California Is the #1 State for Dog Bites

November 1, 2018 Dog Bite Injuries

Dog bites can cause severe injury, infection, and even death. Every year, 4.5 million dog bites occur around the country,

Furious barking dogDog bites can cause severe injury, infection, and even death. Every year, 4.5 million dog bites occur around the country, and 1 in 5 of them need medical care.

California leads the nation in the number of dog bites reported each year, according to a recent survey by State Farm, based on its insurance claims. With 488 claims in 2017, we lead the nation, with almost 14% of the total dog bite injuries in the U.S.

Not only was California #1, it was number one by a wide margin. The state with the second most dog bites, Illinois, had just 318 claims versus California’s 488.

One-half of all dog bite injuries occur in children, who are particularly vulnerable. Many dog bite injuries are also sustained by senior citizens. Certain occupations, such as mail carriers, are also vulnerable.

What California Law Says About Dog Bites: Strict Liability

Dog bites can be injurious and even terrifying. Fortunately, California has strong laws against dog bites.

Our state has a law with strict liability. What that means is that people injured by a dog bite do not have to prove that owners were aware that their dogs had been violent before, that they were unaware that the dog could be dangerous, or that they were careful to prevent the possibility that the dog could attack. These things are sometimes necessary to prove negligence and receive compensation in a legal case. But in the case of a dog bite in California, they are not necessary for an injured party to prove.

It’s important to know, though, that in general this strict liability exists only if you were bitten.  A person chased by a dog who does not bite them, then, is generally not able to bring a case under the strict liability law.

If a dog injures someone and does not bite them, however, it may be possible to bring a case. Because it is not covered by the strict liability law, though, the injured party would have to prove in court that the owner failed to exercise reasonable care to prevent the dog from attacking someone.

Strict liability law also requires that the injured person be in a public place or in a private place legally. So a person injured by a dog bite who was illegally in someone’s home would not necessarily be protected under the strict liability dog bite law.

People who are carrying out a public duty under the law, like mail carriers, are considered lawfully on private property.

Need a Dog Bite Injury Lawyer in L.A.?

Dog bites are, unfortunately, frequent in the Los Angeles area. Fortunately, the law gives recourse.

If you or a loved one has been the victim of a dog bite in southern California, please call experienced Los Angeles dog bite injury lawyer Sean Salamati today. Our seasoned professionals will review your case for free, without any obligation on your part. There is no charge to you for an initial consultation, and we charge no fees unless we win your case.

Additional Resources:

  1. Clark, Lucas and Abbie Bennett. “California is the No. 1 state for dog-bite injuries, State Farm says.” The Tribune. May 11, 2018. https://www.sanluisobispo.com/news/state/california/article210823979.html
  2. “When your dog bites.” State Farm. https://www.statefarm.com/simple-insights/family/when-your-dog-bites
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Tips for Talking to Your Insurance Adjuster After a Car Crash

October 26, 2018 Auto Accidents

Insurance adjusters are trained to settle car accident claims quickly and cost-effectively. Any statement you make to an insurance adjuster

Insurance adjusters are trained to settle car accident claims quickly and cost-effectively. Any statement you make to an insurance adjuster at the accident scene or during later inquiries can make a significant impact on your financial recovery.

Words can be taken out of context or twisted and later used against you, making it all the more important to heed these tips before discussing your claim.

Do not consent to being recorded

Insurance representatives will ask all parties involved in a car accident to provide a recorded statement, either in writing or through a recorded phone conversation. It is in your best interest to politely decline this request until after you have spoken with an attorney. This recorded statement is considered vital evidence, and any vague or misleading language on your part can later be used against you.

Identify the adjuster you are speaking with

Before answering any questions, ask for the name and contact information of the adjuster you are speaking with and confirm the name, address and telephone of the insurance company they work for. Keep a folder with names, dates and details of anyone you speak to at the insurance company.

