Feb 08, 2019       Wrongful Death Claims      0 Comments

Symbol of law and justice in the empty courtroom, law and justice concept, blue tone

A loved one’s death may always seem “wrong,” but in the eyes of the law, a wrongful death is defined as one that occurred as a result of another person’s negligence or wrongful conduct. A wrongful death lawsuit may be filed by a personal injury lawyer on behalf of surviving family members.

While it can’t bring the decedent back, a wrongful death claim may help the surviving family seek closure for their loss and justice on behalf of their loved one. Like other civil lawsuits, wrongful death claims are subjected to statutes of limitations.

What Is a Statute of Limitation?

A statute of limitations is a regulation that prohibits legal claims made after a certain period of time. There are statutes of limitations for both criminal and civil actions. A wrongful death lawsuit is a civil action.

Statutes of limitations are established by the states, and so the time limits can vary from one state to the next. Within one state, there are different statutes of limitations on different types of legal actions. For each, the clock begins ticking on the date that the incident happened, the date it was discovered, or the date on which reasonable efforts could have discovered it.

If your loved one lost his or her life due to the negligence or misconduct of another person, the statute of limitations places a deadline on your legal right to file a lawsuit. It is crucial to understand the deadline for this type of legal claim because you will forfeit your right to file a lawsuit unless you consult an attorney in a timely manner.

Statute of Limitations for Wrongful Death Lawsuits in California

The California legislature has determined that surviving family members may only file a lawsuit against a negligent party for the wrongful death of their loved one if they do so before two years have passed. This two year statute of limitations is applicable for all types of wrongful death claims in California. It includes wrongful death stemming from car accidents, premises liability, medical malpractice, product liability, toxic substance exposure, and work-related deaths.

How Long Should Family Members Wait to File a Claim?

Two years might seem like a long time, especially in the wake of a loved one’s death when grief and mourning take priority. However, it is in the best interests of the family to contact a personal injury attorney as soon as possible. Long before a lawsuit is filed, the lawyer must conduct a pre-filing investigation. Since evidence can degrade over time and the memories of eyewitnesses can become unreliable, it’s best to begin this process right away.

Protect Your Legal Rights

Due to the risk of the statute of limitations expiring, it’s in the best interests of surviving family members to contact a Los Angeles personal injury lawyer at the Salamati Law Firm as soon as possible. We will review your case free of charge, with no obligation to you. Every case is important to us, and every client receives the same caliber of uncompromising care and attention.

We understand that the loss of a loved one is a devastating tragedy that can never truly be mitigated. However, we sincerely hope that holding accountable those who are responsible for your loved one’s death will bring your family peace. For the vigorous legal advocacy services you need and the compassionate care you deserve, reach out today.

  Feb 05, 2019       Wrongful Death Claims      0 Comments

Wrongful Death report and gavel in a court.

When the sudden loss of a relative or loved one is caused by the negligent actions of another party, litigation cannot alleviate your pain, heartache and suffering. However, legal action may provide the financial resources for surviving family to surmount the enormous economic burdens imposed by an untimely and unjust passing. Every state has different rules pertaining to wrongful death claims. In California, family members of the decedent can pursue damages in a wrongful death claim with the aid of a knowledgeable personal injury lawyer. Effective representation in Los Angeles is available at Salamati Law, where our legal team is committed to educating clients about their rights, and the elements necessary to prove a wrongful death.

California wrongful death claims – a civil case for damages

A wrongful death lawsuit is a civil action that seeks monetary reparations for the passing of a loved one. This legal procedure is different than a criminal prosecution for wrongful death, which does not award damages to surviving relatives. The individual or people who file the wrongful death claim are known as the “plaintiffs.” The plaintiff is usually the surviving spouse, children, parent or legal civil partner of the deceased. In some situations, a court-appointed executor of the decedent’s estate or personal representative will act as the plaintiff.  Damages awarded in a wrongful death case will account for the loss of love, guidance, companionship and financial support as well as compensation for emotional suffering, sorrow and grief. Plaintiffs can seek to recover both economic and non-economic damages for the wrongful death of a loved one, and while the majority of claims are resolved through pre-trial settlements, others may go before a jury.

