BREAKING NEWS / JANUARY 01, 2017 / NEW LEGISLATION ENCOURAGES CO-HABITATION DURING DIVORCE

For many years, California Divorce Attorneys have fought ferociously in Family Court over the issue of when – exactly – is the “Date of Separation” in a case where the divorcing spouses continue to dwell in the same house.

But now, finally, the California State Legislature has spoken.  As of January 01, 2017, if Husband and Wife both intend to get a divorce, and have ceased sleeping together and comingling funds as well as “fun,” then they can be legally “Separated,” even if they are living under the same roof.

In an acknowledgment of the weak California economy, and the consequent housing shortage, as well as the public policy of not unnecessarily causing one of the divorcing spouses to become “Homeless” … usually the Husband … Governor Jerry Brown has signed legislation — SB 1255 — which will take effect in January 2017, allowing divorcing couples to be considered legally “Separated,” while still living in the same house.  Under prior California Case Law, the fact that the couple lived under the same roof was usually taken as an indication that they were not legally “Separated.”

This important new law was written and advocated by Senator John Moorlach (R-Costa Mesa).  He believed it was necessary to change the Family Code language because many spouses wish to separate legally in order to protect their personal finances, but also, wish to continue sharing a residence in order to save costs during their divorce. 

 

Thus, SB 1255 should better reflect the reality of modern divorce experiences.

 

While the amended Family Code sections do provide clarity and allow couples more post-separation flexibility, it is important to note that SB 1255 may not be the end of legal disputes about separation dates—in the coming years, case law will further refine the relevant legislative provisions. 

 

Additionally, couples in the process of a divorce should not let SB 1255 pass by them unnoticed because when the new law goes into effect on January 01, 2017, it may retroactively apply to any cases pending on that date, but this issue still needs to be resolved and addressed by the Family Courts in California.

 

Since there are some complicated and confusing issues, you should consult now  — right away! — with your Family Law attorney to develop a “date of separation” strategy that is in your best interest.

 

If you are considering a legal separation or divorce, please contact the experienced family law attorneys at Los Angeles Jewish Lawyers – we can help you navigate the effects of SB 1255 and answer any questions you may have about how the new law will impact your divorce. 

 

The sooner you understand how SB 1255 will affect your legal plans, the better you can prepare for the new rule when it goes into to effect on January 01, 2017.

As before, but to a somewhat lesser extent, the nuances of what a divorcing couple does  –  or does not do  –  while living under the same roof could alter the Family Court’s decision as to their legal status, e.g., the sharing of credit cards and bank accounts, the giving and receiving of gifts, and even the exchange of written thank you notes and greeting cards, could well have been determining factors.

The status of the couple in terms of sharing of debt may be of crucial importance as well.  Generally, the martial status of the couple will determine the character of the debt at the time it was incurred.

The status of the couple’s children will also need to be considered.

We welcome the new legislation by the State of California, because children generally do better if both parents are present in the home, unless the situation involves violence or abuse, or is totally untenable in other ways.  Divorce is not pleasant for anyone involved, whether parents or children.  

Perhaps you’ve seen the 1989 movie, “War of the Roses,” in which a Divorce Attorney, played by Danny DeVito, and with the movie having also been Directed by Danny DeVito, recalls and describes to his new client – who is thinking of divorcing his wife – the sad story of Mr. and Mrs. Rose, whose horribly contentious Divorce ends very badly.  At the end, DeVito advises his potential new client, listen … why don’t you just go home, take your wife out to a nice restaurant for dinner, go back home, each of you going to a different room, on a different floor … and just don’t argue about anything … and … as Rodney King famously suggested, “just get along.”

Starting on January 01, 2017, you can live under the same roof with the spouse that you are divorcing, and still be considered as legally “Separated,” if, and only if, you do not sleep together, do not exchange holiday gifts or greeting cards, and … as at the Courthouse, always watch what you say !

 

 

 

UNDERSTANDING YOUR AUTO INSURANCE POLICY

Accident Injury Lawyer

California Vehicle Code § 16020 requires that all drivers and all owners of a motor vehicle must carry automobile insurance when operating a motor vehicle. California Vehicle Code § 16056 requires that the minimum coverage carried by an operator or owner of a motor vehicle must be a minimum of $15,000.00/$30,000.00. There are many different insurance policies with different types of coverage. The insurance policies are long and complex, and filled with different conditions and exclusions on when the policy applies. Make sure to have your Car Accident Lawyer review your policy in details before getting behind a vehicle.

Accident Injury Lawyer in Los Angeles

Auto Insurance Costs

When purchasing auto insurance coverage, there are certain payments that must be made to maintain the auto insurance coverage without lapsing and additional payments that must be made when making a claim.

  1. A “premium” is paid, depending on the policy, every six months, and it is the amount that is paid to the Los Angeles insurance company to purchase the auto policy. The premium payment covers the term or length of the policy, typically six months or one year, depending on the policy.
  2. A “deductible” is paid when someone opens up a claim with their Los Angeles insurance company. Typically, deductibles range from $500.00 to $1,000.00. Depending on who the at-fault party is, the deductible could be recovered when making an insurance claim. No fees are paid to an insurance agent because they are paid by the insurance companies. However, if a broker is involved, there may be broker fees.