Limit the amount of personal information

When speaking to an adjuster, you are only required to provide your full name, address, telephone and contact information. It is not advisable to divulge other personal information regarding your employment, your income, or anything about your medical history.

Do not discuss your injuries

Insurance reps will always ask about the car accident injuries you sustained. The best answer is “I don’t know the full extent yet.” Some injuries like concussions and whiplash have no immediate symptoms, and you could unintentionally leave out critical information that will negatively affect your claim for damages.

Stick to the facts – keep opinions to yourself

Keep the conversation short and sweet when discussing the accident. Insurance adjusters will press for more details or ask your opinion, but it’s best to remain subjective. When and where the crash occurred, who was involved and if there were any witnesses. Be straightforward and honest. If you don’t know an answer to a question or don’t remember, just say so.

Take notes on your conversation

Try and write down as much as you can about your conversations with insurance companies. This includes questions that were asked of you, requests made, information provided and the name of the person you spoke with. These notes may contain valuable information that can advance your claim.

Avoid quick settlement traps

Insurance representatives may try and get you to settle within the first couple of phone calls. Avoid this trap and wait until you know the full extent of your injuries and have a proper medical diagnosis. With competent legal representation, you stand a much greater chance of securing a larger car accident settlement that fully accounts for your losses.

Need help dealing with an insurance adjuster?

An expert Los Angeles car accident lawyer can protect your best interests after a collision. The Salamati Law Firm offers tenacious, results-oriented representation to car crash victims throughout Southern California. We provide sound legal guidance and know how to negotiate with insurance companies to maximize accident compensation.

Request a free case evaluation today by calling 1-855-449-3546.

Additional resources:

  1. How Stuff Works, 5 Things You Should Tell Your Insurance Company Immediately After a Crash, https://money.howstuffworks.com/personal-finance/auto-insurance/5-things-to-tell-insurance-company-after-crash.htm
  2. DMV, How Car Insurance Companies Investigate Accident Claims, https://www.dmv.org/insurance/how-car-insurance-companies-investigate-accident-claims.php
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Who Is Liable for Slip and Fall Injuries in Hospitals in California?

October 25, 2018 Premises Liability Lawsuits, Slip Trip and Fall

Hospitals are a place to visit for medical care and healing but they can also lead to injuries. Both patients

Group of doctors in a hurry down the hospital hallway for emergency

Hospitals are a place to visit for medical care and healing but they can also lead to injuries. Both patients and visitors can experience on-site injuries from slip and fall accidents. When this happens, the next logical question is, who is liable? For a few reasons, the answer is not completely straightforward.

Types of hospital slips and falls

From slick floors to liquid substances to medical carts that obstruct paths to unsecured carpet tiles to medication errors, there are many reasons a patient or visitor could slip and fall in a hospital. Depending on the circumstances, the underlying reason could be general negligence or professional negligence, each carrying a different statute of limitations, limit of damages recoverable, and burden of proof.

Ordinary negligence slip and falls

A defendant may be liable in a premises liability claim when it knew of should have known of a hazard but failed to issue a warning or fix the hazard. The plaintiff bears the burden of proving that the defendant or his or her employees acted unreasonably.

A slip and fall victim has two years to file a personal injury lawsuit under an ordinary negligence theory. However, there could be a shorter notice period to meet before filing a claim if the fall occurred at a government-owned hospital.

Professional malpractice in California hospital claims

Many slips and falls in hospitals are the result of medical malpractice or other professional malpractice. For example, medication errors that impair a patient’s stability could be the result of medical malpractice. However, California authorities have deemed it professional negligence to fail to maintain any equipment necessary for treatment or care. This broadens the net of professional malpractice to many surfaces within a hospital.

California professional liability lawsuits must be filed within one year of discovery. Plaintiffs also need to hire an expert witness to prove the defendant did not meet the necessary standard of care for a professional in that industry. Further, under California’s Medical Injury Compensation Reform Act (MICRA), damages are limited.

Who pays when the hospital is responsible?

