the Dominguez Firm at 800-818-1818.
- With our No-Recovery, No-Fee Promise, you do not pay anything upfront and only pay attorney’s fees if you win your case. The attorney fees are paid by the workers compensation insurance carrier directly to your attorney. This is what’s known as a contingency fee: Our contingency fee policy allows us to guarantee that our clients aren’t putting their own finances at risk and clients don’t ever have to pay out of pocket. Click here to learn more about our No-Recovery, No-Fee Promise.
- This depends largely on two factors:
- Whether you were an employee in the course and scope of employment at the time of your injury; and
- Whether your injury occurred during working hours.
- The Workers’ Compensation system allows benefits for two types of work-related injuries:
- Specific Trauma- This involves an injury to a specific part or parts of the body due to an isolated event, such as a fall, vehicle collision, fire, or chemical exposure.
- Cumulative Trauma- This involves an injury due to repetitive motions or movements, such as carpal tunnel syndrome from typing or lower back pain from lifting heavy items frequently over time.
- If you believe your employer retaliated against you for filing a Workers’ Compensation claim by terminating your employment or discriminating against you, you have legal recourse against your employer pursuant to California Labor Code section 132a. This employee protection code exists to dissuade employers from wrongfully terminating or discriminating against employees who have been injured on the job. You also may be entitled to rights and compensation under our California employment laws. Our firm is also equipped with experienced employment law attorneys in the event an employer either terminates you after a work related injury or discriminates against you for placing a workers compensation claim. Thus, our workers compensation attorneys and our employment law attorneys will get your back for any employer wrongdoing. Call our experienced attorneys now for a free consultation now at 800-818-1818.
- Some Workers’ Compensation claims may resolve within one to three years, and some may take longer. Every case is different due to several factors that could affect the duration of your claim, including the nature and severity of your injury, the pertinent insurance company’s evaluation policy, the bureaucracy of the Workers’ Compensation system and court’s calendar, the defense law firm’s skill or lack thereof, your law firm’s reputation winning big trial verdicts, and many more factors. That is why it is important to contact our powerhouse injury law firm for a free consultation at 800-818-1818.
- Likely not. It is rare that a Workers’ Compensation case will go all the way to a full However the Dominguez Firm Trial Teams are well equipped to try your case if a fair offer is not made before trial. The vast majority of Workers’ Compensation cases settle out of court. Insurance companies know which law firms have a reputation for trying cases in court, and which ones don’t. Thus, having our powerhouse law firm on your side is important to obtain the best resolution possible. Call us for a free consultation at 800-818-1818.
- Workers Compensation is a “no fault system,” meaning you do not have to prove that another person caused your workplace injury. For example, if you slipped and fell on a puddle of water that spilled out of a bucket you were using while mopping the floor, you would likely still be eligible for Workers’ Compensation benefits. You typically will receive benefits regardless of who was at fault for your workplace injury. There are exceptions to this general rule however, such as if you were intoxicated at work and this led to your being injured or if you purposefully caused your injury. Contact us now for a free case consultation at 800-818-1818.
- You do not have to be a legal resident of the United States to receive most Workers’ Compensation benefits. The Dominguez Firm prides itself on having helped countless injured employees, regardless of citizenship status, recover fair and just compensation. Call us now for a free consultation at 800-818-1818.
- Workers’ Compensation settlements are fully tax-exempt if paid under the Workers’ Compensation Act; according to IRS Publication 907, “Workers’ Compensation for an occupational sickness or injury if paid under a Workers’ Compensation act or similar law” is exempt. There are narrow exceptions to this general rule, such as if there is a California Labor Code 132a discrimination allegation within your claim because back/future non-TTTD wages are involved, which would have been subject to taxation regardless. Our experienced attorneys can explain any potential tax liabilities in a workers compensation
EMPLOYMENT LAW – FAQs
- The California Fair Employment and Housing Act is the law that protects California employees from unfair treatment, discrimination, harassment, and retaliation. If you believe your employer is violating your rights, we can help you step-by-step through the process.
- First, determine if your employer is discriminating against you. Under California’s Fair Employment and Housing Act laws, employers must treat all employees fairly and may not discriminate against an employee for age, race, national origin, pregnancy, physical disability, medical condition, sexual orientation, gender, sex, religion, or many other factors. While many people understand what racial or religious discrimination looks like, this law protects even injured employees and pregnant employees from discrimination. For example, your employer may not require you to be “100% healthy” after suffering an injury as a condition for putting you back to work.
- Second, California’s Fair Employment and Housing Act guarantees your boss may not punish you or get back at you or otherwise retaliate against you simply because you stand up for your rights. If you have reported behavior that you knew or thought was illegal, know that the law protects you. Did your boss retaliate against you because you requested medical leave for an injury you suffered? Did you report a sexual harassing coworker to your HR department and now some people at work are nitpicking you? Such behavior is illegal and employees do not have to put up with that sort of misconduct in the state of California.
