$240,000 RECOVERED FOR HEALTH WORKER $225,000 WON FOR MACHINIST

 

Most Recent Personal Injury and Product Liability Cases

Take a look at our most recent case wins to see how we’ve been able to help our clients get the compensation they deserve:

$224,000 CT BACK INJURY, KNEE AND HIP INJURY. A health care worker sustained a repetitive chronic injury after five years of working as a nurse aid in a senior care facility. The employer and insurance company  denied the claim because she reported it after termination, The evaluation doctor also initial denied the work injury,  AOE/COE.. Only after Smith set up another evaluation with additional evidence she gathers, the Doctor changed his mind and found the injury industrial. The employer began paying benefits, but at a rate much lower than the worker deserved. The employer refused to acknowlege the Over-timepay in calculating her temporary disability weekly payments. 

Smith filed for hearing, demanding discovery of the overtime pay. After the employer stated their records had been destroyed, Smith subpoenaed records from Fair Labor Standards Board which disclosed additional over time pay owed. Using these records, Smith obtained an addition $20,000 for the worker after the employer offered $10,000. As a result of Smith's work, worker applicant netted over 200000 in final award and $60,000 in temporary disability. An amazing result after the Worker applicant had been denied workers compensation and desere zero in benefits. 

From zero in benefits to $200,000 settlement and $60,000 in TD, Smith successfully recovered in excess of $260,000 for the worker.

After retaining the Smith Law Office, Smith was able to fight for her rights and obtain a $200,000 award and $60,000 in TD.

 

 

    $225,000 HAND INJURY. A machinist sustained a injury to his right hand when repairing a machine. Smith Law firm was able to obtain a $225,000 award for him after the employer offered 1/3 this amount initially.

What is workers’ compensation?
If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits. Youcould get hurt by:

• One event at work. Examples: hurting your back in a fall, getting burned by a chemical that splashes
on your skin, getting hurt in a car accident while making deliveries.
or:

• Repeated exposures at work. Examples: hurting your hand, back, or other part of the body from doing
the same motion over and over, losing your hearing because of constant loud noise.
Workers’ compensation covers some, but not all, stress-related (psychological) injuries caused by your job.

Also, workers’ compensation may not cover an injury that is reported to the employer after the worker is told he or she will be terminated or laid off. For information about what is covered, use the resources in Chapter 10.

What are the benefits?
They can include:
Medical Care. Paid for by your employer, to help you recover from an injury or illness caused by work.
This includes doctor visits and other treatment services, tests, medicines, equipment, and travel costs
reasonably necessary to treat your injury.

Temporary Disability Benefits. Payments if you lose wages because your injury prevents you from doingyour usual job while recovering.

Permanent Disability Benefits. Payments if you don’t recover completely and your injury causes a
permanent loss of physical or mental function that a doctor can measure.

Supplemental Job Displacement Benefit. A voucher to help pay for retraining or skill enhancement if you are eligible to receive permanent disability benefits, your employer doesn’t offer you work, and you don’t return to work for your employer. This benefit is available for workers injured in 2004 or later. If your injury also occurred in 2013 or later and you received a Supplemental Job Displacement Benefit, you may also be eligible for an additional, one-time payment under the Return-to-Work Supplement Program.
 

Death Benefits. Payments to your spouse, children, or other dependents if you die from a job injury or
illness.

For examples of workers’ compensation payments, see p. 5.
Can my regular doctor treat me if I get hurt on the job?
It depends on whether you tell your employer in writing—before you are injured—the name and address
of your personal physician or a medical group. This is called “predesignating.” If you predesignate, you may
see your personal physician or the medical group right after you are injured.

 

 

 

 Bankruptcy Information

WHAT TO EXPECT

 Discuss with your attorney your goals in filing the case.
 