Who is liable for a hospital fall will depend on the facts. Often the hospital is liable but if the doctor made a mistake, a separate company that employs the doctor could be on the hook. If the fall was caused by ordinary negligence, another party, like a cleaning crew responsible for the premises, could also be to blame.

This is less clear-cut than it sounds; some hospitals are privately-owned, some are part of a regional medical chain, and some even operate under contract by the federal government, meaning claims would need to comply with tort liability procedures under federal statutes.

Recovery for hospital slips and falls in Southern California

When you or a loved one has suffered an injury on someone else’s property, you need experienced counsel who will fight for your rights. This is especially necessary when battling the red tape involved in a hospital slip and fall. Salamati Law has dedicated the past two decades to fighting for the rights of those injured in CA. Call today to speak with a slip and fall lawyer in Los Angeles at Salamati Law today.

Additional hospital slip and fall resources:

  1. Micra.org, Provisions of MICRA, http://micra.org/specifics-of-micra/provisions-of-micra/
  2. S. Department of Veterans Affairs, Claims Under the Federal Tort Claims Act, https://www.va.gov/OGC/FTCA.asp
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Best Motorcycle Hangouts in Los Angeles

October 17, 2018 Motorcycle Accidents

Southern California has some of the finest weather and most spectacular routes for motorcycle riding. From rugged canyon roads to

Motorcycle couple holding helmets in hands on the roadSouthern California has some of the finest weather and most spectacular routes for motorcycle riding. From rugged canyon roads to stunning coastal stretches, the Golden State is the place to be.  After a long day on the road, there are plenty of popular spots where bikers can fuel up on hearty fare and whet their whistles.

Here’s a roundup of some the best motorcycle hangouts in and around Los Angeles.

The Rock Store

The Rocks Store is unquestionably SoCal’s most famous motorcycle hangout. Renowned for its homestyle cooking, amazing location and sense of community, this place is where bikers of all ages and creeds come to talk shop, swap stories, people watch and chow down. The ride up to Mulholland Drive is tight and twisting, with panoramic Pacific Ocean views. You may bump into Jay Leno and other Hollywood elite, and this landmark pitstop has been featured in many movies, TV commercials and videos. Open Fridays, Saturdays and Sundays, the Rock Store is where Harley guys rub elbows with the sportbike crowd over cheeseburgers and cold drinks.

Original Mikes

Get the best burger in Orange County at this biker-friendly joint. Original Mike’s is located on the corner of Main and First streets in downtown Santa Ana and is owned by legendary biker Mike Harrah. There are classic cars on display and Harley Davidsons hanging from the ceilings, and the menu features classic American comfort food. Original Mikes has three stages for live entertainment, jumbo flat screen TVs, dance floors, an outdoor patio and hosts special bike nights and other events.

Cook’s Corner

When it comes to biker hangouts in Southern California, Cook’s Corner is top on the list. Situated in Trabuco Canyon, this iconic roadhouse had humble beginnings as an eatery for local ranchers and miners. Over the years, the place evolved into the epic biker bar it is today. On any given weekend, this place is packed with riders coming for good food and a great party scene. Cooks serves standard road fare and has an atmosphere that oozes authenticity. The ride to get to Trabuco Canyon makes this a destination in and of itself.

Tumbleweeds Bar & Grill

Tumbleweeds ticks all the right boxes for a great biker hangout. Juicy burgers. Live music. Darts. Pool. Giant TVs streaming live sports. Most importantly, it has a biker-friendly fun crowd. If you ever find yourself near Huntington Beach, stop in for a bite to eat and check out their events calendar for Blues Jams and performances by local rock bands.

Motorcycle accident attorney Los Angeles

The Salamati Law Firm is a strong supporter of motorcyclists in Southern California. Leveraging more than 20 years of expertise in personal injury law, we’ve helped countless bikers recover monetary damages in serious accident claims. If you need legal representation of the highest caliber, reach out for a free consultation with a Los Angeles motorcycle accident lawyer who gets results. Call our law offices any time.

