Consumer Class Action
Wynne Law Firm prosecutes consumer class actions in a wide variety of contexts. Typically, our clients are individuals who have been subjected to illegal, unfair, or fraudulent business practices. The broad fairness mandate of the consumer laws in this area widely apply to most businesses who sell services and/or products. When an individual contacts us concerning a potential case, we investigate the matter and make appropriate recommendations. If we agree to undertake representation, and the client authorizes us to proceed, we file the case in the appropriate court. We undertake all the costs of the litigation and do not charge the client for our services or our costs unless we obtain a recovery. We typically obtain our fees at the successful conclusion of each case from the money paid by the defendant at the successful conclusion of each case and after court approval.
Consumer class actions generally involve misleading or untrue advertising, overcharging for goods or services, inadequate disclosure of contract terms or fees, and failure to remedy problems or complaints. Many complaints involve insurance, loans, credit card practices, telephone and internet services, banking practices, deceptive advertising of products and services, pyramid schemes, and product defects.
MEDICAL MALPRACTICEMedical Malpractice
Wynne Law Firm represents people seriously injured by medical malpractice throughout the State of California. Medical malpractice is an oversight or omission of the best possible medical treatment available by a health care professional in the care of an individual that results in injury or harm to the patient. Every year thousands of Americans are injured, hospitalized or die from medical mistakes due to wrong diagnosis, hospital negligence or prescription errors and the consequences to the patients and the families of affected individuals can be devastating. It is unfortunate that people are injured when receiving health care, but you should not expect to endure a life of pain and suffering because of someone else's oversight or negligence. If you are hurt or made to suffer because of negligence you may be entitled to compensation for your distress and anguish.
When critical treatment options are overlooked or disregarded in the care of injuries or illness, people suffer and will continue to suffer even long after the treatment is over. In certain cases, medical negligence can have destructive, disruptive or distressing consequences, often altering the life of an individual and their family for years if not a lifetime. Studies have shown that patients that have been harmed in medical procedures rarely sue for damages. According to a study done by the Harvard, only one in every eight instances of medical negligence actually has a claim brought against the medical professional or care facility responsible. In fact, statistics on medical malpractice reveal that for every medical error reported, over 50 go unreported. Don't pay for your healthcare provider's negligence.
If you have been seriously injured by the actions of a doctor, insurance company, hospital, nurse or other medical professional, it is important to contact us to help you protect your legal rights.
We have successfully represented people injured as the result of medical malpractice. Please keep in mind that there are time limits within which you must commence suit. In some circumstances, under California law, you may only have 1 year from the date of the medical malpractice to file a malpractice lawsuit. Further, to successfully prosecute a medical malpractice action, you must have a medical expert who is willing to provide an expert opinion concluding that your injuries and damages are directly attributable to malpractice. Consequently, it is important to retain attorneys who are able to acquire the specialized expert opinions needed when pursuing a medical malpractice claim.
DENTAL MALPRACTICEDental Malpractice
Many different injuries can occur while undergoing dental procedures. These injuries can include: nerve injury to the jaw, lips and tongue, injuries caused by an infection, injuries to the bones of the jaw, loss of a tooth or teeth due to a faulty crown or bridge, loss of a tooth or teeth due to a root canal, injury to the throat due to the dropping of a dental instrument. These injuries and others can be caused as the result of dental malpractice.
An improperly performed root canal where the tooth is perforated or the root canal is not properly and completely filled can result in the loss of the tooth. The failure to use a rubber dam during dental procedures can result in infection or the lodging of a dental instrument in the patient's throat. The failure to properly and timely diagnose conditions can result in the advancement of oral cancer or periodontal disease. The dentist's failure to recommend to the patient to see a specialist for a condition outside the scope of the dentist's ability can result in serious injury including tooth loss, oral cancer, infection, and permanent nerve damage.
Attorneys at Wynne Law Firm have handled dozens of cases in the State of California where persons were injured due to the negligence of a dentist. Please keep in mind that there are time limits within which you must commence suit. In some circumstances, under California law, you may only have 1 year from the date of the dental malpractice to file a malpractice lawsuit. Further, to successfully prosecute a dental malpractice action, you must have a licensed dental expert who is willing to provide an expert opinion concluding that your injuries and damages are directly attributable to malpractice. Consequently, it is important to retain attorneys who are able to acquire the specialized expert opinions needed when pursuing a medical malpractice claim.
If you believe that you have been seriously injured due to dental malpractice, please contact us so that we can discuss your potential case with you.
EMPLOYMENT DISCRIMINATIONEmployment Discrimination
Employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons.
Generally, employers can't discriminate against you in any aspect of employment, such as:
- Hiring and firing
- Compensation, assignment, or classification of employees
- Transfer, promotion, layoff, or recall
- Job advertisements
- Recruitment
- Testing
- Use of company facilities
- Training and apprenticeship programs
- Fringe benefits
- Pay, retirement plans, and disability leave
But to be "illegal" discrimination, your employer must be in violation of a specific state or Federal law regulation, statute or constitutional provision. Otherwise, you are not generally protected from discrimination, no matter how unfair or unethical it may seem.
For example, if your boss is much harder on you than anyone else for no apparent reason, while it might be unethical behavior for a boss, it's not discrimination by law. But if he or she is extra hard on you for a reason that's protected by law, such as your religion, age or sex, then it's illegal discrimination, especially if you suffer damage such as getting passed over for a well-deserved raise or promotion.
States and municipalities are allowed to enact their own employment discrimination laws that include or expand the provisions in the Federal laws such as sexual orientation, smoking or weight, in addition to the discriminations that the Federal laws prohibit. Some states and municipalities refer to their employment discrimination laws as fair employment practices laws, and they are typically enforced by local equal employment opportunity offices or civil rights agencies. Employment discrimination laws do not apply to independent contractors as they are considered to be "self-employed." As such, they are not employees, at least according to labor laws. However, if an employer has improperly classified its employees as independent contractors, then employment discrimination laws might apply.