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Dog Bites & the Law

Many people get bit by dogs in the United States each year and live to tell the tale. However, it’s critical to understand that dog bite wounds are nothing to laugh about. They can be serious in nature and lead to infections if not treated on time. They may also cause traumatic complications.

Every state has strict laws regarding injuries from dog bites. You may be able to sue for damages under the law if you or a loved one was injured in such an accident.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Dog Bites are Dangerous

Dog attacks can be dangerous to both children and adults. However, they are especially dangerous to elderly, persons with disability, and young children. This is because these people may not be able to defend themselves against the violent animal. Facial trauma is the biggest danger when a person gets bit by a dog. It can lead to disfigurement, lacerations, and permanent scarring.

Young children and elderly may also suffer brain injuries, fractures, spinal cord injuries, or trauma to the back, neck, and head. Skin can break open during a dog bite, allowing bacteria from the dog’s mouth to enter the wound. This can further cause diseases, such as tetanus and rabies.

Negligence and Strict Liability

Dog bite injuries, as per the law in most states, falls under the category of negligence and strict liability. The owner of the dog is generally considered liable, whenever an injury is inflicted by an animal. The dog owner can be held responsible for providing compensation for injuries caused by the dog.

Owners can be held strictly liable in dog bite injuries that require medical treatment. This is irrespective of whether the owner or handler exercised reasonable care. The owner or custodian can be held liable for failure to use reasonable care for all other costs incurred in relation to the bite.

What is the One Bite Rule?

The one bite rule indicates that a dog owner can be held liable if they were previously aware of their dog acting dangerously or biting someone else. It is the dog owner’s responsibility to protect others from danger. Victim in such an instance can recover damages for the medical expenses borne by them. However, in order to receive compensation, the victim and their attorney would need to prove that the dog’s owner or custodian were negligent.

Choose an Experienced Dog Bite Attorney

Most settlements regarding dog bite injuries cover the cost of medical expenses for personal trauma or injury. Unfortunately, dog owners and custodians may sometimes refuse to own up to their fault. They will do everything possible to prove that they were not responsible for the injury or further damages. A skilled dog bite attorney can help you claim compensation for covering out of pocket expenses, punitive damages, and lost wages.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Catastrophic Injury

Catastrophic injury is defined by the American Medical Association as a severe injury resulting in the damage of the brain, spine, skill, and the spinal cord. However, under state laws, catastrophic injury has a broader meaning. It includes all those injuries, whether mental or physical in nature, which causes any permanent disability or alteration in the affected individual’s living circumstances.

Types of Catastrophic Injuries

The following injuries are generally considered as catastrophic injuries based on their ability of bringing a permanent alteration in the life of the victim:

Traumatic brain injury because of a strong force to the head, usually seen during a blow to the head or a penetrating head wound.
Non-traumatic brain injuries arising due to oxygen deficiency, stroke, or an infection of the brain.
Spinal cord injuries causing permanent paralysis by preventing the relay of information through the spinal cord.
Limb loss occurring because of a badly smashed leg or arm requiring amputation.
Third degree burns or deeper resulting in permanent scarring in the victim. These injuries may also include immobility or loss of sensation besides secondary infections.
Injury to the tendons, muscles, and ligaments in the neck region causing loss of movement or reducing the mobility of neck.
Compound fractures that need fixing with surgical procedures, such as plates, screws, and rods.
Injuries resulting in scarring or disfigurement that involve severe pain and also psychological or mental impact on the victim.
Loss of eyesight or hearing because of the injuries.
Injuries causing significant change in the person’s ability to live and work, or otherwise lead a normal life.

Typical Causes of Catastrophic Injuries

In the United States, thousands of victims of catastrophic injuries reach the emergency room each year. These victims require extensive medical treatment and hospitalization. They suffer greatly because of the injuries that may cause significant alterations to their lifestyle and livelihood. These are a few common causes of catastrophic injuries:

Assaults
Car accidents
Truck accidents
Construction site accidents
Fires
Slip and fall accidents
Medical malpractice cases
Motorcycle accidents
Sports injuries
Pedestrian accidents
Workplace accidents

There is an element of risky behavior in most such incidents. This can be in the form of speeding vehicles or negligence on part of the individual responsible for causing the catastrophic accident.