Additional Resources on LA Biker Hangouts:

  1. City Search, Biker Hangouts in Los Angeles http://www.citysearch.com/guides/2401/biker-hangouts-in-los-angeles.html
  2. MeetUp, Motorcycle Riding Meetups in Los Angeles https://www.meetup.com/topics/motorcycle-riding/us/ca/los_angeles/?_cookie-check=4plf8MeJr6jUE1e-
  3. Rock Store, MotorHead Mecca http://rock-store.com/
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October 16, 2018 Slip Trip and Fall

People who have slipped and fallen might not be sure what to do right after the accident happens. In fact,

caution wet floor sign at a corridorPeople who have slipped and fallen might not be sure what to do right after the accident happens. In fact, they may want to get to a doctor right away, especially if they are bleeding or feel they have broken a bone, twisted an ankle, or otherwise hurt themselves. A personal injury lawyer can help advise you on your next steps.

Gather a Record of the Conditions and Your Injuries

While it’s very wise to go to a doctor as one of the first steps, because getting treatment is highly important for your health and recovery, you also need to make sure that you have a record of what occurred and have alerted the proper authorities. So don’t delay getting medical attention, but make sure that you have pictures or notes on what happened in the immediate aftermath.

Why? Well, if you want to recover damages in a trial or settlement to cover your medical bills, lost wages, and more, the fact is, a court will need evidence of what happened. In fact, your doctor or hospital visit will be part of the evidence, because any doctor or hospital will keep records of your injuries and the treatment advised. This will be a crucial part of the case that your Los Angeles personal injury attorney will help you make in court.

For the victim of a slip and fall accident to receive damages, the court must find the other party negligent. That means a party, such as a landlord or store owner, had a duty of care to keep a specific area safe, should have known if it had become unsafe, had enough time to make it safe, and didn’t.

The fact is, many negligent parties will try to argue that the party injured in a slip and fall caused it themselves. They may claim that an area, such as a broken sidewalk or slippery floor, wasn’t dangerous. They may argue that it was clearly marked or surrounded with cones indicating it wasn’t to be walked on.

And they may win, unless you have evidence.

What You Should Do After a Slip and Fall Accident

So here some steps to follow in the immediate aftermath of a slip and fall in California.

1. Take pictures of your injuries

Take pictures of your injuries with your smartphone. Bruises, cuts, torn clothing – anything that injured you and shows impact.

2. Take pictures of the area

Take pictures of the area where you slipped and fell, from all angles. Don’t wait until it is cleared away and cleaned up.

3. Get the contact information of any witnesses

If anyone saw you slip and fall or witnessed the area where you fell, get their contact information.

4. Contact the manager if it’s a retail establishment

If your slip and fall accident occurs in a retail establishment like a store or restaurant, contact the manager before you leave. The manager needs to know of the dangerous area. Also, a court might wonder if you leave without reporting it.

Slip and Fall Injury in the Los Angeles Area? Call Sean Salamati

Sean Salamati is an experienced slip and fall lawyer in Los Angeles. Sean will fight for your rights if you have been hurt because of someone else’s negligence. Call today for a free consultation. We charge no fees unless we win money for you.

Additional Resources:

  1. National Restaurant Association. Don’t Trip Up: Preventing Slips and Falls. https://www.restaurant.org/Manage-My-Restaurant/Operations/Back-of-House/Dont-trip-up-Preventing-slips-and-falls
  2. National Safety Council. Slip, Trip and Fall Prevention Training. https://www.nsc.org/safety-training/workplace/slips-trips-and-falls
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Halloween Safety Tips for Driving and Trick or Treating

October 11, 2018 Auto Accidents, Pedestrian Accident Injuries

As kids prepare for trick or treating fun, many parents are aware of the risks like taking candy from strangers.