Auto Insurance Coverage Limits

Limits are typically divided into two parts: the first number covers the injury or death of the first claimant and the second number covers any additional parties by stating the maximum benefits per claim. For example, a $15,000.00/$30,000.00 will pay up to $15,000.00 for the death or injury of the first claimant and if more than one person is injured in the collision, a total of $30,000.00 will be paid out for the death or injury of the other parties, but no more than $15,000.00 per person. Coverage limits also extend to property damage and typically range from $5,000.00 to $100,000.00 per claim.

In Los Angeles and California, the driver and owner of a vehicle must carry a minimum of $15,000.00/$30,000.00 coverage for bodily injury claims and $5,000.00 for property damage claims.

Different Types of Insurance Coverage

  1. Liability Coverage: Liability coverage applies when someone is involved in a collision and is deemed at-fault for causing the collision. The coverage limits will only apply to the other claimants and not the insured. This includes coverage for the other person’s medical expenses and vehicle damage. California requires a $15,000.00/$30,000.00/$5,000.00 minimum liability insurance coverage to operate a motor vehicle.
  2. Collision Coverage: Unlike liability coverage, collision coverage only applies to vehicle damage and covers the repairs of the insured’s vehicle, regardless of who is deemed at-fault for the collision.
  3. Comprehensive Coverage: Just like its name, comprehensive coverage will cover everything else – if the car is stolen, broken into, weather damage, hitting a side pole, etc. Regardless of who is at-fault for the collision, comprehensive coverage covers all the other types of property damage claims for the insured’s vehicle.
  4. Personal Injury Protection: Often referred to as PIP, this coverage will cover any medical bills up to the limits that are claimed by the insurer. For those who do not have health insurance, the payments will be made directly to the insured for any out of pocket expenses. This coverage typically ranges from $5,000.00 to $50,000.00.
  5. Uninsured Motorist Coverage: Not all drivers abide by the laws of the state, and chances are, drivers do not carry any insurance coverage. In those instances, the insured’s insurance coverage will kick in and cover the collision. For example, if the insured has $50,000.00/$100,000.00 uninsured motorist coverage and is involved in a collision with a driver who has no insurance, the insured can make a claim up to $50,000.00 against the insured’s insurance company for damages and up to $100,000.00 for the entire collision.
  6. Underinsured Motorist Coverage: Similarly to uninsured motorist coverage, the underinsured motorist coverage will kick in as an excess coverage when the at-fault party’s insurance limits are not enough to cover all the damages. For example, if the at-fault party carries $15,000.00/$30,000.00 and the insured carries $50,000.00/$100,000.00 underinsured motorist coverage, the insured can make a claim up to $35,000.00/$70,000.00 for the collision against their own insurance company.

Personal Exposure After Limits Are Exhausted

In an event of an incident where the auto insurance policy is the only policy that covers the incident and is at fault for the incident, if the injuries claimed by the other parties exceed the coverage that applies, the policy holder’s personal assets will be exposed to a judgment or a verdict. Depending on the usage of the vehicle and employment history, consider obtaining the maximum auto insurance limits or an umbrella policy to avoid exposure.

Know Your Auto Policy

Insurance policies are complex and are filled with exceptions in order to avoid coverage in situations where you need it most. Recovery could be limited based on your coverage.  It is important to understand the extent of your auto insurance policy and what coverage and exceptions could possibly arise in the future. It is just as important to consult an attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

 

Location: Beverly HIlls, CA. 90212

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] gmail.com

Jonathan Bakhsheshian , Esq.

is an associate attorney at Banafsheh Danesh & Javid where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

The Best Time To Hire A Personal Injury Attorney

“YOUR  ATTORNEY  IS  YOUR  COACH”

Lawyer-Up” NOW, Ask Questions Later

The best time to hire a Personal Injury Attorney is immediately, just as soon as the Car Accident or Slip & Fall occurs.  By analogy, let’s say you’re on a professional football team, heading to the Super Bowl.  When do you want your Coach to be there?  Right from the very start, of course!  Your Attorney plays the same role as your Coach.  How well the litigation process proceeds, may be determined largely by how well you handle the “kick-off.”  Don’t make mistakes that you will later regret.

Scouting” the Opponent

Just like a Life Coach needs Scouting reports on the other team, you need all of the relevant information from the other car involved in an accident.  You need name, address, telephone number, Insurance Card, Registration, Driver License, to name a few.  Just think of your Driver License as your “Name,” your Registration as your “Rank,” and your Insurance Card as your “Serial Number.”  That’s all the information you ever can be required to give.  Your Attorney can help you obtain and organize this vital information, as well as contact both your insurance company, and the other guy’s insurance company.  Your Attorney can contact the local Police Department, to get a copy of the Police Report, and get it right away.

