Category: Uncategorized

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

How long do you have to file an accident claim?

What happens if you’re in a car accident in Riverside County? How long do you have to file a claim?

You can only file a claim or lawsuit within your state’s liability time limit—also known as a “statute of limitations.” Each state governs its own statutes of limitations, and different types of damages, such as bodily injury or property damage, have different time limits. In California, the statute of limitations for bodily injury and for property/collision/comprehensive damage is the same at 2 years.

How long you have to report a car accident to the DMV or the police also varies by state but in Riverside, California you have up to 10 days. This is usually the case for all accidents that result in injury or that involve more that $2,000 of property damage. Many times, injuries and damage are not apparent until days or weeks later, so I strongly recommend that you always contact the police immediately after an accident. Their report will provide useful evidence for all reports you file with the DMV and with your insurance company.

No matter what type of accident that you’ve been injured in, time is of the essence. The longer you wait to call an attorney, the more difficult it will be to track down witnesses, gather medical records and obtain crucial evidence.

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 Wednesday, May 23rd, 2018

9 things to do after an accident

There are about 10 million accidents each year in the United States and one in three accidents involve personal injury to the driver or passengers. If you are someone that is involved in an accident, there are certain steps that you can take to protect yourself and your interests. I have put together a list of 9 steps that you should take in the unfortunate chance that you are involved in an accident:

  1. Stop and get to safety- You never want to leave the scene of an accident, even if it’s a minor one. If you’re not too hurt to move, get your car over to a safe area where it can be out of harm’s way, if you’re not able to move your car, turn on the hazards and get yourself to safety.
  1. Check others-  Make sure that none of your passengers, pedestrians and/or people involved in the accident are seriously injured. If they are, call for emergency medical attention or ask a bystander to call for help.
  1. Call the police- Even if the accident is minor, a police report can be a crucial piece of evidence when going through the claims process and can also help establish who is at fault.
  1. Make an accurate record- Make sure to give accurate information, to the best of your ability, to the investigating officer(s) taking your statement. Do not infer or distort any of the facts.
  1. Take pictures- Take photographs of any and all damage sustained to the vehicles involved in the accident. Try to do this as soon as you can after the accident. This will help your insurance adjuster assess how much you should be compensated for the damage to your vehicle as well as possibly aid your attorney in court.  
  1. Exchange info- After making sure you and any other passengers are not injured, gather information from others involved in the accident. You should be getting the names, numbers, addresses, driver’s license numbers, license plate numbers and basic insurance information from all drivers involved. If there are passengers, you should get their information as well, and remember to always be polite and cooperative. Something to remember is to never apologize for anything at the scene of the accident even if you think that you were at fault. In many states, fault is not determinative of which insurer pays for any loss, so don’t admit guilt needlessly.
  1. Notify your insurer- Calling your insurance agent while you’re still at the scene of the accident can help them tell you exactly what they need to process the claim as well as telling you what to expect during the claims process.
  1. Seek medical attention- Many times, the injuries sustained during an accident are not immediately apparent. In most cases, it takes a day or two for those involved in an accident to report feeling the most pain. Unless you are absolutely positive that you are not injured, seek medical attention at your local emergency room.
  2. Protect your rights- Maybe the most important thing to do after an accident is to consult your attorney. Your attorney will make sure that your rights are being protected and have you well-prepared in case you have to give any statements to the insurance companies involved, which often take place soon after the accident.

Many times after an accident, one can feel frazzled and not able to think clearly. Having a personal injury attorney that you can call at any time, will help put you at ease about what the next steps are and how to best protect yourself legally. The Law Office of Martha Dahdah is here to be there for you every step of the way and advise you on issues ranging from collecting full compensation to receiving proper medical treatment.

CALL THE LAW OFFICE OF MARTHA DAHDAH TODAY FOR YOUR FREE CONSULTATION!

Posted on Friday, May 11th, 2018

Handling A Serious Injury

What Is A Serious Injury?

We define a serious injury as any injury that prevents you from working or enjoying the quality of life you enjoyed prior to your accident. We represent car accident victims and their families in all types of injury claims, ranging from whiplash to death. Some specific motor vehicle and car crash injuries we handle include:

  • Whiplash and soft tissue injury
  • Traumatic brain injury (TBI)
  • Closed head injury
  • Brain damage
  • Spinal cord injury
  • Paralysis
  • Back and neck injury
  • Herniated disc injury
  • Shoulder, arm and leg injury
  • Amputations and severed limbs
  • Loss of extremities (fingers or toes)
  • Quadriplegia and paraplegia
  • Blindness
  • Severe scarring
  • Broken bones and bone fractures
  • Death
  • Handling A Serious Injury

Continue reading

Posted on Tuesday, August 8th, 2017

Bus Accident Information

Your Bus Accident Attorney

Did you know that more than 283 people are killed and 24,000 injured annually in bus accidents in the US? While other vehicles get into accidents more than buses, it is important to note that 360 million people take the bus annually and there are more than 450,000 school buses on the road every single day carrying our children. The statistics on bus accidents injuries and deaths are very alarming because a bus usually takes a lot of people and when an accident occurs, most of those people will be injured. Continue reading

Posted on Tuesday, August 8th, 2017

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