ARE YOU THE OWNER OF A 2017-2022 CHEVROLET BOLT?

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The GM Recall proposes an “interim remedy” for the Class Vehicles to be reprogrammed to limit the full charge of the Defective Batteries to 90% of the Batteries’ actual capacity. The revised capacity will result in the Class Vehicles having a lower driving range and needing to be charged more often. As a result, Class Vehicle owners and lessees have been burdened with vehicles that do not perform as advertised, and instead, require additional charging time and maintenance.

 

If proven true, this deceptive conduct by General Motors, in our opinion, would amount to a violation of State Consumer Protection Laws and State and Federal Warranty Laws, and would likely reduce the value of the 2017-2022 Chevrolet Bolt vehicles.

 

We would like the opportunity to assist you in recovering your losses from General Motors. We believe these cases should be handled on an individual basis, rather than through a class action, to maximize your recovery.

You have rights, remedies, and entitlements provided by State and Federal laws that may entitle you to a CASH SETTLEMENT.

 

CALL US at (619) 230-0330 or EMAIL US at info@bhlflaw.com to discuss your legal rights and available options.

Call Us Now at

 (619) 230-0330 WhatsApp

Last August, GM announced that it was recalling all Chevrolet Bolts made after 2017 after multiple fires in the electric vehicle’s battery packs were found to have been caused by defects in the LG Chem cells found inside. Class Action lawsuits have been filed as a result of these defective batteries.

The Top 7 Benefits of Hiring a Car Accident Attorney

Number 1: Stress Relief

Being involved in a car accident is an extremely stressful experience, one that can leave lasting physical and psychological damage. Then on top of all of that you have to deal with the insurance companies, parties involved, mechanics, appraisers, and adjusters etc. the list goes on and on. But it doesn’t have to. Hiring a car Accident Attorney can lift all of the weight off of your shoulders so you can focus on recovery and getting back to your life. Knowing that your interests are being taken care of will greatly reduce your stress levels and increase your quality of life.

Number 2: Determine Fault

An experienced attorney can help you gather the facts of your situation, all of which can be used to properly determine which party was at fault during the car accident. Determining fault is a major part of a Personal Injury case that can decide your payout; this is a subject that can be further broken down by your attorney depending on the state you live in.

Number 3: Protecting you Position

The information that you provide to your attorney is confidential, they will act as a filter that protects your interest. This means that your attorney is on your side and will never jeopardize your interests when it comes to representing you in a personal injury case. This protection of your interest is something that is streamlined by the attorney’s knowledge of the law.

Number 4: Timely Professional Action

As a professional it is the duty of the attorney to keep the interests of the client in mind when working on their cases. Meaning that there will always be timely due diligence when working towards the result that will bring a win-win for both the client and the attorney.

Number 5: Increase Chances of winning case

Being represented by an Accident Attorney will greatly increase your chances of winning your personal injury case. This is because attorneys have the knowledge and tool set to streamline the process of a personal injury case. By gathering accurate and relevant evidence and forming strong foundations for claims Accident Attorneys have a positive influence on the outcome of your case.

Number 6: Appraising claim

Finding a tangible value for the damages generated by a car accident can seem like an extremely daunting task. However, an Accident Attorney has the resources that allow for an accurate and fair appraisal. This appraisal is central for negotiation of a fair payout, and is often low when done by insurance companies.

Number 7: Negotiation

An Accident Attorney will seek the best results in negotiation for the payout of a claim. This task can be extremely stressful and difficult for the average person because adjusters are experienced and hawkish negotiators that will minimize your payout. Luckily Attorneys are great negotiators who will not budge when it comes to their client’s interest.

The Banker’s Hill Law Firm, APC specializes in auto-related injuries. Attorneys will fight to get you maximum compensation. With our 30 years of legal experience this team will take great care of you and your case. We offer a 100% free consultation. Contact us today to schedule an appointment at 619-230-0330 or Info@bhlflaw.com

The Banker’s Hill Law Firm, APC specializes in auto-related injuries. Attorneys will fight to get you maximum compensation. With our 30 years of legal experience this team will take great care of you and your case.