Don’t Talk Too Much

At the scene of an accident, don’t be offering apologies or explanations.  Don’t say “I’m so sorry,” or “it was my fault,” or “I was on the telephone.”  For example, I was once in a serious Car Accident on the 170 Freeway.  I was a passenger, not the driver.  The accident was clearly the other Driver’s Fault, since he veered suddenly into the Car Pool Lane, in order to swerve around a line of traffic, as the cars ahead of him slowed to a stop.  As he swerved, he crossed a double yellow (actually quadruple yellow) line, and plowed into the side or our car, since we were already in the Car Pool Lane.

Oddly enough, the Driver of our car had been in an unrelated Bumper Bumping earlier that morning.  The Driver’s Daughter, age 15, could not stop from saying, “OMG (oh my gosh), Mom, two accidents in one day!,” within earshot of the other Driver, who was at fault.  At first, I tried a polite “Shhh” in order to give the talkative teenager the idea of keeping quiet, but it didn’t work.  Eventually, desperate to stop her conversation, I said “shut-up!”  Of course, I lived to regret that comment ….

The point is, right from the start, you’ve got to think like a Personal Injury Attorney, and if possible, hire an Attorney … right away!  Some things … a lot of things … are best left unsaid.

If it’s a serious accident, there may well be litigation, including Court Hearings and Depositions.  At your Deposition, if you have an experienced Los Angeles Car Accident Lawyer that knows how to be a good Coach, you will learn things you’ve never learned before … like how to answer simply “yes,” or “no,” and then to remain silent … no matter how uncomfortable that might feel. It is very important you follow the guidance of your Personal Injury Lawyer.

 

 

 

PERSONAL INJURY LAWYERS

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DRIVING WITHOUT AUTO INSURANCE AND A DRIVER’S LICENSE

California requires that all drivers and all owners of a motor vehicle must carry automobile insurance when operating a motor vehicle. The laws also require that the driver carry a valid driver’s license. If someone is involved in an auto collision without a valid driver’s license or valid auto insurance, recovery can be limited. There may also be criminal liability for failure to obey the rules of the road.

What happens if someone is involved in an auto collision and does not have auto insurance?

If someone is involved in an auto collision and does not have automobile insurance, recovery may be limited. In 1996, California passed the Limitations on Recovery to Uninsured Motorist Act that limits the recovery of automobile drivers who are involved in motor collisions and do not have auto insurance. Also known as Proposition 213, the act denies recovery for noneconomic damages, such as claims for pain and suffering. However, there are certain exceptions. For example, if the vehicle was operator for the driver’s employer, if the accident occurred on private property, or the owner of the vehicle did have insurance coverage.

Car Accident Attorney

Nevertheless, if someone was involved in an auto collision and cannot show proof of financial responsibility by purchasing liability insurance, the person involved in the auto collision can post a bond or deposit cash in the amount of $35,000.00 with the Department of Motor Vehicles. This allows the party to meet the financial responsibility requirement of the California Vehicle Code and allows full recovery. Though, this process is tedious and requires assistance from an attorney.

If the person involved is a pedestrian or a passenger in the vehicle, then Proposition 213 does not apply. There are also other exceptions if the collision resulted in a wrongful death claim, caused by a drunk driver, or if there is a claim for punitive damages. These exceptions are case specific, and a Car Accident Attorney must be able to make the determination.

What happens if someone is involved in an auto collision but does not have a driver’s license?

In California, driving without a valid driver’s license is either a misdemeanor or an infraction. This is made clear in California Vehicle Code § 12500. If charged and convicted for a misdemeanor, there can be penalties up to and including six months in jail and up to $1,000.00 in court fines. If the conviction is determined to be an infraction, the maximum penalty is $250.00.

However, not having a driver’s license itself does not impact the collision claim. They are two different claims and there is no requirement to have a driver’s license to make a claim under an insurance policy. This gets tricky only if there is no auto insurance coverage or the driver involved in the collision is explicitly excluded from the policy.

What happens if someone is involved in an auto collision but with a suspended driver’s license?

In California, driving with a suspended driver’s license is a misdemeanor. California Vehicle Code § 14601 imposes penalties such as jail time and court fines. Typically, the jail time and court fines are relative to the underlying reason of the suspension i.e. DUI.

Contact an Attorney

Insurance policies are complex. Recovery could be limited based on your coverage. If a claimant is uninsured or has a suspended driver’s license, there may also be criminal charges. It is important to Consult an Attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

Location: Beverly HIlls, CA. 90212

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] gmail.com

Jonathan Bakhsheshian , Esq.

is an associate attorney at Banafsheh Danesh & Javid where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

Can Personal Injury Lawyers Reach a Peaceful Future? The Magic of Technology

I often wonder where our society is heading with the rapid exponential advancement in technology. The days of pagers and dial phones are a far distant memory that we now have a difficult time explaining to our children.

Could we have the same challenge telling our grandchildren what is/was a cell phone and why we needed a tablet? I think it is inevitable that many of today’s marvels will become old relics of which only the old and wrinkled will have a memory.

