FAQ

If you do not find your question answered, please contact us directly!

Do I have a case?
You may very well have a good cause to sue. However all cases are different and for a case to be viable (in its simplest terms), it must have all the elements that the law requires and the defendants must not have any absolute defenses (e.g. immunity). Only a competent attorney after hearing your story can really assess whether you have a case or not, but no attorney can guarantee you a particular outcome. Besides having a good case, there are other factors, you will want to consider before filing suit against someone which can be discussed at the time of consultation. If you think you have a case, feel free to set out the facts in an email to we will be happy to evaluate it for you.

What is a tort?
Unfortunately there has never been an agreed upon definition of the word tort. However, “tort” comes from the latin word “tortus” which means twisted, and the French word “tort” which means injury or wrong. So the closest definition of a tort would be a civil wrong, other than a breach of contract, for which the law provides a remedy.

I just got fired from my job, should I sue?
That depends, many people are fired for both unlawful and lawful reasons. If you have been fired unlawfully, the law is designed to protect you, however you would have to provide us with the particulars, via email, including when, where, how and from whom you were fired, also include any other pertinent information as to whether you had an employment contract, if you were given an employee handbook stating that you could only be fired for cause, how long you were employed, what personnel policies were in place and any other facts surrounding your employment.

I just got rear-ended while driving my car, should I get an attorney?
Probably yes, because although you were not at fault, and the other driver’s insurance company knows that, his insurance company will likely try to limit their liability exposure. A common practice among insurance companies is to call the un-represented injured driver and state that they are “required” to take your recorded statement and then use this statement later against you in court. You are not required to make any such statement and in this instance you could just refer the company to your attorney.

My elementary school aged girl is being harassed or teased in an inappropriate way at school by the boys and the teacher will not do anything about it, is the school district responsible?
Yes they are, and the Supreme Court has said so. First, if this is going on, contact the principal of the school and the superintendent in writing, inform them of the situation, ask for a copy of their complaint compliance policy required by California law and follow it. If you get no resolution then you must follow legal channels. But remember, before you can sue, you must present the Board of Education with a “Government Tort Claim” first and such a claim must be presented within 6 months from the time that the injury to your child occurred. So it is important not to allow school district officials to stonewall you after you filed your initial complaint with them.

I worked for the government and got laid off, is that legal?
It could have been a lawful or an unlawful layoff. It depends on the reasons given and the circumstances given for your layoff. Permanent government employees have “property rights” in their government jobs and as such cannot be terminated for cause without due process. Sometimes, government employers do not want the hassle of going through with all the due process required by the law for terminating an employee for cause and mask the termination with a layoff which does not require due process. If you think you were wrongfully laid-off, e-mail Hansult law with the particulars.

I have a psychological disorder, must my employer and/or local school district accommodate me?
Although this is a complicated area of the law and should only be explored by consultation Hansult law of the particulars of your case, the general answer is yes. The case law interpreting the Americans with Disabilities Act defines psychological disorders as qualifying disabilities.

 

May I be denied my rights to free speech at work? 

That is a complicated and ever evolving area of the law and depending on your circumstance (e.g. lost your job) you probably will want to e-mail Hansult law with your particulars. With that said, some people do have limited free speech rights at work subject to different theories of qualified immunity for the employer.