Frequently Asked Questions
Santa Clarita Employment Disputes and Personal Injury Claims
What will it cost to hire an attorney?
Attorneys usually are paid by the hour or on a contingency fee. Markson
Pico LLP handles employment law and personal injury cases on a contingency
fee basis. That means that we're paid based on a percentage of your
recovery. If there is no recovery, there is no fee. That simple.
What's my case worth?
No one can break out a crystal ball and tell you exactly what your case
is worth-especially when translating emotional distress and anxiety losses
into a cold, monetary figure. In the end, a case is worth whatever the
jury decides that it's worth. Your Santa Clarita employment law attorney
at Markson Pico LLP will keep a close eye on the local jury verdicts.
We study similar cases. We assess the differences in the jury panels from
one courthouse to another. Based on our collective analysis, knowledge
and experience, we have found that our early projections about what a
case may be worth are often consistent with the end result. If you wish
to talk with us about what your case may be worth, call and ask to speak
with our employment law attorneys.
EMPLOYMENT DISPUTES FAQs
I'm having a workplace problem. What do I do?
First of all, you need to evaluate what you want to happen and what is the
best way to get that accomplished. (It isn't always by filing a lawsuit or
threatening to file a lawsuit.) It may be best simply to address the problem
first with your employer's human resources representative or your
supervisor (unless he or she is causing the problem!). Often, workplace
issues can be resolved by the affected employee negotiating by himself
or herself with the appropriate employer representative or engaging the
employer's internal grievance procedure. (There are even government
agencies such as the Department of Fair Employment and Housing ("DFEH")
and Department of Labor, Standards and Enforcement ("DLSE")
that may offer help.) If the employer's representatives cannot or
will not help and the issue is not appropriate for one of the government
al agencies, you might want to consult with an employment law attorney.
Remember, it all depends on your evaluation of the situation.
I think I have a claim. Can I handle it myself?
You can, but the administrative claim and/or court processes can often
be complicated, confusing, and generally difficult for someone who is
not used to it. A Santa Clarita employment law attorney from our firm
can help an employee address a workplace dispute by evaluating and pursuing
all potential employment claims that a person who lacks such training
and experience might miss. In addition, the simple fact is that our employment
lawyer might be viewed by the employer as more of a threat than would
an unrepresented employee. For this reason, the employee might obtain
a quicker or more successful resolution.
How do I get a copy of my personnel file?
With some exceptions and limitations, every employee has the statutory right to
inspect the personnel records maintained by the employer related to his or her
performance or to any grievance concerning the employee. Also, while an
employee does not have an absolute right to a
copy of his or her personnel records, they do have a right to a copy of any document
signed by the employee that relates to getting or keeping the job, i.e. any document
such as signed employment applications; employment contracts; warning
notices; and, records of discipline. Employees can also
take notes about the entire contents of their file (although the employer may properly
remove certain types of documents, such as records related to investigation of
a criminal offense, letters of reference, or records that were obtained
prior to the employee's employment).
I'm ready to take action, how do I get started?
Call Markson Pico LLP at (661) 493-8107, or, send an email, for a FREE
initial consultation with our Santa Clarita employment lawyer. This consultation
is offered to the people of Valencia, Santa Clarita, Saugus, Newhall,
Canyon Country, and the greater Santa Clarita Valley. There is no obligation.
No recovery, no fee.
PERSONAL INJURY FAQs
I was injured in an accident, what do I do?
Emergency Medical Help: The safety of everyone involved in the
accident is the first priority. Check to see that everyone in your vehicle is safe.
Then check the safety of those in the other vehicle, as well as pedestrians,
cyclists, etc. If there are injuries, call 9-1-1 for medical help immediately.
Follow the instructions of the 9-1-1 center.
Law Enforcement Reporting: A police officer, highway patrol officer or
sheriff deputy may arrive at the scene to investigate. Always cooperate
with law enforcement by reporting the facts. Do not offer your opinions
about who was "at fault." Just report the facts. Be sure to
ask the officer how to get a copy of the Traffic Collision Report (TCR)
when it is complete.