Types of Damages or Compensation in a Catastrophic Accident

These are a few types of damages that catastrophic injury victims are eligible to claim:

Medical expenses for medications, doctor consultations, home case, mobility devices, medical devices, and rehabilitation therapy.
Expenses for remodeling the home for accommodating the victim’s medical needs.
Pain and suffering as a result of the accident.
Lost wages of the victim because of their inability to resume gainful employment.
Loss of companionship resulting from the repercussions of the catastrophic injury on the victim’s personal and emotional health.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Auto Accidents Lawyer

The negligent auto driver is usually on the hook for injuries and damages resulting from the crash when a car accident takes place. Practically, the insurance company of the at-fault driver covers most injury claims arising because of the accident. The at-fault driver will technically ‘pay’ in the form of raised premium for their car insurance.

Determining Fault and Liability

Proving liability and fault for resulting damage and injuries will form the crux of the case if you live in a ‘fault’ state. In some instances, the at-fault party is not obviously clear. An injured person must prove the following to prove liability in car collision cases:

The other driver owed a legal duty of care

There is a duty of care owed by all drivers on the road towards other drivers. You owe a legal duty to everyone else on the road to operate your car with reasonable care if you get behind the wheel of your car. This includes passengers, drivers, bicyclists, and pedestrians.

The duty was breached

The plaintiff has to prove the negligence of the defendant in fulfilling the duty of care. The behavior of the driver that is at-fault will be compared to what a reasonable driver would have done in a similar situation. You can prove that the duty was breached if you have proof that the other driver got a traffic ticket in connection with the accident.

Injuries were caused due to the breach of duty

It is not enough for you to prove that the other driver was negligent. This won’t make him responsible for the injuries resulting from the accident. You will also have to prove that the at-fault driver’s negligence directly caused the accident. This means that you need to prove the accident may not have occurred if the other driver had been careful.

Types of Compensation in a Car Crash Personal Injury Case

You can recover for a wide range of situations under the law. Your lawyer can help you receive money for past and future medical bills, therapy, rehabilitation costs, future lost income, and pain and suffering. Pain and suffering following a crash will include mental anxiety and the loss of enjoyment of life. You may also recover for any disability caused due to the crash.

An accomplished and committed car crash lawyer can help you obtain compensation for yourself and your loved ones that were affected by the crash. Harm to children and spouses can be recovered separately from the damages provided to the victim.

Get Medical Attention

You need to be evaluated by medical personnel if you were involved in an auto accident. Insurance providers will do everything possible for disputing your claim. They may not offer rightful compensation if you don’t seek immediate medical attention.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Surrogate Court

The Surrogate’s Courts are responsible for cases that involve the affairs of decedents (people that have passed away.) This includes administration of estates and probate of wills. The executor files Wills for opening probate in the Surrogate’s Court.

The Surrogate Court judge will officially admit the will to probate, appoint an executor and issue Letters Testamentary for providing the executor with power to execute all official duties. The probate’s final accounting will be filed in Surrogate’s Court. The Surrogate’s Court will use the state laws of intestate succession for administering the estate in case there is no will to probate.

Functions of a Surrogate Court Practice Lawyer

Surrogate court practice attorneys are also called probate lawyers. They are hired for settling an estate. The Estate Plan dictates all next steps following the death of a loved one. Probate is usually necessary if the decedent had a Will.

You should know that Trusts don’t go through probate. This can make the process much more private and less complicated. However, in case there is only a Trust involved, a probate attorney can still be useful to the Trustee in administering the Trust.

Many people are concerned with who exactly does a probate attorney represent. Probate attorneys may either represent a personal representative, heir to the estate (beneficiary), or the estate itself. In some cases, they may play more than one role. However, this rarely ever happens.

Several things can be accomplished by a probate attorney for settling an estate and assisting the Executor and all beneficiaries. These are:

Collecting the proceeds of life insurance policy
Determining and paying inheritance taxes
Paying all due income and estate taxes
Identifying the estate assets
Making final distributions after paying all taxes and bills
Opening and managing a checking account for the estate
Ordering property appraisals for tangible property
Paying final bills and debt
Preparing and filing court documents
Paying final bills and debt
Preparing court documents
Retitling assets

When Do You Need a Surrogate Court Practice Attorney?

Multiple scenarios and factors will determine whether you need a probate lawyer or not. You may need to consider things like:

Are your state laws complicated?
Type of Estate Plan set up by the decedent
Do they have a Will or a Trust?
What is the estate size?
Are there any beneficiary relationships in contention?
Are beneficiary designations and assets complicated?