This goes also for how we do other things, for example the type of cars we drive and the technology used to keep us safe on the road inside the vehicle and in infrastructure. The cars operating on Los Angeles’ freeways are of a greater variety than just a decade ago; the major shift has been in the use of electrical vehicles. They look and drive the same as the indigenous gas monster but with finesse and a collective spirit of looking forward to …. greener planet.

But even greater developments are coming for cars. Let’s try to stretch our imagination and penetrate into a futuristic reality in which we can possibly experience a future day in our life. First cars will be driven autonomously (it has already started if you haven’t read the latest tech news) and linked to the net grid. Cars will offer each driver the best route and time to leave the house to get to their destination on time. Taking the side streets will not be needed because there will be no traffic jams. All traffic is calculated down to the second pedestrians takes their first step onto the pavement.

Now what does it mean? Will it mean no accidents or at least down to a fraction in terms of national average? Most likely, yes. A slow mutative domino effect will take place, less accidents= less injuries/fatalities = less lawsuits = less auto body-shops = less junkyards = less traffic tickets and the list goes on.

Imagine Personal Injury Attorney law firm’s staff meeting coming to the conclusion that taking on car accident cases is no longer a profitable goal for the company and they will have to cut off that specialty from their main business model? What a day!

Are we truly coming upon a technological paradigm that will shift our lives entirely and make our lives more …… peaceful?

I often ponder, what if we shifted so far out that we cut down our traditional transportation needs by 80% because, we can now travel without a car, train, boat and or plane?

What say you?

Are We Headed to a Better Future?

PERSONAL INJURY LAWYERS

Call 855-977-1212 to speak with one of our lawyers

Your consultation is Free

RECORDED STATEMENTS: A TRAP FOR THE UNWARY

California Insurance Code § 2071 puts forth the authority that gives fuel to the insurance companies in seeking a recorded statement. Often times, adjusters will push on getting a recorded statement from the offset of a claim. However, providing a recorded statement to your insurance company or the at-fault driver’s insurance company could be detrimental to your case. Here are some common misconceptions about recorded statements:

  1. Do I have to give a recorded statement to my own insurance company?

Yes. Insurance companies have a duty to investigate a claim. Recorded statements from their insured, witnesses, the other party, in addition to gathering photographs, police reports, medical records, etc. is part of their investigation. The insurance policy may also have a clause requiring the insured to comply in their investigation and provide a recorded statement in addition to other documents. Refusal to provide a recorded statement or obstructing their investigation could be grounds for denying the claim. The witness should always check the policy.

Accident Attorney in Los Angeles

  1. Do I need to provide a recorded statement to the at-fault party’s insurance company?

 No. There is no requirement to provide a recorded statement to the at-fault party’s insurance company prior to filing a lawsuit and attending a deposition. However, under certain circumstances, it may be beneficial to provide a recorded statement. Any delay in the insurance companies’ investigation could also delay payment of your claim. But always be cautious.

 WAIT! Can they just ask me anything?!

No. Recorded statements are often used to aid in determining liability and revolves around the facts of the collision. The witness should always clarify during the recorded statement that they are providing a statement only for the purposes of determining liability and only to the facts of the collision. Do not get bullied into providing additional unnecessary information or providing a medical opinion regarding your injuries. This may be used against you. Depending on the policy, if you are providing a statement to your own insurance, you may have to provide additional information about your injuries.

  1. Am I entitled to a copy of my recorded statement?

Yes. Your own insurance will provide a copy if the request is made prior to giving a recorded statement. The at-fault insurance company must also provide a copy. Pre-litigation recorded statements are not made before the insurance company retains an attorney and are taken by an adjuster, not an attorney. Therefore, the recorded statement is not work product and a copy must be provided. See Wilson v. Superior Court of Los Angeles Cty. (1964) 226 Cal.App.2d 715, 724.

  1. WARNING: The Uninsured/Underinsured Trap

Beware. Providing a recorded statement to the at-fault insurance company may be detrimental to your claim, but even providing a recorded statement to your own insurance company can also be detrimental. Most drivers carry uninsured/underinsured motorist coverage. These policies go in effect when the at-fault party does not have insurance or when your damages exceeds the policy of the at-fault party. If the coverage applies, your own insurance company steps into the same position of the at-fault party and may need to pay out on the claim. Adjusters are trained to be prepared for these situations. Their questions during the recorded statement will be tailored to investigating facts in order to deny the uninsured/underinsured coverage. The recorded statement will later be used against you.

The decision is not as simple as it sounds.

Lawyers are not experts in math but they are experts in the law. Determining whether it is beneficial to your claim to provide a recorded statement requires an examination of your collision. Any delay can also cause a delay in settling your claim.

It is important to understand your rights and know when to provide a recorded statement. It is just as important to consult an attorney in your state to understand these rights. Do not wait, never hesitate, and reach out to a professional who is ready to work for you.