Elements necessary to prove a wrongful death

In order to file a wrongful death lawsuit, the plaintiff must present certain legal elements. The plaintiff must also supply adequate evidence to meet the burden of proof in California, which supports your allegations that the willful acts or negligence of another party caused or contributed to the wrongful death.

These four elements are:

  1. A Duty of Care Existed – the plaintiff must prove that the defendant owed the decedent a “duty of care.” As an example, all motorists have a duty of care, or obligation, to follow the rules of the road to avoid accidents and injury.
  2. The Duty of Care is Breached -- the plaintiff must also prove that the defendant failed to adhere to their duty of care to the decedent. A person who drives while texting or under the influence of alcohol is breaching their duty of care to other drivers, pedestrians and bystanders.
  3. Causation – This element is perhaps the most critical. Plaintiffs must also show that this specific breach was responsible for the death in question. Even if the defendant was driving while drunk, if the decedent was killed because his car’s brakes failed, there is not a valid claim for damages.
  4. The Death Resulted in Hardships for the Survivors – the plaintiff must also show that surviving family members have suffered physical, emotional and financial losses because of the wrongful death.

Sufficient proof of negligence will hinge on the circumstances of the accident that caused the death. A breach of duty can be negligent property maintenance, surgical errors, violating traffic laws or even failing to warn consumers about a product’s side effects or risks.

Statute of limitations for wrongful death actions

Under California law, surviving family members and members of the estate have just two years to take legal action after the wrongful death of a loved one. When tragedy strikes and a fatal crash leaves you bereft of a mother, father or child, your first step should be consulting a car accident attorney at Salamati Law for sound legal guidance.

No matter what the circumstances, proving liability for a wrongful death is no simple task. Although your legal counsel is not required to present a preponderance of evidence to prevail, they must have compelling evidence that bolsters the credibility of a claim.  For this reason, among others, it’s best to align yourself with a reputable Los Angeles personal injury lawyer at Salamati Law. Call today to schedule a free case review. Our team is available to take your call 24/7.

  Jan 30, 2019       Elder Abuse      0 Comments

Elder Abuse

According to the National Council on Aging, approximately 10 percent of all U.S. adults over the age of 60 have suffered some type of elder abuse – be it physical, emotional or financial. Thousands of cases of elder neglect, abuse and exploitation go unreported, as many seniors are reluctant to or incapable of asking for help.

Social workers, nurses, physicians and other health care and medical professionals are legally obligated to report suspected cases of nursing home abuse. For others – especially family members who have placed a loved one in a nursing home or residential facility – it’s important to keep alert for signs that something is amiss.  Whether it’s a rash of unexplained bruises, falls or a sudden change in your loved one’s personality, there are several ways to report signs of nursing home abuse in California.

Who investigates elder abuse complaints?

If the elder abuse involves a family member or loved one in a nursing home or other type of skilled nursing facility, the state’s Long-Term Care Ombudsman will generally have jurisdiction over investigating and resolving the complaint.  This agency, which is administered by the California Department of Aging, oversees complaints of alleged abuse or neglect that take place in nursing homes, intermediate care facilities, adult day health care facilities, and other residential centers for seniors.

The Long-Term Care Ombudsman's offices investigate complaints of abuse and are provided legal access to the facility or nursing home in question. There, they will interview personnel and health care aides and attempt to resolve the complaint. It is important to note that the Ombudsman does not have direct authority over a nursing home, or other government-funded facility. They can, however, help family members file a formal elder abuse complaint with the California Department of Public Health or Adult Protective Services.

Adult Protective Services (APS) also handles reports of elder abuse, neglect and exploitation. If you file a report with APS in California, one of their professionals will screen the details of the complaint to determine if the agency has authority to move forward.

What happens after you file a complaint?

If so, a trained APS case worker will make an immediate in-person visit to the alleged victim in situations involving threat of imminent danger. Otherwise the case worker will contact the victim within ten days. It is the case worker’s job to develop a close relationship with the victim in order to establish trust during the investigations.  If the case worker discovers evidence of criminal activity, they will report their findings to local law enforcement. An APS case worker will develop a plan for the victim that best suits their individual needs.

According to California Health & Safety Code §1420(f), case workers must issue any citations resulting from its findings within 30 days of completing the abuse investigation. Depending on the violations incurred, the DPH can impose fines on the facility.