These considerations should be factored in your decision of needing an attorney.

You will have to deal with probate if the decedent only had a Will. The next logical step is to evaluate the complexities and the difficulties of the probate. It is obviously more important to hire a Surrogate Court practice attorney if the estate is complicated.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Personal Injury Lawsuits

Accidents are unavoidable and most people will have one or the other from slip and falls to car accidents at least once in their lives. While it is possible that every mishap does not have grounds for a lawsuit, there are several accidents that is because of somebody else’s negligence or fault. You may have a valid personal injury claim in such situations.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy, & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Ascertaining Whether You Have a Legal Claim

You have the option of legal remedy for your physical harm by filing a claim with the insurance company of the at-fault party or personal injury lawsuit in court. In some cases, you may need to file a claim with your own insurer. You can recover compensation for your damages through any of these remedies. Damages include lost income, medical bills, pain and suffering, and other types of losses.

Making a Civil Case

To recover compensation through a lawsuit or insurance claim, you would need to prove that the other person was somehow negligent in their actions that directly led to your damages and injuries. In most cases, personal injury lawsuits do not make it to trial or the verdict stage. However, in order to build a strong personal injury case, it helps to take necessary actions for meeting the burden of proof.

Necessary Evidence for Proving Claim

There are different forms of evidence required in different types of personal injury lawsuits. However, one thing common among evidence for all personal injury lawsuits is that it should establish that the other party was negligent and at fault for your injuries.

These are a few possible types of evidence that you may need:

Police report documenting the cause and circumstances surrounding the accident
Incident reports prepared by restaurants, stores and other businesses where the accident took place
Eyewitness statements for details regarding the where, when, and how of the injury
Photographs from the scene of the accident
Other forms of evidence that may help document the circumstance and cause of the injury
Records of medical treatments associated with the injury, including hospital visits, emergency services, physical therapists, physicians, and chiropractors
Documentation of lost wages because of time missed at work
Testimony from medical expert or doctor regarding the cause of injury

Talking to a Lawyer

It can be tricky to figure out whether you have sufficient evidence for bringing a personal injury lawsuit. This is particularly true if you are unsure about the type of evidence that needs to be gathered and the way to get it.

It is best to work with a committed, accomplished, and capable personal injury attorney in most cases. They have the necessary resources to get the evidence you require. They will also offer advice on whether you have a valid claim and the steps you need to take to prove it.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Personal Injury Lawsuits

You are likely entitled to seek compensation if you were recently injured in an accident and had to take time off work or pay for treatment costs. This short guide explains the way compensation payouts get calculated and how to ensure that you get the maximum amount in damages.

Who is Entitled to a Compensation Payout?

You should ask these three questions if you want to understand whether you are eligible for a personal injury compensation payout or not.

Were you injured or became ill because of somebody else’s fault while driving, in a public space, at work, or being treated medically?
Did you get treated for your injuries or illness?
Did you need time off work to recover?

If the answer to question 1 and question 2 or 3 is in the affirmative, then you are probably entitled to receive compensation.

Calculation of Compensation Payout

Injury compensation payout is generally calculated in the following manner:

You would be paid back for any lost wages if you needed time off work
You can seek compensation for medical or care expenses
You may also seek compensation for pain and suffering and lost wages depending on the severity of your injuries

Payouts for Serious Injury Claims

Serious injury claims can easily run into millions or hundreds of thousands of dollars depending on the extent and severity of injuries. Personal injury compensation payouts are meant to cover losses where an injury is the result of somebody else’s negligence. You may be entitled to recover future loss of earning if your injury is severe.

This refers to compensation for the lost wages you would have received if you hadn’t been injured. You may also be entitled to recover compensation for non-economic losses, such as pain and suffering depending on the unique circumstances surrounding your injuries.

Responding to Settlement Offers

You should not be tempted to accept the first compensation settlement that comes your way. You would be filing a claim against the insurer of the person that is responsible for your injuries when you make a compensation claim. Insurance companies rarely ever pay out maximum entitlements. You should consider consulting with a specialist lawyer to get proper compensation advice.