Little children in Halloween costumes trick or treatingAs kids prepare for trick or treating fun, many parents are aware of the risks like taking candy from strangers. Often overlooked, however, are the risks of traffic accidents. Halloween is a time when both pedestrian fatalities and DUI accidents spike. Parents and motorists alike can help keep the festivities safe by following a few Halloween tips.

Halloween pedestrian accident risks

Halloween has all the makings for a pedestrian accident – throngs of (often unaccompanied) children lingering near driveways or rushing across streets, in the dark, wearing masks that obstruct their vision. It is not surprising, then, that the likelihood of a pedestrian being struck by a car is more than twice as high on Halloween compared to other evenings throughout the year.

Parents can help protect their children by not letting them trick-or-treat alone; putting reflective tape on costumes and treat bags to increase your child’s visibility; teaching your children not to cross mid-road but instead cross at a corner or cross-walk; watching for cars moving near driveways; and making eye contact with drivers to be sure they are aware of the child’s presence.

Drivers should avoid going out during trick or treat hours if possible. Also, be on the lookout kids crossing in the middle of the road, running across driveways. Stay alert and minimize distractions.

Halloween DUI risk

Halloween is not just for kids; plenty of adults take part in the fun, and their celebration often involves alcohol. Federal statistics show that a significant number of motor vehicle accidents on Halloween involve drinking and driving. For example, in 2014, National Highway Traffic Safety Administration data showed that more than 1/3 of traffic accidents on Halloween involved driving under the influence. In 2015, the number was even higher, at 46% of crashes involving DUI.

California Highway Patrol and Los Angeles police routinely set up sobriety checkpoints at times of the year when they expect an increase in drinking and driving. Therefore, expect that this Halloween, the LAPD and CHIP will set up DUI roadblocks to catch drunk drivers as they have in past years. A DUI can impact your life, even if you do not cause harm to a child or another adult.

If you will be attending an adult Halloween gathering, be aware of how much you are drinking. If you do imbibe, absolutely do not get behind the wheel – there is no such thing as “buzzed driving; it is still drunk driving. If your children will be trick or treating, do not let them go alone. Be on the lookout for erratic vehicles, and be cautious in and around driveways.

Speak with a personal injury lawyer in Southern California

Halloween can and should be a safe time for kids and adults alike. However, if you are involved in an accident, speak with experienced Los Angeles pedestrian accident lawyer Sean Salamati, who has built his reputation on his commitment to helping accident victims pursue justice. Call today for a free consultation. Remember, we never charge a fee unless we win money on your behalf.

Additional Halloween traffic safety resources:

  1. National Safety Council, Halloween Safety On and Off the Road, https://www.nsc.org/home-safety/tools-resources/seasonal-safety/autumn/halloween
  2. Madd, Surprising Stats Regarding the Dangers of Drunk Driving at Halloween, https://www.madd.org/tennessee/surprising-stats-regarding-the-dangers-of-drunk-driving-at-halloween/
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4 Mistakes Beginning Motorcyclists Make

October 10, 2018 Motorcycle Accidents

It’s a good idea to take a motorcycle driver’s education class as part of your journey toward being a motorcyclist.

Biker riding on motorcycle near the river in the city.It’s a good idea to take a motorcycle driver’s education class as part of your journey toward being a motorcyclist. But even so, there are common mistakes that motorcyclists make that imperil their safety on California’s — and the nation’s — roads. The more you avoid these mistakes, the safer you’ll be.

Mistake #1: Not Paying Attention to the Road

Always remember that you are far more vulnerable riding a motorcycle than you are in a car, for several reasons. First, and most obvious, you don’t have the protection of several tons of metal and seat belts, like cars do. Second, car drivers don’t “see” motorcycles in the way that they do other cars. They pull out in front of you, crowd you from behind, change lanes, and may even open doors as you’re driving down the street. Any of these moves can injure you, or even be fatal. Third, obstacles that are no problem for a car, just as a spray of gravel or potholes, can cause severe motorcycle accidents.