Can I get workers’ compensation if I am undocumented?

Workers’ Compensation provides benefits not only to those who were injured on the job but also to those who have fallen ill due to their job, or those who develop a disability due to their job, even those whose existing disability is made worse by working conditions. Almost all employers are required to have workers compensation insurance in order to cover the benefits of injured employees, regardless of their immigration status.

These benefits cover the cost of medical treatment and sometimes lost wages. Sometimes it can be hard to gain compensation for lost wages and other benefits, but this all depends on your legal resources. Filing alone won’t always maximize your benefits, which is why you should seek legal counsel for all Workers’ Compensation cases. As an undocumented worker you enjoy most legal rights given to every worker in California. (With the exemption being unemployment insurance.) Also have the right to health and safety laws to minimize the chances of you needing Workers’ Compensation. These are rights that allow you to refuse unsafe work which you can report to Cal/OSHA. Workers’ Compensation can grant temporary or permanent disability benefits depending on the severity of the injuries you have suffered as a worker, the benefits will always vary accordingly.

As an undocumented worker there are employers that will take advantage of the looming fear behind your status in order to minimize the damage you have suffered, but that does not mean you do not have rights as a worker or a human being. This is why it is important to get legal aid to properly protect and represent your interests.

Do you want to discuss your case with an experienced legal team? Do you want your case handled professionally while maximizing your compensation? Bankers Hill Law Firm, APC along with its 30 years of legal experience will take great care of you and your case. We offer a 100% free consultation. Contact us today to schedule an appointment at 619-230-0330 or Info@bhlflaw.com

Yes! You can get Workers’ Compensation if you are an undocumented worker. In California all workers who are injured on the job qualify for Workers’ Compensation benefits.

An Introduction to the E-2 Visa

The E-2 Visa, in simple terms, is a Visa that allows for a business investor and/or their employees to come into the United States for work. The maximum amount of time this Visa grants in the United States is two years, the good news is that there is no limit to how many times it can be renewed. This Visa can also be given to the spouses and children (unmarried & under the age of 21) of those who qualify. Once accepted they will be granted the same period of stay as the investor or the employee.

 

However, like any other visa, there are plenty of stipulations that one must meet before qualifying for the E-2 Visa. The first being that the Investor interested in obtaining the E-2 Visa must be a “Treaty Investor” meaning said investor must come from “…a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation”. A list of qualifying countries can be found here. The treaty investor must also have invested or be in the middle of investing a substantial amount of capital into a business in the United States. That same capital must be shown to be sourced from non-criminal activities. On the other hand, the employee applicant must be from the same nationality as the investor, while also being part of the managerial branch of the business, or have special qualifications for said business.

 

The E-2 Visa is a great tool for those who seek to grow their business in the United States while bringing specialized and essential employees along with them. At the same time it allows for those employees to work outside of their home country for two years at a time without fear of leaving their family behind.

 

Do you want to learn more about the E-2 Visa? Do you have more questions regarding immigration? Our team of experts here at Bankers Hill Law Firm, APC can help you with all of your immigration inquiries. With our 30 years of legal experience we can help you reach your immigration goals! Please contact us at 619-230-0330 or info@bhlflaw.com and schedule an appointment. A Spanish interpreter is available.

When first looking at the catalog of Visas the United States has to offer, one can be perplexed and overwhelmed as an immigrant. Thankfully resources such as law firms allow us to make the right decision when picking a Visa that is right for us.

The Main Reasons for Car Accidents

Distracted Driving

 

Over 3000 people were killed from accidents involving distracted driving in 2019 (National Highway Traffic Safety Administration). This includes any behavior that takes the driver’s attention away from the road, such as eating, texting, talking, listening to music, or daydreaming.