Record Information at The Scene: Don't rely on law enforcement to get
information for you. Get all the information you can at the scene, including:
(1) other driver information (full names, addresses, phone numbers, driver's
license numbers, auto insurance company names/policy numbers); (2) witness
information (full names, addresses, phone numbers); (3) vehicle information
(make, model, color, year, license plate number, damage description);
(4) photos (photograph everything including damage to the vehicles, all
skid marks on the road, any hazards in the road, debris from the collision,
witnesses, emergency vehicles, the roadway, intersection, etc.-the more
photos the better); (5) diagram the scene (draw a detailed diagram while
at the scene); and (6) take notes (note the exact time, date, weather
conditions, lighting, road conditions, obstructions, quote comments made
by witnesses and drivers, etc.).
Medical Treatment: If you need emergency medical treatment, don't take
chances. Let the emergency medical personnel take you to the emergency
room to get checked out. Once released, follow up with your doctors to
get the appropriate treatment for your injuries. Make sure your injuries
are accurately diagnosed and properly treated.
Insurance: If you have insurance, use it. (1) Contact your automobile insurer.
Let your insurer know you were in an accident. Depending on your coverage,
your insurer may be able to assist with property damage claims, some medical
payments and provide guidance for dealing with the other party's insurance
adjuster. Your insurer will provide you with a defense if the other party
claims you are at fault. Also, if the other driver was at fault, but doesn't
carry enough insurance to cover your injuries, you may have coverage under
the uninsured/underinsured motorist provisions in your auto policy. (2)
Contact your health insurance carrier or HMO. This insurance will address
your medical treatment and rehabilitation treatment. (3) Employer's
insurance. If you were injured at work or in the course and scope of work,
ask your employer about insurance (like workers compensation) that may
cover your injuries.
Legal Assistance: If you or a family member suffered injuries in an accident,
you may need legal guidance to help navigate the complexities involved
in resolving disputes about liability, recoverable damages, insurance
issues, and more. Call our Santa Clarita personal injury lawyer for a
FREE initial consultation to talk about your situation.
I think I have a claim, can I handle it myself?
Sometimes a personal injury lawyer is not necessary. In a minor collision
without injuries, some people feel comfortable working it out themselves.
But when injuries are involved, most people are best served by getting
legal counsel involved. Insurance companies often take advantage of unrepresented
claimants, making low-ball offers and pushing releases before injuries
are resolved. To protect your rights and secure a full and fair recovery
for all of your past and future harms, call Markson Pico LLP for a FREE
initial consultation with our Santa Clarita personal injury attorney and
find out how we can help you.
How do I get a copy of my medical records?
The federal Health Insurance Portability and Accountability Act (HIPAA)
requires health care providers, health plans, and health care clearinghouse
to allow you access to your medical records. Notices you receive from
providers and plans must include information about how you can obtain
copies of your medical records. In addition to HIPAA, California has laws
that allow patients or their designated representatives to access medical records.
To get copies of your medical records, send a written request to your medical
provider. In your letter, let the provider know that you are requesting
copies of your medical records pursuant to HIPPA. Let the provider know
where you treated, the dates, and ask for copies of all health records
related to your treatment. Ask that the records be provided to you with
30 days as required under HIPPA. (Contact us if you would like a sample
medical records request letter.)
I'm ready to take action, how do I get started?
Pull together the following records to get started:
- Traffic Collision Report
- Written Statements
- Your Insurance Information (health, medical, auto, homeowner, excess/umbrella, etc.)
- Medical Records and Medical Bills
- Emergency Medical Treatment Records (including intake and discharge records)
- Explanation of Benefits (EOB) Records
- Loss of Earnings Records
- Property Damage Repair Records (including auto damage estimates)
- Receipts for Out-Of-Pocket Expenses
To learn more about employment disputes or personal injury situations,
contact a Santa Clarita employment law attorney or personal injury lawyer
at our firm today!