The best defense against accidents like this? Pay close attention to the road. Know what drivers around you are doing — and operate your motorcycle defensively for what they may do. It can be very tempting to enjoy gazing around while you’re driving a motorcycle. Don’t do it.

Mistake #2: Having a Passenger Right Away

It’s a lot of fun to take your significant other or a new date out on your motorcycle. But it can also pose a danger to both of you.

Why? Because riding with a passenger behind you is really different from riding by yourself. The weight and balance are different. Your ability to pay attention are different. It’s a good idea to hold off until you have had plenty of experience riding by yourself.

Not only is that a good idea, but it’s also wise to practice with a passenger in a large parking lot or quiet street until you are thoroughly comfortable with it.

Mistake #3: Miscalculating the Throttle

Beginning riders need practice calculating how much to release the clutch and give it throttle. Too much will stall the bike, and so will not enough. A large parking lot is also a good place to practice before you head into traffic.

Mistake #4: Not Talking to a Lawyer After a Motorcycle Accident

In an accident between a car or other vehicle and a motorcycle, the larger vehicle is often at fault. But because motorcycle accidents are potentially so severe and possibly long-lasting or permanent, insurance companies may try to low-ball you on the settlement, or even blame you. Having a lawyer negotiate on your behalf is a wise move in case of an accident.

If you need an experienced motorcycle accident lawyer in the Los Angeles area, contact us today. The Salamati Law Firm has an excellent record of obtaining justice for clients in motorcycle accidents throughout Southern California.

We will provide a consultation at no charge. Payment will come from any final jury award or settlement amount.

Additional Resources:

  1. Motorcycle Safety Foundation, Quick Tips: General Guidelines for Riding a Motorcycle Safely, https://msf-usa.org/downloads/If_you_ride_a_motorcycle.pdf
  2. Weyant, Curtis. Consumer Safety, 11 Motorcycle Safety Tips for Riders, March 14, 2018. https://www.consumersafety.org/news/safety/motorcycle-safety-tips/
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Can Brain Damage from an Injury Be Reversed?

October 6, 2018 Brain Injuries

Some of the most heartbreaking injuries are those that are invisible to the outside world. A traumatic brain injury (TBI)

Doctor analyzing human skull x-raySome of the most heartbreaking injuries are those that are invisible to the outside world. A traumatic brain injury (TBI) can cause limitations including physical and emotional disabilities, inability to work, and even inability to care for oneself. Sufferers of TBI and the loved ones who care for them are often desperate for signs that the damage can be repaired. Researchers have been exploring options for reversing traumatic brain damage but there are many variables that affect success.

Factors affecting TBI recovery

Brain injuries range from seemingly mild concussions to serious diffuse axonal injuries, and the section of the brain impacted can affect the impairment suffered as well as hopes of recovery. Another key determinant is the age of the TBI victim.

Treating a TBI early improves the likelihood of recovery by reducing damage. When a severe TBI is suspected, interventions such as cooling therapies, administration of oxygen, providing medications, and even removing part of the skull may prevent further physical damage by slowing the swelling. It is crucial to monitor even seemingly mild TBIs because these interventions are sometimes necessary upon follow-up.

Once brain cells are damaged, they cannot be repaired but new connections can be made. Other parts of the brain can also learn the lost functions that had been performed by the damaged areas. For this reason, physical, cognitive, and other therapies play important parts in TBI management. Greater progress is often seen in younger patients, who have increased ability to regenerate synapses, restoring some lost function.

Researchers have breakthrough reversing brain damage

Recovery from a TBI can be a long-term process, in many cases requiring a lifetime of rehabilitation. The outlook is not always known immediately after the injury, or even for years after. However, researchers are looking for ways to reverse the damage with the use of hyperbaric oxygen treatments in an attempt to promote regrowth in the areas of damaged brain cells.