Investigations of nursing home neglect or abuse that were filed on or after July 1, 2018 must be completed within 60 days under California law. In some circumstances, this deadline can be extended in additional 60 days.

Legal help for nursing home abuse victims in California

Sean Salamati is an experienced elder abuse lawyer in Los Angeles who can help families navigate the process of complaint investigations and pursue available legal remedies. Call 855-583-6837 to arrange a complimentary case review today. Se habla español.

Additional Resources:

  1. A Place for Mom, How to Identify Elder Abuse and How to Report It https://www.aplaceformom.com/blog/for-professionals/2-26-16-identifying-elder-abuse/
  2. Administration for Community Living, Prevention of Elder Abuse, Neglect, and Exploitation https://acl.gov/programs/elder-justice/prevention-elder-abuse-neglect-and-exploitation
  3. California Department of Social Services, Adult Protective Services (APS) http://www.cdss.ca.gov/Adult-Protective-Services

  Jan 29, 2019       Motorcycle Accidents      0 Comments

Driver riding motorcycle on the empty asphalt road

California requires all motorcycle riders - both drivers and passengers - to wear a helmet on a motorcycle, motor-driven cycle, or motorized bicycle. It is not even legal for a motorcycle passenger to ride with an unhelmeted driver. What happens if you are injured in a motorcycle accident while not wearing a helmet? You can likely still sue for damages but it may impact your financial recovery.

Liability for motorcycle accidents in CA

If you are like many Los Angeles bikers, you may be tempted to feel the wind through your hair as you hit the Southern California highways. Not only is this extremely dangerous, it could reduce your settlement or verdict if you are injured in an accident.

Since California follows a negligence-based theory of recovery, if a motorist is injured because of another driver’s negligence, he or she can typically hold the negligent driver liable. This means the negligent driver could be responsible for both financial and non-financial losses caused by the accident, from medical bills to lost wages, to funeral bills, and physical and emotional pain and suffering.

However, California also follows comparative fault rules. If a plaintiff is partly to blame for the accident or injuries, his or her recovery is reduced in proportion to fault. Theoretically, even if a plaintiff were 99% at fault, he could recover the 1% of damages caused by the other party, though this may not be practical.

Comparative fault and motorcycle accidents without helmet

Under California Vehicle Code Section 27803, riding a motorcycle without a helmet is a ticket-able offence, subject to a fine of up to $100. However, studies have found that helmets have saved the lives of thousands of people and thousands more have died because they did not wear a helmet. Clearly the cost of riding without a helmet is far more than a $100 fine.

When it comes to comparative fault, the key question is whether the injured party’s actions contributed to the injury. For example, if the motorcyclist suffered a serious head injury that could have been avoided with a helmet, this will likely lead to a significant reduction in financial award. However, if the accident caused injuries such as broken bones and bruising that would not have been avoided with a helmet, there may be no finding of contributory negligence to reduce the award.

What to do after a Southern California motorcycle accident

If you have been involved in a motorcycle accident in CA, it likely did not take long to start receiving calls from insurance adjusters looking to make a quick, unfairly low settlement. If you were not wearing a helmet at the time, they may even tell you that you are not entitled to any money. Rather than speaking with the adjusters directly, retain a Los Angeles motorcycle accident lawyer who will handle all communications.

The personal injury lawyers at the Salamati Law Firm understand the physical and financial impact of serious motorcycle accidents and always fight for full and fair compensation. Call today to schedule a free confidential consultation.

Additional California motorcycle helmet law resources:

  1. California Legislative Information, Vehicle Code Article 7. Motorcycles [27800 - 27803], https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=VEH&division=12.&title=&part=&chapter=5.&article=7.
  2. State of California Department of Motor Vehicles, Motorcycle Handbook Preparing to Ride, https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/dl655/mcycle_htm/preparing