Getting Maximum Compensation Payout

These are a few tips for ensuring that you receive maximum injury compensation payout:

Ensure your claim is submitted on time and is thorough. Leaving out important details may result in your payout being reduced significantly. You won’t know the amount you have missed out on as well.
Be careful and thorough regarding the submitted evidence. For instance, while claiming medical expenses you should submit receipts for all the hospital and prescription bills you incurred as a result of the injury
You should ensure that your injuries get thoroughly assessed. Injuries from an accident can always result in further ailments down the line.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Small Business Lawyers

Attorneys bring a dedicated expertise to new businesses. However, not all entrepreneurs can afford to retain a small business attorney while establishing a new business. This usually gives rise to the question – whether or not a lawyer is required for starting a small business.

This short guide explains the several benefits of working with a small business lawyer. You can decide for yourself whether hiring an attorney will help you get your business off the ground or not.

Importance of Small Business Lawyers

Small businesses rely on the legal expertise of attorneys to help them through several areas they may not understand. This knowledge includes the following:

Compliance: Lawyers can ensure that your business operates according to local, state, and federal laws.
Risk: Business opens an entrepreneur to several types of risks. Business attorneys can help business owners establish a sound set of procedures for limiting that risk.
Liability: Business terms of service and contract language can be defined by lawyers to restrict your liability if you ever face a legal claim.
Agreements: Lawyers can help establish formal legal documentation for governing relationships across several organizations. You know what you owe this way to people, such as employees, partners, customers, vendors, clients, and others.
Taxes: Lawyers with experience in tax can ensure that you don’t pay more than you owe. In many cases, they can also help reduce your tax liability by identifying valid business reimbursements and deductions.

Need for Small Business Attorneys

These are a few scenarios where start-up small businesses generally decide to work with a lawyer:

Picking a Business Entity: Your attorney can help you decide whether you should form a partnership, sole proprietorship, corporation or LLC based on the size and nature of your business, tax repercussions, and legal pros and cons.
Choosing a Name: Lawyers can carry out the necessary research required for ensuring the name that you pick is not trademarked or being used by another business. You may face legal and financial woes by using a trademarked name.
Formation of the Business Entity: Majority of business owners use the services of an attorney for filing certificates of incorporation and creating partnership agreements. These documents are necessary for a small business owner to operate their business legally.
Permits/ Licensing: Often lawyers are consulted by small business owners for the purpose of obtaining permits and licenses for setting up shop.
Drafting Contracts: Lawyers can easily create contracts with air tight terms. You can use attorneys for creating everything from employee contracts to terms of service to vendors.
Patenting Your Business Idea: You may want to keep your patent confidential while searching for or avoiding patents that are already filed with the US Patent and Trademark Office. Lawyers can also help file your patent application.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Disability Law

Critical financial protection is provided by disability insurance providers to American workers. Unfortunately, disability insurance is a highly misunderstood term. Majority of workforce has home or renter’s insurance, health insurance and car insurance. However, nobody really pays attention to the need for income protection insurance.

Disability insurance provides a portion of the income in case there is an illness or injury which puts you out of work for an extended time period. This is a critical insurance type for most working Americans. Disability insurance will provide the safety net you need when you have to miss work for months or weeks at time. It will help you pay bills during that time period.

FAQs about Disability Insurance

Do I really need disability insurance?

Disability doesn’t always apply to serious illnesses or injuries. According to the US Social Security Administration, one in every four workers should expect to be out of work for a minimum period of 12 months due to some disabling condition before attaining the age of 67. You should consider disability insurance if you think you won’t have the ability to pay bills upon missing work.

Is there a difference between long-term and short-term disability insurance?

Short-term disability (STD) insurance pays for a period of 3 – 6 months. In some cases, the plans can run even longer. Depending on the policy, these plans may cover 60 – 70% of your wages. Long-term disability (LTD) insurance has you covered for longer than 3 – 6 months. However, the plan only pays 40 – 70% of the income if you miss work.

LTD costs more than STD since it offers protection for a significantly longer duration. Your policy terms will dictate the time your insurance pays benefits. This can be for a specific time period, like 5 – 10 years or until you reach Social Security retirement age.

Are all disabilities covered by the disability insurance?

Individual plans have their own definition of disability. These disabilities are usually not covered by most insurance policies:

Disabilities resulting from riot participation
Intentional or self-inflicted injuries
Act of war
Disability during an incarcerated period
Disability as a result of convicted crime
Pre-existing conditions
Occupational injury or sickness (covered by workers’ compensation instead)

Can I collect benefits if I am working part time?