In July 2017, researchers from LSU Health New Orleans and the University of North Dakota made headlines when they successfully began the reversal of brain damage in a toddler who nearly drowned in a pool. After being hospitalized in a critical care unit for 48 days, the two-year-old girl was not expected to ever walk or talk again. However, after a series of twice-daily oxygen treatments as well as physical therapy, the little girl regained nearly normal function and shows only mild evidence of trauma to her brain.

The 2017 case is encouraging but some researchers have suggested it was not the oxygen treatments themselves but the child’s young age and/or therapies she underwent that led to her dramatic improvement.

Recovering from TBI in Southern California

For those who suffer a TBI and those who care for them, the rehabilitation process can be a long road involving lost wages, expensive therapies and medications, and even daily help for personal care. A California traumatic brain injury lawyer can help. Los Angeles personal injury attorney Sean Salamati fights for full and fair compensation for those across CA who suffer a brain injury because of someone else’s negligence. Call today to schedule a free confidential consultation.

Additional TBI recovery resources:

  1. Johns Hopkins Medicine, Traumatic Brain Injury, https://www.hopkinsmedicine.org/healthlibrary/conditions/physical_medicine_and_rehabilitation/acquired_brain_injury_85,P01145
  2. Science Alert, Scientists Have Reversed Brain Damage in a 2-Year-Old Girl Who Drowned in a Swimming Pool, https://www.sciencealert.com/scientists-have-reversed-brain-damage-in-a-2-year-old-girl-who-drowned-in-a-swimming-pool
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Anniversary of Las Vegas Shooting Marked with Memorials

October 5, 2018 News, Personal Injury Lawsuits, Wrongful Death Claims

Monday, October 1, 2018, marked the one-year anniversary of the Las Vegas shooting that took the lives of 58 attendees

Group of people holding candle vigil

Monday, October 1, 2018, marked the one-year anniversary of the Las Vegas shooting that took the lives of 58 attendees of the Route 91 Harvest music festival. Hundreds more were injured in the attack. People in and around Las Vegas marked the event with memorials. Meanwhile, investigations have still not revealed a clear motive for the massacre.

Shooting anniversary marked by memorials and homecoming

Officials throughout Nevada recognized the enormity of the anniversary. Governor Brian Sandoval ordered that all state and federal flags fly at half staff from sunrise to sunset. The Las Vegas Portraits Project, a display of artwork of the victims, is on display at the Clark County Government Center through October 19. A shooting survivor from Los Angeles, Dennis Guerrero, started a nonprofit called LoveWins and it is raising money to help the families left behind by the 58 who died.

Remarkably, just a few days before the anniversary, Rosemarie Melanson was released from the hospital. There were over 800 people injured in the shooting and Melanson was the last of the victims to remain hospitalized. She suffered bullet wounds to several organs and was placed on life support immediately after the shooting. Miraculously, she survived, and after nearly a year in the hospital, she finally returned home.

Federal court denies request of venue owner MGM

More than 20,000 people were attending the Route 91 Harvest music festival when Stephen Paddock opened fire on the crowd, killing 58 people and injuring hundreds more. Since then, more than 2,000 people have either sued or threatened to sue those connected with the venue or the shooter.

Hundreds of victims have joined in five lawsuits in state courts in California and Nevada, naming as defendants MGM Resorts International for allegedly not having proper security procedures and trained staff; concert organizer Live Nation for allegedly not having adequate exits and trained employees; and the estate of shooter Stephen Paddock.

MGM, the owner of Mandalay Bay, took a highly unusual step and filed a federal lawsuit naming about 2,000 people who were have sued or threatened to sue the company, requesting that the court issue a declaratory judgment stating that MGM is not liable, and requesting that all of the lawsuits against it be pooled together in multi-district litigation (MDL). Earlier this month, MGM’s requests were denied, allowing existing and future lawsuits against it to proceed in state courts without being transferred to an MDL docket.

Fighting for rights of injury victims in California

Los Angeles personal injury attorney Sean Salamati understands the legal battle that the shooting victims and their families face. The Salamati Law Firm has dedicated the past two decades to fighting for the rights of personal injury victims in LA and around Southern California. If you have been injured and believe someone else bears legal responsibility, call today to schedule a free confidential consultation.