  Jan 23, 2019       Brain Injuries      0 Comments

Doctor analyzing human skull x-rayA traumatic brain injury (TBI) is an injury that results from a jolt impacting the head, a direct blow to the head, or rapid movement of the head back and forth. TBIs contribute to almost 50,000 fatalities annually, according to the U.S. Centers for Disease Control and Prevention, and are at least a factor in roughly 30% of all deaths from injuries. In the last year for which statistics are available, approximately 2.8 million hospitalizations, emergency department visits, and fatalities occurred that were related to TBIs.The Length of a TBI Can Vary WidelyHow long can a TBI last? If we focus on the effects of a TBI, the length can range from a few days to the rest of a patient’s life. That’s because, even though TBIs can be characterized as one type of possible injury, the actual injuries one can sustain vary widely. One of the most common types of TBI, for example, is a concussion, which results from the brain being jostled back and forth inside the skull. Patients can recover from the effects of a mild concussion with appropriate bed rest and lack of activity within several weeks.But the impact of other types of TBIs can be much more serious. Severe head injury can cause multiple effects, including difficulty in cognition, dizziness, and loss of focus. Physically, severe head injuries can cause motor and muscle impairment. Both these types of symptoms may resolve with appropriate medical interventions and therapy. But others may be permanent.Impact on the Brain?There is also a growing body of evidence that even TBIs that seem to successfully resolve may cause lasting injury to the brain. Some studies indicate that concussions sustained relatively early in life, in high school or college sports, for example, have left an impact on the brain that may manifest later.There is also some evidence that repeated concussions, even if the person seems to recover, can lead to increased brain impairment and psychological symptoms such as depression.As a result, the answer to the question “how long can TBIs last?” has become more complicated. Researchers are still studying whether TBIs that appear to have healed by all outward appearances have left injuries on the brain.Experienced TBI Attorneys in Southern CaliforniaIf you or a loved one has sustained a TBI, you have our sympathy. Serious TBIs can affect your life permanently, with both physical and psychological symptoms. Your ability to hold a job, interact with family and friends, and your quality of life can all be negatively affected.In addition, you may face steep medical bills for hospital, doctor, and therapeutic treatments.If you need to talk to an experienced TBI personal injury lawyer in the Los Angeles area, call Sean Salamati today at 800-957-9898. The Salamati Law Firm has an exceptional record of obtaining justice for their TBI clients. We will provide a complimentary consultation. Payment comes from any final jury award or settlement amount.Additional Resources:

  1. U.S. Centers for Disease Control and Prevention. Recovery from Concussion. https://www.cdc.gov/headsup/basics/concussion_recovery.html.
  2. U.S. Centers for Disease Control and Prevention. TBI: Get the Facts. https://www.cdc.gov/traumaticbraininjury/get_the_facts.html.

  Jan 23, 2019       Slip Trip and Fall      0 Comments

Traveler with suitcase in airport concept.Young girl  walking with carrying luggage and passenger for tour travel booking ticket flight at international vacation time in holiday rest and relaxation.

Plane crashes and acts of terrorism are most likely to come to mind when you think of injuries at the airport or on planes. But many other, less violent accidents occur every day at airports and planes around the world. In fact, airports are prime locations for slip and falls, given that they are typically chaotic places full of hectic passengers rushing to get to their gates on time. If you slipped, fell, and sustained in juries in an airport or on a plane, or if you sustained any other injuries from rogue food carts or falling baggage, it’s in your best interests to consult a personal injury lawyer as soon as possible. Learn about your legal rights and determine if you could have the basis to file a lawsuit. You shouldn’t have to pay for injuries that were someone else’s fault.

What happens if you slip and fall at an airport?

Airport slip and fall cases can be particularly tricky, which is why it’s important to hire a personal injury lawyer who has extensive experience in this area. These cases are complicated by the presence of multiple businesses within the airport. In any given airport, there can be dozens of restaurants, shops, and similar establishments. The question of who is at fault for your injury depends on exactly where you were in the airport when you slipped and fell.

For example, if you were dining at an eatery and slipped on some liquid that a waiter had left on the floor, then the lawsuit may be filed against that eatery. But if you were injured in a main area of the airport, away from an individual establishment, then you may file the lawsuit against the airport itself. On the other hand, if you tripped and fell on an uneven airplane ramp, then the lawyer might determine that it’s most appropriate to file the claim against the airline responsible for maintaining that ramp.

What happens if you’re injured on a plane?