- Third, understand that the Fair Employment and Housing Act requires your employer provide a safe work environment for you to work. Is your coworker or manager sexually harassing you or yelling abusively at you or “playing pranks” on you? Report the misconduct to your employer. If your boss refuses to investigate after you make your report, there is a strong chance your legal rights are being violated.
- If you leave reason to believe you are treated unfairly at work, wrongfully terminated, harassed, or not paid wages due, call us for a free consultation at 800-818-1818.
- If you have issues with the way you are being treated at your workplace, you should consult our powerhouse law firm with vast experience and success handling discrimination, unpaid wages, wrongful termination, retaliation, and harassment claims. For a free case consultation and evaluation, contact The Dominguez Firm at 800-818-1818.
- With our No-Recovery, No-Fee Promise, you do not pay anything upfront and only pay attorney’s fees if you win your case. This is what’s known as a contingency fee: Our contingency fee policy allows us to guarantee that our clients aren’t putting their own finances at risk and clients don’t ever have to pay out of pocket. Click here to learn more about our No-Recovery, No-Fee Promise.
- Discrimination laws in California protect employees from being treated differently based on religion, race, disability, pregnancy, sexual orientation, national origin, ethnicity, gender, sex, and many other categories.
- It is important not to overlook the fact that the legal definition of disability in California also includes alcoholism, obesity, pregnancy, and many others. One of our experienced employment law attorneys can evaluate your case and protect you from an employer who may be violating your rights without you having any idea that what your employer is doing is illegal under the California’s Fair Employment and Housing Act.
- California’s Fair Employment and Housing Act and Labor Code protects employees from being punished by employers simply for exercising their rights. This includes things such as reporting sexual harassment, requesting an investigation into possible discrimination, asking for unpaid wages, asking for a full lunch break, and many others. Our experienced employment attorneys can evaluate your case and protect you from an employer who may be violating your rights right under your nose.
- Typically, harassment includes:
- Sexual, vulgar, or otherwise inappropriate jokes
- Inappropriate touching
- Sexual propositions
- Inappropriate nicknames
- Repeatedly asking out a colleague for dates
- Comments on physical appearance
- Repeated teasing or verbal abuse.
- If you believe your employer terminated you or discriminated against you due to an injury, workplace injury or not, you have legal recourse against your employer pursuant to California Fair Employment and Housing Act. This employee protection code exists to dissuade employers from wrongfully terminating or discriminating against employees who have been injured. If you have been wrongfully terminated or discriminated against due to injury, call our experienced employment law attorneys for a free consultation now at 800-818-1818.
- Some employment law claims may resolve within one to three years, and some may take longer. Every case is different due to several factors that could affect the duration of your claim, including the nature and severity of your claims, the court’s docket, the number of witnesses to the incidents, the defense law firm’s skill or lack thereof, your law firm’s reputation successfully resolving cases, and many more factors. That is why it is important to contact us for a free consultation at 800-818-1818.
- Likely not. It is rare that an employment law case will go all the way to a trial, however the Dominguez Firm Trial Team is well equipped to try your case if a fair offer is not made before trial. The vast majority of employment law cases settle out of court. Defense law firms know which plaintiff law firms win big verdicts and which ones don’t. Thus, having a powerhouse law firm on your side is important to obtain the best resolution possible. Call us for a free consultation at 800-818-1818.
- While nothing stops an employee from bringing an action against a law-breaking employer, immigration/citizenship status may affect potential future lost wages. However, savvy employment law attorneys know how to include all potential claims versus a law-breaking employer through expert knowledge in the Fair House and Employment Act and the Labor Code. Selecting the wrong employment law attorney to handle your case can risk you losing out on utilizing all possible legal avenues in pursuing justice if the attorney was simply unaware of how to comprehensively sue an employer for violating the law. You do not have to be a legal resident of the United States to sue under most California statutes. The Dominguez Firm prides itself on having helped countless employees, regardless of citizenship status, recover fair and just compensation. Call us now for a free consultation at 800-818-1818.
- While certain portions of your settlement money may be tax-free, some portions may be taxed, like wages. Our experienced employment law attorneys can explain any potential tax liabilities in a settlement.
EMPLOYMENT LAW – WAGE & HOUR FAQs
- If you believe your employer is shorting you on your wages, know that workers in California are protected by the Labor Code. Here are the general ways to determine whether or not your employer is paying you correctly.
- First: Make sure you are getting the breaks California law says you must be getting! Workers in California are entitled to an uninterrupted 30-minute meal break if you work more than five hours in a workday, and an uninterrupted 10-minute break for every 4 hours you work. Employers may not force you to clock in and out for your 10-minute rest breaks!