 

Speeding

 

According to the National Highway Traffic Safety Administration, speeding accounts for around one third of all vehicle accidents. There is a common belief that going 5-10 mph above the speed limit is not considered speeding, but what is considered a safe speed always depends on the context. On a sunny day, going 5 mph above the limit would be considered relatively safe, but a rainy day might call for a stricter or even slower interpretation of the speed limit. Note that even 1 mph over the speed limit is illegal and grounds for being written up with a fine if you are pulled over. 

 

Alcohol, Marijuana, and Opioids

 

In California, it is illegal to drive with a blood alcohol content of 0.8% or more. The Virginia Tech Transportation Institute argues that driving under the influence is the most dangerous form of distracted driving – their studies find that the influence of alcohol and drugs multiply crash rates by 36 times. The manifestations of these findings are apparent in CDC data that shows that every day, 29 people die because of an alcohol-impaired driver.

 

Fatigue

 

Micro-sleeping happens when drivers are tired and fall asleep for a brief period of time, usually from 1 to 10 seconds. These episodes are dangerous and give opportunity for drivers to lose control of the car. According to the CDC, people who have been away for 18 hours straight have the same cognitive and motor abilities as someone with a blood alcohol content of 0.05%. It is imperative for drivers to get adequate sleep before driving and take breaks when they feel tired. 

 

Weather

 

Rain, snow, and fog visually impair the driver easily. Cold and wet weather can also make roads slippery and thereby make vehicles harder to control. When driving in harsh weather conditions, it is important to drive slower and prepare the car with appropriate equipment to ensure safety. 

The National Safety Council reports that around 4.8 million people were injured in car crashes in the US in 2020. Despite stay-at-home orders and stay at home orders, vehicle-related fatality rates still increased 24% in the last year. Here are some of the top reasons for car accidents. 

Can I be Fired After a Workers’ Compensation Claim?

California’s Labor Code Section 132(a) states that “there should not be discrimination against workers who are injured in the course and scope of their employment” and specifies the legal consequences of retaliation. In the case of discrimination due to a workers’ compensation claim, employees are entitled to an increase of half of their current salary, as long as the total does not exceed $10,000. The employer is also legally required to make up for lost wages and benefits and reinstate the employee’s wrongfully terminated career. 

 

On the other hand, wrongful termination lawsuits can be hard to prove, considering that employers are legally allowed to fire their employees for a variety of reasons. Employers can attribute the termination to work performance, layoffs, changes in the company, or even the injuries that the employee sustained from the workplace. As long as the employer can prove that the employee was not pulling their weight in the office, they have a valid reason for the firing.

 

With that said, what can you, an employee, protect themselves from retaliation?

 

If you feel discriminated against in your office because of your workers’ compensation claim, it is important to gather evidence of causation. You should gather proof that your employer’s behaviors and attitudes towards you changed after you filed for worker’s compensation. Maybe they consistently left glowing reviews on your work until your injury, but became overly critical and negative after, even though your quality of work remained the same.

 

You can also prove that the termination, pay cut, demotion, or discrimination you experienced was against normal protocol: maybe a coworker made the same error but was let off with a warning, whereas you were fired for the same action.

 

Should I still file a workers’ compensation claim even if I might get fired?

 

Yes. Remember, the law explicitly prohibits retaliation. Employees have the legal right to demand workers’ compensation without punishment when they sustain injuries or illnesses from their employment. Even if you do get fired because of your workers’ compensation claim, contact a lawyer and take it to court.

The short answer: no, but your employer can fire you citing other reasons. 

Most states, including California, have laws barring employers from retaliation against their employees when they file a workers compensation claim. Retaliation does not just include firing, but also demotions, pay cuts, threats to termination, or any other disciplinary discrimination. If an employer unjustly fires an employee because of a workers’ compensation claim, the employee has grounds for a wrongful termination lawsuit. 