Airlines are legally responsible for doing everything possible to ensure the safety of all passengers. That includes ensuring a safe passage down each aisle. In some cases, a slip and fall on an airplane may be found to be the fault of the airline itself. Even in cases of “acts of God,” such as in-flight turbulence, the airline might be held liable if it’s determined that the pilot failed to check the weather conditions or that the attendants failed to properly advise passengers to fasten their seatbelts when appropriate.

Where to find legal help in Los Angeles, California

Learn about your legal options and rights, and get your case evaluated by an experienced personal injury lawyer in southern California. The Salamati Law Firm has been helping accident victims in Los Angeles for more than 20 years. Los Angeles slip and fall lawyer Sean Salamati provides vigorous legal representation in and out of the courtroom to ensure that you receive maximum compensation for your injuries, lost wages, and other losses. Call The Salamati Law Firm at 855-338-0812 today to find out if you may have a case.

Additional resources for slip and fall victims:

  1. Travel Channel, How to Stay Safe at the Airport, https://www.travelchannel.com/roam-blog/news-deals/how-to-stay-safe-at-the-airport
  2. Quartzy, Overstuffed Carry-On Bags Are Causing a Serious Safety Hazard, Say Flight Attendants, https://qz.com/quartzy/1289295/the-basic-economy-era-heavier-carry-on-luggage-has-increased-risks-on-board/

  Jan 14, 2019       Auto Accidents      0 Comments

 road accident sceneA car accident of any degree of severity can throw your life off track, and dealing with its aftermath can seem like a full-time job in itself. Before you make any major decisions, consider talking to a car accident lawyer. An experienced attorney can address all of your questions, like whether taking time off from work after the crash might affect your claim or compensation.

The onset of car crash injuries

It’s usually not a good idea to return to work immediately after an accident, especially if you haven’t seen a doctor yet. You may have injuries that you aren’t aware of. During an accident, your body releases a surge of adrenaline that can mask the symptoms of injuries, some of which may be serious. Another consideration is that some injuries are not evident until a day or two after the accident. One common example is whiplash, which might develop as late as 72 hours after the crash.Because of the potential for late-onset symptoms and slow-developing injuries, you should receive a full medical evaluation before considering going back to work. You’ll also need to see a doctor to substantiate your legal claim. If you need to have medical bills reimbursed by the insurance company, or if you need to file a personal injury lawsuit, you’ll need those medical records to document your losses.

The advice of your doctor

You should always follow your doctor’s advice in the wake of an accident. You should also get that advice in written form. If your doctor suggests that you take time off work, ask her to write a note to that effect. Even if your employer doesn’t require a doctor’s note, you may need that written documentation to substantiate your legal claim.Too many accident victims try to return to work too soon after being injured. They might worry about the burden placed on their co-workers or they may be concerned about the lost wages. But it’s not a good idea to return to work before you’re medically cleared to do so, especially if you have a physically demanding job. This could only slow your recovery. It may even worsen your injuries, which could complicate your legal claim.

Your legal claim

Keep track of the number of days you’re out of work. Your personal injury lawyer can add your lost wages to your compensation demand. You might be using up sick days or vacation days to recover from your car crash injuries, and you may still be entitled to receive compensation for them. The value of each sick day or vacation day is one full day’s wages. Let your lawyer know about the logistics of your time off, and he’ll do everything possible to help you recover compensation for those lost days.

Get customized legal guidance tailored to your situation

Thousands of car accidents occur in the U.S. every year, but no two car accident survivors are alike. After a crash, you need personalized legal guidance you can count on. You can turn to Sean Salamati, an accomplished car accident lawyer in Los Angeles. At the Salamati Law Firm, you’ll receive the personalized client care and the informed guidance you need to put your life back together after your accident. Call (213) 372-0218 or email info@salamatilaw.com to request your confidential consultation.