Additional resources on Las Vegas shooting updates:

  1. Bloomberg, MGM Resorts Can’t Centralize Mass Shooting Lawsuits Panel Rules, https://www.bloomberg.com/news/articles/2018-10-03/mgm-resorts-can-t-centralize-mass-shooting-lawsuits-panel-rules
  2. Fox News, Las Vegas shooting: Memorial events mark 1-year anniversary as massacre motive still shrouded in mystery, https://www.foxnews.com/us/las-vegas-shooting-memorial-events-mark-1-year-anniversary-as-massacre-motive-still-shrouded-in-mystery
  3. Fox News, Las Vegas massacre survivor leaves hospital year after shooting, https://www.foxnews.com/us/las-vegas-massacre-survivor-leaves-hospital-year-after-shooting
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October 4, 2018 Wrongful Death Claims

Suffering the loss of a family breadwinner is one of the most difficult situations we can encounter in life. Grief

Wrongful Death report and gavel in a court.Suffering the loss of a family breadwinner is one of the most difficult situations we can encounter in life. Grief may make you physically ill, depressed, or anxious. You and your friends and family may miss the deceased person every day.

A Painful Challenge

You also may suffer financial duress. The family breadwinner may have been responsible for all or the greatest proportion of your family’s income. In the aftermath of the breadwinner’s death, you may have to make major changes in your life, such as moving from the home you shared, if it has become unaffordable. You may become unable to pay bills, or become fearful of them mounting up.

You may need to retrain yourself for a job, or a higher-paying position. You may also be left with medical bills and funeral or burial expenses.

If the Family Breadwinner Died Due to Negligence

All of this can be hard enough, but if your family breadwinner died due to the negligence of another party, it can make your pain feel that much worse.

There is a potential solution to the financial duress, however. A wrongful death suit claim can seek financial compensation associated with the death of a breadwinner. Wrongful death compensation can be awarded to replace some or all of the support a family received from a breadwinner, both financial and emotional, for example. It can pay for medical bills related to the cause of death, and for funeral and burial costs.

Wrongful death claims can also seek financial compensation for loss of companionship and consortium, loss of guidance and training, and loss of household services.

Wrongful death claims in California may be brought if the death was caused by a wrongful act or the negligence of another party. Negligence means that the other party knew a condition or event was unsafe, had responsibility to ensure that it was safe, had enough time to make it safe, and did not.

A person who died from falling off a beam on a construction site, for example, may have fallen because safety equipment or training was not provided or was not adequate to prevent the fall.

A wrongful death claim is a civil suit asking for financial compensation. It is not a criminal suit asking for the negligent party to be punished. However, wrongful death suits can also serve as a deterrent to negligent parties for their future actions.

Under California law, wrongful death claims may be brought by a breadwinner’s spouse, domestic partner, next living descendent or heir (parents or siblings), or financial dependents, such as partners, children, stepchildren, or parents.

If You Need a Southern California Wrongful Death Attorney

If you think that negligence contributed to the death of your loved one, call experienced Los Angeles wrongful death attorney Sean Salamati today. Se habla español. We will fight to see that justice is done.

If you agree to work with Salamati Law Firm’s team, you owe us nothing unless we win your case, and payment will come from the final jury award or settlement amount.

Additional Resources:

  1. Brody, Jane L. “When a Spouse Dies, Resilience Can Be Uneven.” New York Times, September 26, 2016. https://www.nytimes.com/2016/09/27/well/family/when-a-spouse-dies-resilience-can-be-uneven.html
  2. Manning, Margaret. “Losing a Partner: How to Recover from the Loss of a Loved One.” Huffington Post, October 2, 2013. https://www.huffingtonpost.com/margaret-manning/losing-a-partner-how-to-recover-from-the-loss-of-a-loved-one_b_4029121.html
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