This will be specified in your insurance contract. Most policies allow an individual to work part time. However, they reduce the earnings from the benefits.

How do I calculate the disability insurance amount?

Disability insurance policies that replace the entire income is not usually sold by insurance companies. However, there are a few policies that may replace up to 70% of the income. You should consider getting a supplemental insurance coverage if your employer doesn’t offer a high paying disability plan.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Land Use Law

Land use law characterizes land based on the purpose for which a particular segment of land can be used for and the things that can be built on it. Land use law determines the sort of environment, community or settlement that can be based on the specific type of land.

Importance of Land Use Law

There are several benefits to understanding land use. For instance, it helps potential land buyers avoid time-consuming and costly misunderstandings regarding what can be built on a land parcel and where.

Understanding land use, on a larger scale, can help you determine the patterns associated with urbanization in surrounding areas. Determining the way particular land was used in the past can be a helpful indicator of how it may be used in the future.

Categories of Land Uses

There are several different types of land use. Recreational, transport, agricultural, residential, and commercial land are the five most common categories. You can better invest in a property by understanding the specifics of each one.

Recreational

Recreational lands are meant to be used for the entertainment and enjoyment of people using it. This can be anything from athletic fields and parks to open spaces, swimming pools, and playgrounds. Recreational land is added by cities in their blueprints to make sure that there is enough area for people to enjoy.

Transport

Transport land is intended for structures that help people move from one place to the other. This includes airports, roads, subway stations, and train stations.

Agricultural

Agricultural land is used for the growth and harvesting of crops and livestock. This includes pastures, ranches, and farms.

Residential

Residential land is used for building homes. This can be single family homes, mobile homes, and apartment complexes among others. You should consider proximity to local amenities, accessibility to the property, local schools and crime rate among other things while creating a building plan.

Residential lands come with a few restrictions for its use. For instance, there are rules dictating the type of animals which may be permitted on the property. Minimum lot size, proximity of one building to other, and size of a building among other things are few other restrictions.

Commercial

Commercial lands are designated for shops, businesses, warehouses, and other forms of commerce related infrastructure. These lands are commonly used for restaurants, office buildings, and shops among other businesses. Commercial land may not take a lot of space, but are critical for the overall community dynamics and economy.

It is an exciting venture to buy land. You may just find something that is full of opportunity and potential. However, you should understand the specifics regarding land use if you want to make a successful purchase that becomes the backdrop of all your dreams.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Divorce Legal Advice

Most spouses get a feeling when their marriage is on the rocks and about to break apart. However, many hesitate in being the first one to file for the divorce. This reluctance can stem from the unpredictability and uncertainties surrounding the divorce. It may also be because they just don’t know how to proceed. People considering divorce should know that there are several benefits to being the first one to file for divorce. This post will discuss the various benefits in detail.

Financial Benefits

By being the first one to start the divorce proceedings you make sure you start the process when you are financially prepared to do so. You would have the time to collect all important legal deeds that are necessary for filing the divorce. This includes life insurance policies, investment account statements, deeds, titles to property, social security cards, and wills.

These documents are important as part of the property division process. It may become difficult to obtain these documents once the divorce is underway. You are also in a position to access the family finances for determining the extent of your debts and assets. This will give you an accurate idea of what and how to divide.

People that start the divorce proceedings have the added advantage of ensuring access to the credit and money needed for meeting their unique needs.

Legal Benefits

One of the most important possible legal benefit gained by the person that files for the divorce first is that they can request the court for a Standing Order when filing the petition. This order prevents the other spouse from making beneficiary changes to policies, such as retirement accounts and life insurance. It also prevents the other spouse from transferring property or borrowing against it. This is important if the spouse filing the divorce suspects the other spouse of hiding assets.

The person filing the divorce also gets to choose the jurisdiction in which they can litigate the divorce. Situations where the two spouses are not within the same jurisdiction can save the filing divorce a lot of time in commute.

Another benefit is that where matters go to hearing, the person that files the divorce petition first gets to present their case first. However, this may prove to be a disadvantage if the filing spouse doesn’t want to reveal their strategy to the other spouse. The other spouse in such situations can adjust their presentation to better counter the first spouse’s strategy.

Consult with a Lawyer

You should not refrain from speaking to a seasoned divorce attorney if you think your marriage is coming to an end. This way you discuss specific situations with them and help them determine the best way of moving forward.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.