- Second: Check to see if you are getting paid correctly for your overtime hours worked. If you work more than 40 hours in a week or 8 hours in a day, you are entitled to 150% of your normal hourly rate for every hour over 40 hours/week or 8 hours/day that you work. If you work more than 60 hours in a week or 12 hours in a day, you are entitled to 200% of your normal hourly rate for every hour over 60 hours/week or 12 hours/day you work.
- Third: Your employer is required to keep accurate records of the hours you worked, the rate you were paid, and other important information. Check your paystubs and wage reports and make sure that it contains all the information California requires employers to put on your wage statements.
- Fourth: Make sure you are being paid at least the minimum wage.
- If you believe there is anything wrong with the way your employer is paying you, call and speak with one of our experienced employment law attorneys about wages you may not even know you are owed by your employer. Call us for a free consultation at 800-818-1818.
- If you have issues with the way you are being paid at your workplace, our powerhouse law firm can assist you with wage-and-hour claims. Our attorneys can also help in handling complicated issues that the California Labor Commissioner cannot handle. For a free case consultation and evaluation, contact the Dominguez Firm at 800-818-1818.
- With our No-Recovery, No-Fee Promise, you do not pay anything upfront and only pay attorney’s fees if you win your case. This is what’s known as a contingency fee: Our contingency fee policy allows us to guarantee that our clients aren’t putting their own finances at risk and clients don’t ever have to pay out of pocket. Click here to learn more about our No-Recovery, No-Fee Promise.
- No employer may retaliate against their employee because their employee insists on having their rights respected under the law. If you are fired for asking for your breaks or asking for your correct overtime pay, our experienced attorneys can evaluate your case and protect you from an employer who may be violating your rights. You may not be aware that what your employer is doing is illegal under California’s Labor Code.
- However, the California Labor Commissioner will not hear cases it deems to be complicated or complex and many “simple” claims turn out to be far more complex than people anticipate. Also, many employers hire lawyers to represent them at the California Labor Commissioner hearings so an employee will be at a huge disadvantage arguing their wage claim versus an employer’s high-priced lawyer. That is why it is important to contact us for a free consultation at 800-818-1818.
- Some employment law claims may resolve within one to three years, and some may take longer. Every case is different due to several factors that could affect the duration of your claim, including the nature and severity of your claims, the documents in your personnel file, the number of witnesses to the incidents, the defense law firm’s skill or lack thereof, your law firm’s reputation winning big trial verdicts, and many more factors. That is why it is important to contact us for a free consultation at 800-818-1818.
- Likely not. It is rare that an employment law case will go all the way to a trial, however the Dominguez Firm Trial Team is well equipped to try your case if a fair offer is not made before trial. The vast majority of cases settle out of court. Companies know which law firms win big verdicts and which ones don’t. Thus, having a powerhouse law firm on your side is important to obtain the best resolution possible. Call us for a free consultation at 800-818-1818.
- California’s wage-and-hour laws protect the rights of employees, whether they are citizens, legal residents, DACA permit holders, or undocumented.
- Furthermore, while most employment law attorneys are aware of the wage-and-hour statutes in the Labor Code, the employment law attorneys at The Dominguez Firm have experience incorporating into strategies the other laws in the Labor Code that many other employment attorneys may not even know exist. For example, there are many Labor Code statutes that explicitly expose employers to criminal prosecution for a misdemeanor or penalties as high as $10,000.00 per Inexperienced employment law attorneys may not even be aware of these laws, but the Dominguez Firm prides itself on leveraging a more comprehensive knowledge of the Labor Code to help countless employees, regardless of citizenship status, recover fair and just compensation. Call us now for a free consultation at 800-818-1818.
- While certain portions of your settlement money will be tax-free, some portions will be taxed like wages. An experienced attorney can explain any potential tax liabilities in a settlement.
CORONAVIRUS – SPECIAL FAQs
Yes, our offices have reopened since the lifting of COVID restrictions. However, we ask that you make an appointment to visit us. Many of our legal services can also be handled by phone or email. We encourage anyone wishing to speak to us regarding an accident injury or workers’ compensation issue to call us at 800-818-1818 for a free consultation instead of making an appointment to come in since time is of the essence. Clients seeking a case update should contact their case managers directly.
Yes. The Dominguez Firm has access to the latest and most secure technology in order to keep serving you at this difficult time. Every step of the process, from the initial consultation to signing you on as our client can be done over the phone or digitally, by computer. Instead of a face to face meeting with one of our investigators, we can have you e-sign our client representation agreement in the safety and comfort of your home.
E-sign, also known as an electronic or digital signature is a safe, legal and easy way to sign a legal document through your computer. There’s no need for a printer, scanner or fax machine. We email you the legal document and you simply open it, sign it electronically and email it back to us.
Yes. All types of organizations and companies use digital signatures, including government agencies. These e-sign documents have the highest level of security and are safe to use.
Yes. They are as legally binding as documents signed on paper in a court of law.