Orange County, CA Metro Family Law Blog

In the last week, California has seen a large number of fatal auto accidents:

On October 28, 2011, a motorcyclist lost control of his bike and ran into a semi truck on the San Diego (405) Freeway.

On October 29, 2011, there were two fatal car accidents in Southern California. The first accident was a car-and-truck accident on the 60 Freeway. In the second fatal accident, a car crashed into a pole, killing at least two people.

The following day, a serious car crash closed traffic lanes on Interstate 680, and on November 1, 2011, a car fatally struck a pedestrian on the 134 Freeway.

These are just a sampling of the recent tragedies on California's roads.

According to the National Council on Aging, for every one elder abuse case that is reported, at least five additional cases are unreported. This is a devastating statistic, especially since more than 11 percent of elderly individuals are abused each year.

There are many reasons why elder abuse goes unreported. Oftentimes, elderly individuals cannot speak up for themselves or are afraid of the consequences of mentioning the abuse. Other times, family members and friends don't visit often enough to notice signs of abuse or simply do not know what those signs are.

However, actions by caregivers and nursing homes can also hide abuse. A recent investigation by the Sacramento Bee turned up many instances of nursing homes falsifying patient records. Unfortunately, this type of medical negligence is often only discovered when it is too late; discovered by nursing home abuse attorneys who are called in to recover compensation for wrongful death or a serious injury.

Social media can be a great asset for companies: A Facebook profile can help you advertise your business and a Twitter account can help you get information out to potential and current clients. Yet, what happens when your employees use Facebook to discuss work? What if they say something derogatory about your company?

A New York administrative law judge for the National Labor Relations Board (NLRB) recently held that a nonprofit organization acted unlawfully when it fired five individuals for posting negative comments about their work environments on Facebook.

This week marks the anniversary of two catastrophic events: the 9/11 terrorist attack and the 9/12 Simi Valley railroad accident. While it doesn't continue to garner national attention like 9/11, the latter event was one of the "worst rail disasters in U.S. history," according to the Los Angeles Times.

Three years ago, Metrolink 111 crashed into a freight train, killing 25 people and injuring more than 130 others. This California railroad accident was avoidable, caused by distracted driving: the engineer was texting. According to the court case, a conductor had warned the train company that the engineer had been texting, but the company did not take action.

Texting while driving and other forms of distracted driving kill more than 5,000 people and injure many more every year. Whether the person texting while driving is a train engineer or a car driver, he or she puts everyone else at risk of catastrophic injury. A study by the University of Utah found that just talking on a cell phone can significantly delay a driver's reaction time, causing him or her to be as much of a menace as a drunk driver.

"The physical and financial abuse of elder and dependent adults is an insidious and growing problem in California." These words, spoken by Florida Senator Fran Pavely (D-Agoura Hills), highlight an unfortunate reality. The most vulnerable individuals in our society are the victims of the most heinous crimes, from emotional degradation to financial exploitation and severe physical abuse.

That is why Pavely sponsored Senate Bill 586, which would double the penalties for elder abuse and help prevent financial abuse through signature stamp regulations. The bill, which was supported by the California Senior Legislature and AARP, was passed by the Senate on August 30, 2011, and is awaiting the signature of California Governor Jerry Brown.

When you are starting a business, one of the most important questions to ask yourself is: what type of business should I choose? There are many options, from a sole proprietorship to an S corporation. This choice should not be taken lightly, since it will determine how much personal liability you will assume as well as how much you and your business will owe in taxes.

Business formation law is complex. In this blog, we will discuss some of the differences between C corporations and S corporations.

Another tragedy has struck on California's I-5 highway: a truck accident near Woodland killed two adults and one two-year old child last week.

The cause of this multi-car accident is still under investigation. However, witness testimony points to truck driver negligence as a potential cause; in particular, speeding and distracted driving.

It appears that the driver was not paying attention to the road and was unable to stop in time to prevent crashing into slowed traffic. According to one witness, the bobtail truck did not slow down with other traffic around a construction zone. The driver changed lanes right before the accident, apparently to prevent running into the halting traffic in the other lane.

Recent news in San Francisco mentions that police investigated only 41 out of the 95 reports of elder abuse they received in 2010. In that area of the state, only one person was ultimately convicted of elder abuse. This is a story that plays out across the state and country; elderly individuals are being abused and very little is being done to stop it.

One reason prosecuting California nursing home abuse is so difficult is that family members may not notice signs of elder abuse until many weeks or even years after the abuse has occurred. As Irvine nursing home abuse attorneys, we have also seen this impact personal injury claims against the individual or nursing home responsible for the abuse. If you have a loved one in a nursing home, the most important thing you can do to prevent nursing home abuse is to visit your loved one and watch for signs of abuse or neglect.