2. Cooperate with your attorney in preparing all required bankruptcy papers and
documents, thoroughly reviewing drafts of documents, and advising your attorney
2 of corrections needed.
3. Provide your attorney with all documentation he or she requests, including but not
limited to accurate copies of the following documents:
a. Certificate of Credit Counseling, together with the debt repayment plan, if
any, prepared by the nonprofit budget and credit counseling agency that
provided individual counseling services to you prior to bankruptcy.
b. Proof of income you received from all sources in the 6-month period before
your case was filed. Some examples include paycheck stubs, Social
Security statements, worker’s compensation payments, income from rental
property, pensions, disability payments, self-employment income, child and
spousal support, and other payments. If you are self-employed or own a
business, you should provide report(s) disclosing monthly income and
expenses for the 6-month period before the case was filed.
c. Federal and state income tax returns, or transcripts of returns, for the most
recently ended tax year, as well as any other returns requested by your
attorney.
d. Proof of your identity and Social Security number. Some examples are
your driver’s license, passport, or other document containing your
photograph.
e. A record of your interest, if any, in an educational individual retirement
account or a qualified State tuition program.
f. The name, address and telephone number of any person or state agency to
whom you owe back child or spousal support or make current child or
spousal support payments. Include all supporting documents for the
payments. Some examples of supporting documents are a court order, a
declaration of voluntary support payments, a separation agreement, a
divorce decree, and a property settlement agreement.
g. Any insurance policies requested by your attorney.
h. Documents relating to any inheritance to which you are entitled.
i. Documents relating to any legal action in which you are a party.
II. AFTER THE CASE IS FILED, YOU AGREE TO TIMELY AND
PROMPTLY COMPLY WITH ALL APPLICABLE CHAPTER 7 RULES
AND PROCEDURES, INCLUDING BUT NOT LIMITED TO:
3 1.
Attend the § 341(a) meeting of creditors at the time(s) ordered.
2. Keep the Chapter 7 trustee and your attorney informed of your current address and
telephone number and employment status.
3. Inform your attorney of any wage garnishments, seizure of assets or liens that
occur or continue after the filing of your bankruptcy case.
4. Provide copies of all federal tax returns or transcripts to your attorney when
requested, and pay over to your attorney or the trustee, as directed, the nonexempt
portion of any tax refunds.
5. Contact your attorney promptly if you are sued on a scheduled debt or if you file a
lawsuit or intend to settle any dispute relating to events that occurred prior to the
filing of your bankruptcy case.
6. Provide on a timely basis all information or documentation requested by your
attorney, including all information needed to respond to any motion or objection
seeking relief in your bankruptcy case.
7. Provide your attorney with any tax returns, account statements, pay stubs, or other
documentation necessary to comply with any audit requests.
8. Respond promptly to all communications from your attorney.
III.
BEFORE THE CASE IS FILED, YOUR ATTORNEY AGREES TO
PROVIDE ALL SERVICES NECESSARY FOR REPRESENTATION,
INCLUDING BUT NOT LIMITED TO:
Attorney will personally*:
1. Meet with you to review your assets, liabilities, income, and expenses.
2. Counsel you regarding the advisability of filing either a chapter 13 or a chapter 7
case, discuss bankruptcy procedures, and answer your questions.
3. Review the completed petition, statements, schedules, and all amendments with
you.
4. Explain to you the attorney’s fees that are being charged in the case, how and
when those attorney’s fees are determined and paid, and whether additional fees
will be charged for representation in adversary proceedings that might be filed in
the case, or in the event the case is converted to another Chapter.
5.  Provide a fully signed copy of this document to you.
4 With the assistance of staff under his or her supervision, your attorney will:
6. Verify the number and status of any prior bankruptcy case(s) filed by you or any
related entity.
7. Timely prepare and file your petition, statements, schedules, required documents
and certificates, and all necessary amendments to these filings.
* The term “personally” means that the described service will be performed only by an
attorney who is a member in good standing of the Bar and admitted to practice before the
bankruptcy court. The service shall not be performed by a non-attorney even if that
individual is employed by the attorney and is under the direct supervision and control of
that attorney.
IV.