Additional resources for car crash victims

  Jan 10, 2019       Auto Accidents      0 Comments

car accident sceneMost of the time, drivers involved in a car accident will stop and stay on the scene until police arrive.But sometimes, a driver involved in an accident speeds away before either the police or other drivers can obtain their name or insurance. They may not even get a good glimpse of the driver. It’s called a hit-and-run accident. Drivers might do this because they are frightened of the consequences, impaired by alcohol or drugs, or even because they are afraid of losing their licenses or having an accident on their record.But it’s often important to find the hit-and-run driver, especially if that driver was responsible for the accident.Here are steps to take to find the hit-and-run driver.1. Call the policePolice should be called in any accident, and a hit and run is no exception. An officer will get the information about what happened and file a police report. The police report is an important piece of information for your insurance carrier, so be sure to have it with you when you call your insurance company.The police can also try to contact witnesses. Passersby, other motorists, or people in nearby houses can all have seen something that could identify the car (such as a license plate) or, failing that, could identify the car or the driver.The police can match a full license plate to the driver. From there, the driver can be located, as the driver’s address and contact information will be associated with the license plate. Police can also attempt to identify the car if they have enough information about it.Police may also know if there are surveillance cameras on streets, traffic lights, or other locations nearby. If there are, surveillance cameras can be used to identify the license plate. If there are cameras but they didn’t capture the entire license plate, they may have captured other identifying information that will help the police locate the driver.2. Ask witnessesYou can also ask people who were around at the time of the accident if they saw the car, its license plate, or identifying details of the car or the driver. A hit-and-run driver may speed, for example, or stop very quickly to pick up a waiting passenger. They can give you clues that you could use to take to the police.If you were in a mall, for example, you can canvass businesses to ask if anyone saw anything about the accident.

When You Need a Seasoned Car Accident Attorney in Southern California

Leaving the scene of an accident is a crime. If you or a loved one was in a car accident caused by a hit-and-run driver, call the experienced auto accident lawyers at Salamati Law Firm, 800-957-9898. Sean Salamati has been obtaining justice in Los Angeles car accidents for decades. Let him put his experience to work for you.Additional Resources:
  1. State of California Department of Motor Vehicles. https://www.dmv.ca.gov/portal/dmv.
  2. Tips for Handling A Hit And Run Driver Claim. DMV.org. https://www.dmv.org/tips-for-handling-a-hit-and-run-driver-claim.php.

  Jan 08, 2019       Auto Accidents      0 Comments

Car accident

If your car has been damaged in an accident, you have likely had the experience of dealing with an insurance adjuster who comes up with an estimate of the parts that need to be repaired or replaced and the value of the mechanic’s time to do the necessary repairs. The dollar value of those parts and repairs, however, is not the same as the value of the damage to your vehicle. When you are in a serious accident, most insurance companies use what is known as the “17c Formula” to determine the loss in value to your car. Those insurance companies will then generally offer compensation that is a function of the 17c Formula’s results.  

Based on their many years of experience in representing victims of automobile accidents, the attorneys at the Salamati Law Firm in Los Angeles know that the real loss in value to your car after it has been in an accident can be dramatically different that the 17c Formula estimate used by the insurance company. We represent car accident victims to recover the maximum amount of damages for both the loss in the value of their vehicles and the injuries that they suffer as a result of accidents.   

How the 17c Formula Works

The 17c Formula applies a 4-part analysis to determine how much value a car loses after it was in an accident:

  1. Start with the car’s value before the accident, as determined by the Kelly Blue Book or some other objective source.
  2. The maximum loss in value will be set at an arbitrary 10% of that pre-accident value. For example, if your car was with $15,000 before an accident, an insurer will assume that it will lose no more than 10% of that amount, or $1,500 in value, as a result of the accident.
  3. Adjust that maximum loss in value by a multiplier that is set according to the level of structural damage to your car. Moderate structural damage, for example, is assigned a multiplier of 0.5, and that $1,500 maximum loss in value then becomes $750.
  4. Adjust that value again by the car’s actual mileage. If the car had 50,000 miles on it, for example, its loss value will be further adjusted by 0.6. The $750 loss in value then reduces to $450.

The net of this example is that a car that had a value of $15,000 before the accident will then have an adjusted value of $14,550 after it has been fully repaired.

How the 17c Formula Gets it Wrong

Professional damage appraisers have criticized the 17c Formula as failing to consider flood and fire damage, bumper deflections, accident history, and airbag deployment, all of which can reduce the value of a vehicle that has been in an accident. After an insurance adjuster has estimated the value of repairs and all those repairs have been completed, the car’s real retail value will often be substantially less than the value of a comparable car that has not been in an accident.