All You Need to Know About Your DACA

What is DACA?

In 2012, President Obama issued the Deferred Action for Childhood Arrivals (DACA) program, which protects over 800,000 undocumented immigrants from deportation as long as they prove that they arrived in the US before they were sixteen.

 

DACA does not provide a pathway to citizenship for these individuals but grants them the right to stay in the US, apply for a driver’s license, a social security number, and a work permit. Their legal status is subject to renewal every two years based on good behavior. As of December 4, 2020, DACA has reopened applications for individuals not currently enrolled to apply for deferred action. 

Who can apply?

According to the Migration Policy Institute, around 1.8 million people qualify for DACA, but only 800,000 are currently enrolled. The following are the qualifications for eligibility to the program:

  • Be under the age of 31 as of June 15, 2012;
  • Immigrated to the United States before turning 16;
  • Continuously lived in the United States from June 15, 2007, up to the present;
  • Was physically present in the United States on June 15, 2012,
  • was physically present in the US when submitting the request for deferred action
  • Had no lawful status on June 15, 2012, meaning that:
  • Either be currently in school, graduated or obtained a certificate of completion from high school, obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.

Be prepared to show documents that prove each requirement, as well as proof of identity. Applicants must also fill out two forms (I-821D, Consideration of Deferred Action for Childhood Arrivals, and I-765, Application for Employment Authorization) and a worksheet (I-765WS, Worksheet) to apply. Check the USCIS website to make sure you have the latest version of the forms.

 

Fee Exemptions

 

As of January 2021 the application fee for DACA is $495. Applicants making less than 150% than the poverty line who are also in severe debt, have a chronic disability, or are younger than 18 and lack parental support may be eligible for the fee exemption.

 

Be sure to apply for a fee exemption before submitting the official request for DACA. 

 

Can I travel if I am applying for DACA?

 

If you already have DACA, you must apply for advanced parole to travel. Do not travel if your application request is under review, as it might jeopardize or complicate the process.

 

What is happening with DACA now?

 

The Trump Administration automatically rejected new DACA and prohibited current recipients from applying for advance parole. On December 4, 2020, federal judge Nicholas Garaufis of the U.S. District Court in Brooklyn ordered the government to lift the restrictions placed during the Trump administration and restore DACA to its original form.

 

DACA currently is facing a new legal battle in Houston, Texas. The case is a continuation of a 2018 lawsuit against the constitutionality of the Obama-era version of the lawsuit. Texas, along with a coalition of eight other states, argues that DACA forces states to bear unfair financial burdens. Judge Andrew Hanen, who expressed concern for the unconstitutional DACA in 2018, is set to issue a ruling in early April 2021.

 

Get additional information about DACA from the USCIS website here

Ever since President Trump first attempted to rescind the Deferred Action for Childhood Arrivals, (DACA) program in 2017, the policy has become one of the most intensely debated topics in the country’s political and legal battlegrounds. What is DACA? Who qualifies? And what is happening now?

San Diego’s Personal Injury Attorney

Justice requires that a person or corporation be held accountable when they cause injury to another through their negligence or reckless conduct. In our civil legal system, the way this is handled is through personal injury law firms for money damages. It’s enough stress and heartache coping with a catastrophic loss, so an assertive San Diego law firm will work to make sure their clients are not burdened with having to pay doctor bills, hospital bills, or funeral expenses for an accident or injury that was someone else’s fault. While no amount of money may make up for a serious injury or the loss of a loved one, Bankers Hill Law Firm will fight to get the maximum compensation for our clients because we care about our clients.We can assist you in recovering compensation for a car accident. Speak to a professional personal injury attorney at Banker’s Hill Law Firm by calling (619) 230-0330

Extraordinary Results for Ordinary People

Simply put, a trusted personal injury law firm has one effective philosophy: extraordinary results for ordinary people. They will provide the general public in San Diego with the same extraordinary representation that corporate clients receive. A solid personal injury law firm is motivated by genuine care of individuals injured in an auto accident, motorcycle accident, or in the unfortunate event of brain injury, pedestrian accident, dog bite, or wrongful death. A professional team of trial lawyers will show no favoritism and will diligently represent the plaintiff exclusively in cases involving injury and loss.

