Month: June 2018

What makes or constitutes a wrongful death case

A wrongful death claim is brought against a defendant when they have caused the death of someone either by being negligent or by intentionally harming them. The claim is usually filed by the estate of the deceased person against the party that is liable for the death. The representative of the estate is the one who usually files on behalf of the surviving family members and other affected parties. The settlement amount is determined by measuring the amount of pecuniary injuries. Pecuniary injuries is defined as containing the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Pecuniary damages also takes into account the age and condition of the decedent, his/her earning capacity, life expectancy, health, and the circumstances of the distributees.

Negligence can be defined as several things such as medical malpractice, automobile or airplane accident, occupational exposure to hazardous conditions or substances, and criminal behavior and death during a supervised activity. Another aspect of a wrongful death case that needs to be proven in order to get financial compensation is breach of duty.
Breach of duty is the defendant’s failure to fulfill the duty that he/she had to the decedent. The plaintiff has to establish what this duty was and whether the defendant violated it by being negligent as well as being the cause of the death.
Causation proves that the defendant’s actions directly caused the death of the decedent. Finally, the lawsuit has to show that the death caused quantifiable damages.
Damages to the estate of the family include hospitalization, medical expenses, funeral and burial costs, loss of income and potential earnings, loss of protection, guidance and inheritance along with pain and suffering of the victim prior to death.

The entire civil action process can be exhausting and complicated, so it is essential to hire a reputable and experienced lawyer that can improve your chances of receiving an appropriate settlement. The Law Office of Martha Dahdah uses strong communication skills along with their round the clock phone answering to make sure you feel fully represented. Call The Law Office of Martha Dahdah today for your free consultation!

Posted on Monday, June 18th, 2018

Do you need an attorney for a personal injury at work?

The moments after getting injured at work, or in a public place, is important and at times time-sensitive. The most important thing to do is to look after your health. It is important to look at what your legal options are as soon as you are physically and mentally ready and out of danger.

Here is a list of the steps that should be taken after suffering a personal injury:

–Collect all of the evidence you possibly can in order to preserve your right to file a good claim for your personal injuries. By collecting evidence that can show who caused the accident, as well as the damage caused by the accident, you can give proof as to why you should be compensated for your suffering. Photographs tend to be a crucial part of this process.

–Keep an accurate track of any lost wages that may have occurred due to your accident as well as any expenses that you may have amassed such as medical bills and hospital visits after the accident. This will be used to determine how much you should be compensated.

–Any and all information is useful to help strengthen your case. Names, contact information and testimonies from any witnesses should be acquired as soon as possible.

–Let whoever it may concern that you are planning to file a claim for your personal injuries and property damage. By providing notice of an upcoming claim, you are preserving your rights and preventing the other parties from defending against a lawsuit by arguing that you waited too long to inform them of your injuries.

–It is important to file your claim in a timely manner and to be aware of your state’s statute of limitations. These statutes vary by state and inform you of the maximum amount of time you have to bring certain types of lawsuits.

This process can be very time-consuming, tedious and costly. Thankfully, The Law Office of Martha Dahdah has extensive experience handling these types of cases and can help you with every step of your claims process. Have your case reviewed at no charge for consultation today!

Posted on Monday, June 11th, 2018

Marijuana Impaired Drivers

Certain prescription and recreational drugs have the potential to impair driving which can lead to minor, or at times fatal, crashes on the road. Marijuana-impaired driving is an issue that is on the rise due to the more lax rules throughout the country regarding its recreational use. Marijuana, or cannabis sativa, is the plant that is ingested through smoking the plant material (leaves, flowers, seeds and stems) or by eating food products laced with an active ingredient of marijuana. The primary psychoactive substance found in marijuana is delta-9-tetrahydrocannabinol or THC. THC is primarily associated with the psychoactive effects that occur when ingesting marijuana plant material. It creates this effect by binding with certain receptors in the brain and being the underlying cause of behavioral and cognitive effects. THC is also primarily stored in the fatty tissues of the body which contributes to it continuing to be released back into the bloodstream sometimes long after ingestion, with some studies detecting THC in the blood up to 30 days after ingestion. The difference between alcohol and marijuana is that marijuana is classified as a Schedule I substance under the Controlled Substances Act. Marijuana, like alcohol, has been shown to affect numerous driving-related skills. It can impair abilities such as reaction time, which could be dangerous in case the need for emergency braking were to arise, road tracking, which causes difficulty in lane position variability, decreased divided attention, which doesn’t allow for target recognition, cognitive performance which impairs the ability to maintain attention and executive functions which affects route planning, decision making as well as risk taking. While many of these studies are still in their infancy, with California still not having instituted any marijuana impaired driving laws, as well as very little on-road traffic accidents that are caused by marijuana impairment playing a major role, the decision to get behind the wheel of a car should always be taken seriously and with every precaution carefully taken.

Call The Law Office of Martha Dahdah now for a free case review. There’s never an obligation to use our services and you won’t pay a penny unless we successfully win or settle your case.

Posted on Monday, June 11th, 2018

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