By:

Jonathan Bakhsheshian, Esq.

jbakhesq [at ] gmail.com

Direct line: (310) 363-0551

Location: Beverly HIlls, CA. 90212

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] gmail.com

Jonathan Bakhsheshian , Esq.

is an associate attorney at Banafsheh Danesh & Javid where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

TOTAL LOSS VEHICLE: WHAT NOW? – CAR ACCIDENT LAWYERS

The general rule is that the measure of damages for a total loss vehicle is the price at which the Car can be sold at public sale or in the open market. Tatone v. Chin Bing (1936) 12 Cal.App.2d 543, 545-46. The judicial test of market value depends upon the fact that the property in question is marketable at a given price, which in turn depends upon the fact that sales of similar property have been, and are being, made at ascertainable prices. San Diego Water Co. v. San Diego (1897) 118 Cal. 556, 633.

Car Accident Lawyers

Consult an Attorney in Los Angeles

Call 855-977-1212 and speak with one of our Car Accident Lawyers to see if you have a case.

California Civil Jury Instruction § 3902J provides further instructions regarding total loss compensation. But calculating the reasonable value of a total loss vehicle is complicated and can raise several issues. Most insurance companies hire a third party company to evaluate the total loss and the fair market value of the total loss vehicle. Therefore, it is important to understand what constitutes a fair compensation before getting ready to bat with the adversary, whether it is your own insurance company or the at-fault party’s carrier. Here are some factors to consider when evaluating a total loss report:

  1. Finding Comparable Vehicles

The first place everyone goes to check the price of their vehicle is the Kelley Blue Book. Although the Kelley Blue Book is a great place to start to get an idea of what a total loss vehicle would be valued, the Kelley Blue Book does not consider several other factors, including recent purchases and public auctions, additional components, recent modifications, etc. as required by California law. After getting a starting point from Kelley Blue Book, the next thing to do is to find comparable vehicles that are being sold within fifty to a hundred miles from the residence of the owner of the vehicle. There are dozens of websites including Edmunds, Autotraders, and Cars.com that can assist in locating them. It is best to find four to six comparable vehicles.

Make sure that the comparable vehicles are the same year, make, model, and have similar mileage. If there are none that are similar, it is possible to make the argument fore vehicles within one to two years and the mileage that is not too far apart. Another important factor is to make sure that the vehicles have the same history – if the vehicle was purchased as a certified pre-owned vehicle from a dealership, make sure the comparable vehicles are also certified pre-owned. If the vehicle was never involved in an accident, make sure the comparable vehicles do not have a history of second-hand parts, which would decrease their value. If there are none with the same history, make sure to raise the argument during negotiations. Also, factor in the use of the vehicle. If the driver of the vehicle is a student or an employee who makes long trips, the wear and tear on the vehicle will be different compared to someone who uses the vehicle in a city and is often stuck in stop-and-go traffic.

  1. Factoring in Additional Parts & Modifications

Tires need to be replaced between 25,000 to 60,000 miles, depending the use. Brakes are changed every 30,000 to 70,000 and brake pads are changed every 25,000 to 60,000 miles. Most new vehicles undergo maintenance checks every 10,000 to 20,000 miles. Make sure that if the tires, brakes, brake pads, or other components of the vehicle were recently changed prior to the collision, to include a copy of the receipt when making the evaluation. If there is no receipt use similar parts and include a copy. This will significantly change the value of the total loss vehicle.

Often times, people make modifications to their vehicles. This includes new rims, tints, an exhaust pipe, floor mats, child seats, booster seats, stereo equipment, roof rack, surf rack, etc. If anything was added to the total loss vehicle, find the receipt or a comparable model, and also include it.

  1. Factoring in Warranty

If there was a warranty purchased at the time the vehicle was purchased, the owner is entitled to compensation for the remaining years left on the warranty. This calculation must be done by apportionment. For example, if a ten year warranty was purchased and the vehicle was totaled after five years, then compensation should be received for the remaining five years.

  1. Factoring in Your Deductible

If the owner of the vehicle’ insurance company is making the claim and liability is yet to be determined, chances are the insurance company will subtract the deductible from the total loss payout. Do not be hesitant to ask the insurance company to waive the deductible given the circumstances surrounding the collision.

  1. When Your Vehicle is a Lease vs. a Purchase

If the vehicle was purchased, as discussed above, the owner of the vehicle will receive compensation for the full value of the fair market value. However, if the vehicle was a lease, make sure that the insurance company is aware and that they receive a copy of the most recent statement from the lienholder. Once there is a final agreement for the value of the total loss vehicle, the lienholder will be compensated for the remaining loan and the balance will be issued directly to the vehicle owner.

  1. Processing Fees

Do not forget – the insurance company must also pay the sales tax of the vehicle, licensing fee, and any DMV related transfer fees.

It’s not as simple as it sounds.

Lawyers are not experts in math but they are experts in the law. Figuring out a reasonable settlement for a vehicle deemed a total loss by an insurance company is more complicated than described above. Many other factors must also be taken into consideration. Insurance companies are aware of those factors and will often oversee them. In other situations, if a Lawyer is not involved in the negotiations, there is no pressure for the insurance companies to increase their offer once it has been set. Given the severity of the Car Accident collision, this might be a negotiation no one would want to deal with.