Immigration Law Firm

Justice requires that a person or corporation be held accountable when they cause injury to another through their negligence or reckless conduct. In our civil legal system, the way this is handled is through personal injury law firms for money damages. It’s enough stress and heartache coping with a catastrophic loss, so an assertive San Diego law firm will work to make sure their clients are not burdened with having to pay doctor bills, hospital bills, or funeral expenses for an accident or injury that was someone else’s fault. While no amount of money may make up for a serious injury or the loss of a loved one, Bankers Hill Law Firm will fight to get the maximum compensation for our clients because we care about our clients.We can assist you in recovering compensation for a car accident. Speak to a professional personal injury attorney at Banker’s Hill Law Firm by calling (619) 230-0330

Serving Individuals and Families From Any Country

Simply put, a trusted personal injury law firm has one effective philosophy: extraordinary results for ordinary people. They will provide the general public in San Diego with the same extraordinary representation that corporate clients receive. A solid personal injury law firm is motivated by genuine care of individuals injured in an auto accident, motorcycle accident, or in the unfortunate event of brain injury, pedestrian accident, dog bite, or wrongful death. A professional team of trial lawyers will show no favoritism and will diligently represent the plaintiff exclusively in cases involving injury and loss.

Personal Injury Pedestrian Attorney

In its report on the increase in pedestrian deaths, the IIHS offered several suggestions on how deaths among those on foot near roadways could be reduced. The researchers’ suggestions included: According to the roadway safety researchers at the Insurance Institute for Highway Safety (IIHS), pedestrian deaths hit an all-time low in 2009, when 4,109 pedestrians died in motor vehicle-related accidents. Since 2009, however, pedestrian fatalities have been climbing. In 2016, the IIHS reports that 5,987 pedestrians died on the road. This is a 46% increase over the total number of pedestrian deaths in 2009, and it is the highest number of pedestrian fatalities since 1990, when 6,482 pedestrians died in traffic accidents. While the total number of motor vehicle accident deaths has risen starkly, pedestrian deaths alone account for 52% of the increase in highway fatalities between 2009 and 2016. While experts are still searching for explanations for the jump in fatalities, many believe that the epidemic of distracted driving is at least partly to blame.

Better vehicle design: Many vans and SUVs have vertical front ends which are perched higher than those of sedans, making them uniquely able to impose fatal blows to pedestrians’ critical organs in an accident. In fact, studies show that areas with a greater number of SUVs and vans experience higher rates of pedestrian fatalities. Encouraging vehicle manufacturers to redesign these vehicles could make them less dangerous to pedestrians.

More crosswalks: When pedestrian crosswalks or intersections are few and far between, pedestrians are more likely to cross between intersections and get hit. Adding marked, lit, and even signal-controlled crosswalks can keep walkers safe.

Combating texting while driving: Distracted drivers are a danger to everyone with whom they share the road, but they’re even less likely to see smaller objects such as pedestrians and cyclists than other cars.If you or a loved one has suffered serious injuries in a Southern California pedestrian accident, find out if you have a right to money damages for your injuries from a personal injury lawsuit by contacting the dedicated and effective San Diego traffic accident lawyers at the Banker’s Hill Law Firm for a free consultation at (619) 230-0330

Pedestrian Fatalities Have Risen Sharply in Recent Years

Despite numerous recent advances in vehicle safety technology, the number of deaths on US roads has increased steadily over the past few years. No category of roadway fatality has grown faster, however, than those among pedestrians. Read on to learn more about the rise in pedestrian deaths and ways to combat this pattern, and contact a knowledgeable San Diego personal injury lawyer for more information.