1. Advise you of the requirement to attend the § 341(a) meeting of creditors and
inform you of the date, time, and place of the meeting. In the case of a joint filing,
inform you and your spouse that both of you must appear at the meeting.
2. Inform you that you must be punctual for the § 341(a) meeting of creditors or the
meeting may be continued to a later date.
3. Attend the § 341(a) meetings and any court hearings, either personally or through
another attorney from his or her firm or through an appearance attorney who has
been adequately briefed on the case.
4. Advise you if an appearance attorney will stand in for him or her at the § 341(a)
meeting or any court hearing, and explain to you in advance, if possible, the role
and identity of the appearance attorney. In any event, it is your attorney’s
responsibility to adequately prepare the appearance attorney for the meeting or
hearing by providing all documents and information in sufficient time to allow for
proper representation of you.
5. Notify you on a timely basis if any pleading seeking relief against you is filed.
This notification shall specify a deadline by which you should contact your
attorney to discuss a response to the pleading and may state that if you do not
contact the attorney timely, such attorney may choose not to file a response. Such
notification should explain the potential consequences of not filing a response to
the pleading.
6. If your attorney is contacted by you on a timely basis, as provided in paragraph 5,
5 such attorney will timely respond in an appropriate manner to any pleading
seeking relief against you.
7. Prepare, file, and serve on a timely basis any necessary amended statements and
schedules and any change of address, based on information provided by you.
8. Monitor all information filed in your case for accuracy and completeness.
9. File objections to claims when appropriate.
10. Prepare and file a proof of claim for a creditor when appropriate.
11. Advise you of the effect of proposed reaffirmation agreements and, where
appropriate, negotiate alternate terms with secured creditors.
12. Attend any hearing scheduled by the court on a reaffirmation agreement,
regardless whether such attorney has signed off on the agreement.
13. Unless otherwise agreed before the bankruptcy case is filed, your attorney will
represent you in adversary proceedings, including but not limited to objections to
discharge and/or dischargeability. Unless otherwise agreed before the case is
filed, your attorney will also continue to represent you if the case is converted to
another Chapter of the Bankruptcy Code. The attorney is not, however, obligated
to represent you in an appeal to another Court.
14.
If your attorney has not been retained to represent you in adversary proceedings,
and an adversary proceeding is then filed against you, the attorney will, within 7
days after receiving notice of the adversary proceeding, explain to you the
estimated cost of providing representation in the adversary proceeding, the risks
and consequences of an adverse judgment, and the risks and consequences of
proceeding without counsel. In addition, the attorney shall advise you of the date
by which a response to the adversary proceeding is due in order to avoid a
judgment being entered against you based on your failure to respond. And, the
attorney shall advise whether you may be eligible to participate in a program in
your part of the district to provide eligible debtors with attorneys at no or reduced
charge, and who to contact about participation in such a program.
15. Prepare, file, and serve any other motion that may be necessary to appropriately
represent you in the bankruptcy case, including but not limited to motions to
impose or extend the automatic stay.
16. Respond promptly to your questions and communications for the duration of the
case, and provide all other legal services that are necessary for the proper
administration of the bankruptcy case.
6
17. Advise you of the requirement to complete an instructional course in personal
financial management, and the consequences of not doing so.
18. Represent you at a discharge hearing, if required.
19. Represent you in connection with any audit request.
V. ALLOWANCE AND PAYMENT OF ATTORNEYS’ FEES
You and your attorney agree that the fee for all legal services to be provided in the
bankruptcy case will be $__________. You agree to pay this fee. This fee does/does not
(circle the appropriate verb) include representation in adversary proceedings and
does/does not include representation if the case is converted to another Chapter. (If
neither is designated, representation is included).
If you dispute the legal services provided or the fees charged by your attorney, you may
file an objection with the Court. Should your attorney’s continued representation create a
hardship, such attorney may seek a court order allowing him or her to withdraw from the
case. Under Local Rule 2091-1, such attorney will not be allowed to withdraw until
another attorney enters the case, unless good cause is shown for the withdrawal.
Client’s Signature. By signing this agreement, you certify that you have read the
agreement and understand and agree to carry out the terms of the agreement to the best of
your ability, and that you have received a signed copy of the agreement.
Attorney’s Signature. By signing this agreement, your attorney certifies that, before the
case was filed, he or she personally met with you and counseled and explained to you all
matters as required by this agreement.

 

SPECIAL APPEARANCES-WHEN YOU NEED THEM MOST (SOUTHERN CALIFORNIA)

Attorney with over 30 years experience-licensed before all the Courts of the States of California and Nevada. I will appear in the following Courts: Federal, Bankruptcy, Workers' Compensation, and all State Courts for motions, case management conferences, unlawful detainers or any other appearance required work. I have extensive experience, including but not limited to: all aspects of business litigation, construction disputes, collection work, labor law, licensing, administrative hearings, unlawful detainers and general business litigation. I also have actively conducted trials, mediations and arbitrations. You can call me anytime

 

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