It is important to understand the extent of the damages and what can be recovered based on the specific facts surrounding the claim. It is just as important to Consult an Attorney in Los Angeles immediately following a collision to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to work for you.

By:
Jonathan Bakhsheshian, Esq.
jbakhesq [at] gmail.com
Direct line: (310) 363-0551

Location: Beverly HIlls, CA. 90212

Consultation: Free - 60 minutes

Tel: (310) 363-0551

Email: jbakhesq [ at ] gmail.com

Jonathan Bakhsheshian , Esq.

is an associate attorney at Banafsheh Danesh & Javid where he specializes in wrongful death and catastrophic injury litigation.
He obtained his Bachelor of Arts in Philosophy at the University of California, Los Angeles and earned his Juris Doctorate from Pepperdine University School of Law. At Pepperdine, Jonathan was the Lead Articles Editor of the Pepperdine Dispute Resolution Law Journal and a lead member of the negotiations and mediations Team. He competed in several nationwide and international negotiation and mediation competitions. Jonathan continued his studies at the number one, nationally-ranked Straus Institute for Dispute Resolution and obtained his Masters in Dispute Resolution.

In addition to his classroom training, Jonathan externed for the United States District Court, Central District of California; United States Attorney’s Office, Department of Justice; Honorable Judge Robert Kwan, Bankruptcy Judge of the United States Bankruptcy Court for the Central District of California; Los Angeles Superior Court; and for the Los Angeles District Attorney’s Office.

Jonathan is dedicated to the principal and philosophy that every injured victim is entitled to the best representation, regardless of their personal financial status or complexity of their case. Jonathan prides himself on being a tough, creative, and fair legal advocate for all of his clients.

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

UNDERSTANDING YOUR PERSONAL INJURY CLAIM

California Civil Code § 3281 states in pertinent part, “every person who suffers detriment from Personal Injury, the unlawful act or omission of another, may recover from the person in fault a compensation in money, which is called damages.” California law limits recovery to actual harm caused to the victim. Those damages are divided into two categories: economic damages and non-economic damages.

A. Economic Damages

Economic damages includes “objectively verifiable monetary losses” which includes past and future medical expenses, past and future lost earnings, lost earning capacity, and loss of use of real property. California Civil Code § 1431(b)(1). The amount recoverable for medical care and services must be reasonably and attributable to the injuries suffered from the incident. However, when determining future medical costs, the calculation can get difficult, since the medical treatment has not yet occurred. Typically, an attorney will consult with an expert in the field to evaluate your injuries to determine any future medical care and assign a reasonable value to the care.

Personal Injury Lawyers

Call 855-977-1212 and speak with one of our Local Personal Injury Lawyers to see if you have a case.

The same applies for future lost earnings and lost earning capacity. Attorneys will consult with expert economist to determine the amount of lost wages and the reduced capacity to earn a salary. Loss of use of real property is determined by the cost to rent the similar item of personal property. For example, a rental company may charge $30.00 a day to rent a compact size vehicle. The courts will often rely on such information to determine the loss of use of personal property.

B. Non-economic Damages

Contrary to economic damages, non-economic damages includes “subjective non-monetary losses” which includes pain, suffering, inconvenience, mental suffering, emotional distress, loss of companionship, injury to reputation, and humiliation. California Civil Code § 1431(b)(2). Emotional injuries includes mental injuries such as fear, insomnia, grief, worry, inconvenience and the loss of enjoyment of life.

Calculating non-economic damages can be very difficult. One way to evaluate the value of your non-economic damages is by multiplying the economic damages. For example, if the economic damages are approximately $10,000.00, the non-economic damages can be a multiplied by five and the average amount of non-economic damages can be $50,000.00. Getting an exact amount is difficult and requires rationale supporting the estimated amount. Lawyers will often consult with experts in the field to determine a reasonable amount and will argue with insurance companies and attorneys to justify their clients’ position.

C. Contributory Negligence

It has been a long policy of the California courts that if the party to a claim was negligent at the time of the incident, the party may be apportioned a percentage of responsibility for the harm. If the party making the claim for injuries is found to have been at fault, then the jury will decide the percentage of responsibility to that party and the defendant, and reduce the total damages by the percentage of responsibility. For example, if the jury finds that the Plaintiff is 20% responsible for an incident, but finds the Defendant 80% liable and awards Plaintiff $2,000,000.00, then the gross verdict will be reduced to $1,600,000.00.

It’s not as simple as it sounds.

Damages are limited but the type of damages is very case specific. Some Personal Injury actions, such as wrongful death actions, allow for the recovery of burial costs. Other personal injury actions allow for costs of repair or replacement for any damage to property, loss of employment, and loss of business or employment opportunities. Given the severity of an incident, a party may even recover for the lost earning capacity and loss of ability to provide household services. Others allow for the recovery of emotional distress, even when the party making the claim was not directly harmed by the incident.