When your car has been damaged in an accident and you have filed a lawsuit to recover the car’s loss in value from the accident, the negligent party’s insurance company will generally argue that the 17c Formula is the best tool for an objective analysis of the value of the loss. A knowledgeable and experienced car accident attorney will know to reject that argument and will rebut it with a professional appraisal of the loss that is specific to the car.

Recover the Largest Damage Award for the Loss in Value to Your Car

The attorneys at the Salamati Law Firm will fight the low value loss estimates that insurance companies are sure to offer when you have been in an accident in Los Angeles or elsewhere in southern California. We understand that accidents can and do diminish the value of an automobile to a far greater extent than the insurers will admit. We can help you recover a larger value for that loss as well as the maximum amount that may be available for any injuries you suffered in the accident.

Please see our website or call our Los Angeles office to speak with one of our car accident attorneys about how we can recover greater compensation for you.M

Additional Resources:

  1. www.finder.com: How to Calculate the Diminished Value of Your car. https://www.finder.com/how-to-calculate-the-diminished-value-of-your-car
  2. www.atcformula.com: 17c Formula Components. https://17cformula.com/17c-formula-components
  3. www.thebalance.com: How to Determine the Extent of a Car Accident’s Damages and Injuries. https://www.thebalance.com/determine-damages-in-car-accident-2645568

  Dec 28, 2018       Auto Accidents      0 Comments

Woman in wheelchairInjuries resulting from vehicle accidents can leave victims with life-altering impairments. From herniated discs and broken bones to traumatic brain injuries, these types of physical trauma can impact every facet of one’s life, leading to anxiety, depression, lack of mobility and serious financial hardships. An injury claim against the at-fault party can seek certain money damages, but in certain cases you may be eligible to receive disability benefits for auto accident injuries as well.How do you know if your car crash injuries qualify for benefits from the Social Security Administration (SSA)? Only specific kinds of physical and psychological impairment are eligible for disability benefits, and there are strict requirements for submitting an application.

Do you qualify for disability benefits?

In order to apply for disability benefits after a car accident, you must meet the following requirements:
  • You have sustained documented physical or mental impairment that has lasted for one year (or is expected to last this long), and
  • You are unable to engage in the work you performed in the past, and
  • You are unable to receive training for alternative or less demanding work
Regardless of the types of injuries sustained in an auto accident, it’s vital to get prompt medical attention and have a licensed health provider provide thorough documentation on the diagnosis, treatment plan and prognosis. If your doctor or surgeon makes a written statement that he or she has determined your injuries are severe enough to keep you from gainful employment, this can help your claim for disability benefits. For those who are suffering from lasting emotional trauma or PTSD that makes working impossible, you will need a psychiatrist or similar mental health professional to recommend that you receive disability benefits.

Injuries that qualify for SSA disability benefits

While this is not an exhaustive list, the following are some types of car accident injuries that may qualify for disability:
  • Non-healing fractures of the leg or arm
  • Back disorders including spinal arachnoiditis, lumbar spinal stenosis or vertebral compression
  • Soft tissue injuries of the ligaments, tendons muscles, nerves, blood vessels that have lost functionality for 12 months
  • Spinal cord injuries
  • Severe burns of the extremities that restrict functionality and limit ability to perform routine duties related to everyday living
  • Hip and neck injuries
  • Severe gastrointestinal bleeding requiring a blood transfusion
  • Brain damage
  • Speech impairment stemming from a traumatic brain injury
  • Vision or hearing loss
  • Certain anxiety disorders
The Social Security Administration has a long list of impairments, but it is still possible to apply for disability benefits if you suffered a type of injury that a health professional deems medically equivalent to another condition on the list.

Expert legal assistance in Los Angeles

One of the most important steps to achieving the financial help you deserve after an injury is to contact an experienced law firm that focuses on car accident litigation. Los Angeles residents have come to trust Sean Salamati for skilled representation and compassionate, personalized service.If you have lasting disability after a collision, we encourage you to reach out today for a free case review with a car accident lawyer at Salamati Law.

Additional Resources:

  1. CA Disability Benefits, California State Disability Insurance (SDI): FAQs https://ca.db101.org/ca/programs/income_support/sdi/faqs.htm
  2. EED.CA.gov, SDI Online, https://www.edd.ca.gov/disability/sdi_online.htm