It is important to understand the extent of your damages and what can be recovered based on the specific facts surrounding the claim. It is just as important to consult an attorney in your state immediately following an incident to better understand and protect your legal rights. Do not wait, never hesitate, and reach out to a professional who is ready to serve your needs.

By:

Jonathan Bakhsheshian, Esq.

jbakhesq@gmail.com

Direct: (310) 363-0551

 

 

TERMS & CONDITIONS FOR ATTORNEY-WRITTEN BLOGS

 

This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

When reading this article, the reader must understand that there is no Attorney-Client relationship between the reader and the posting attorney.  An attorney-client relationship is established only when there is either a Contract between the parties, or a private, confidential meeting and/or communications between the Attorney and the client.

 

The posted article may be changed, improved, or updated without notice.  The posted article is basically an expression of opinions and thoughts, and the posting attorney makes no representations as to accuracy, completeness, or validity of any information in the article, or otherwise on this website.  The posting attorney will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use, in any way or form.

 

This article should not, and cannot, be used as a substitute for competent legal advice from a licensed professional attorney in your state.  This material does not constitute legal advice, and no reader should act or refrain from acting on the basis of any information contained in the posted article, without seeking appropriate legal or other professional advice on that reader’s particular circumstances.

 

Furthermore, the posting attorney does not endorse any content provided on this website, including any blogs or articles posted by others on this website, and is not associated with the publisher or the website, in any way or form.

You Agree to the Terms and Conditions Disclaimer

Should the Drinking Age Be Lowered to 18 in California?

All 50 US states have set their minimum drinking age to 21 although exceptions do exist on a state-by-state basis.

Considering health risks, accidents, DUI, analyses found higher legal drinking ages associated with lower alcohol consumption, 18 is the age of adulthood and more.

Would you support reducing the minimum legal drinking age (MLDA) from 21 to 18?

Lawyers help resolve DUI cases and doctors save lives but they all hope to see less of those. Keeping the roads safe is a goal we all share. Can we reduce this problem by changing the legal age of alcohol consumption?

Los Angeles DUI Attorney

 is a

Phone Call Away 855-977-1212

Here are some 14 pros and cons details with various statistics put together by ProCon.  It will help you learn about aspects of this subject that you might not have considered before.

Pro Arguments

18 is the age of adulthood in the United States, and adults should have the right to make their own decisions about alcohol consumption.

Turning 18 entails receiving the rights and responsibilities of adulthood to vote, smoke cigarettes, serve on juries, get married, sign contracts, be prosecuted as adults, and join the military – which includes risking one’s life

Con Arguments

Lowering MLDA 21 would be medically irresponsible.

Alcohol consumption can interfere with development of the young adult brain’s frontal lobes, essential for functions such as emotional regulation, planning, and organization. When alcohol consumption interferes with this early adult brain development, the potential for chronic problems such as greater vulnerability to addiction, dangerous risk-taking behavior, reduced decision-making ability, memory loss, depression, violence, and suicide is greater

Allowing 18- to 20-year-olds to drink alcohol in regulated environments with supervision would decrease unsafe drinking activity.

Prohibiting this age group from drinking in bars, restaurants, and other licensed locations causes them to drink in unsupervised places such as fraternity houses or house parties where they may be more prone to binge drinking and other unsafe behavior.

Lowering MLDA 21 to 18 will irresponsibly allow a greater segment of the population to drink alcohol in bars and nightclubs, which are not safe environments.

76% of bars have sold alcohol to obviously intoxicated patrons, and about half of drivers arrested for driving while intoxicated (DWI) or killed as alcohol-involved drivers in traffic crashes did their drinking at licensed establishments. Neighborhoods with higher densities of bars, nightclubs, and other alcohol-selling locations suffer more frequent assaults and other violent crimes.

Traffic accidents and fatalities are most common among newly-legal drinkers, regardless of the MLDA.

In 2009, the 21- to 24-year-old age group had the highest percentage of drivers in fatal crashes with blood-alcohol concentration (BAC) levels of .08 or higher – 35 percent.  Any increase in traffic accidents or fatalities in 18- to 20-year-olds would be offset by a decrease for those 21 and older.

The right to drink should have a higher age of initiation because of the dangers posed by drinking.

Many rights in the United States are conferred on citizens at age 21 or older. A person cannot legally purchase a handgun, gamble in a casino (in most states), or adopt a child until age 21, rent a car (for most companies) at age 25, or run for President until age 35. Drinking should be similarly restricted due to the responsibility required to self and others.

There are fewer drunk driving traffic accidents and fatalities in many countries with MLDA of 18.

Although the United States increased the MLDA to 21 in 1984, its rate of traffic accidents and fatalities in the 1980s decreased less than that of European countries whose legal drinking ages are lower than 21.

MLDA 21 reduces traffic accidents and fatalities.

100 of the 102 analyses (98%) in a 2002 meta-study of the legal drinking age and traffic accidents found higher legal drinking ages associated with lower rates of traffic accidents. [19] The National Highway Traffic Safety Administration (NHTSA) estimated that MLDA 21 decreased the number of fatal traffic accidents for 18- to 20-year-olds by 13% and saved approximately 27,052 lives from 1975-2008.

The decrease in drunk driving fatalities as a percentage of total traffic fatalities in the United States does not correlate to the MLDA.

Since 1982, two years prior to the Uniform Drinking Age Act establishing an MLDA of 21, a decline of drunk driving fatalities occurred across all age groups and demographic categories, and therefore cannot be reliably attributed to MLDA 21.

MLDA 21 reduces alcohol consumption.

In a 2002 meta-study, 87% of the analyses found higher legal drinking ages associated with lower alcohol consumption.  In 2009, the NHTSA found that the percentage of weekend nighttime drivers with a blood-alcohol concentration (BAC) of .08 or higher declined from 5.4% in 1986 (two years after the MLDA was raised to 21) to 2.2% in 2007.

Lowering MLDA from 21 to 18 would diminish the thrill of breaking the law to get a drink.

Normalizing alcohol consumption as something done responsibly in moderation will make drinking alcohol less of a taboo for young adults entering college and the workforce.

MLDA 21 should not be lowered to mirror European drinking age limits because the rate of drinking among US teenagers is lower than most European countries.

US teenagers also show equal or lower rates of intoxication/binge drinking than do adolescents from most European countries, and most European countries report higher rates of intoxication and binge drinking for youth under 13.

MLDA 21 is largely ineffective because the majority of teens continue to consume alcohol.

According to the National Center on Addiction and Substance Abuse, underage drinking accounts for 17.5% ($22.5 billion) of consumer spending for alcohol in the United States. In 2006, 72.2% of twelfth graders reported drinking alcohol at some point in their lives.

MLDA 21 laws reduce the number of underage drinkers.

The percentage of underage drinkers has decreased since 1984 when most MLDA 21 laws came into effect.  Studies indicate that when the drinking age is 21, those younger than 21 drink less and continue to drink less through their early 20s, and that youth who do not drink until they are 21 tend to drink less as adults.

High non-compliance with MLDA 21 promotes general disrespect and non-compliance with other areas of US law.

MLDA 21 encourages young adults to acquire and use false identification documents to procure alcohol. In this era of national security concerns, including terrorism, illegal immigration, and other threats, it would be better to have fewer fake IDs in circulation and more respect for the law.

MLDA 18 is not a right.

A US district court ruled on Dec. 22, 1978 that MLDA 21 is “reasonably related to a state objective of reducing highway crashes,” and that MLDA 21 withstands a constitutional challenge on three key legal issues: (1) drinking alcohol is not a “fundamental” right guaranteed by the Constitution, (2) age is not inherently a “suspect” criteria for discrimination (in contrast to race or ethnicity, for example) and (3) using the drinking age to prevent highway crashes has a “rational basis” in available scientific evidence.

MLDA 21 enforcement is not a priority for many law enforcement agencies.

Police are inclined to ignore or under-enforce MLDA 21 because of resource limitations, statutory obstacles, perceptions that punishments are inadequate, and the time and effort required for processing and paperwork. An estimated two of every 1,000 occasions of illegal drinking by youth under 21 results in an arrest.

The American public overwhelmingly supports MLDA 21.

A 2007 Gallup poll found that 77% of Americans would oppose a federal law that lowers the drinking age in all states to age 18.   Numerous state and national surveys dating from the 1970s (when states were raising the legal drinking age) through the present have shown overwhelming public support for MLDA 21.

MLDA 21 is not statistically associated with lower rates of suicide, homicide, or vandalism.

In a 2002 meta-study of the legal drinking age and health and social problems, 72% of the studies found no statistically significant relationship despite claims that lowering the MLDA to 18 would increase suicide and criminal activities by adolescents.

Lowering MLDA 21 would give high schoolers and even middle schoolers easier access to alcohol.

Newly-legal drinkers often purchase alcohol for their underage peers, creating a “trickle-down” effect. Surveys show that the most common source of alcohol among 18- to 20-year olds is their 21- to 24-year-old peers.

Drinking alcohol is an enjoyable activity.

18- to 20-year-old adults should not be denied that enjoyment when other pleasurable activities are legal at age 18.

MLDA 21 helps prevent underage binge drinking.

Binge drinking peaks among 21- to 25-year-olds at 45.9%, while the binge drinking rates of those aged 12-13, 14-15, 16-17, and 18-20 are 1.5%, 7.8%, 19.4%, and 35.7% respectively.

Lowering MLDA 21 would reduce the number of underage people who are hurt from alcohol-related injuries or accidents due to fear of legal consequences if they sought medical attention.

MLDA 21 exerts valuable social pressure on potential underage drinkers and those who may serve them.

Youth may choose not to drink, or to drink less often, because of decreased social acceptability or increased risks from parental or legal authorities. Older youth and adults may furnish alcoholic beverages to minors less frequently, and licensed alcohol outlets may sell to minors less frequently, because of their perceptions that it is illegal, morally wrong, or because they might be caught.

State governments should have the right to establish a lower legal drinking age that reflects their unique demographics, legal context, and history.

The Uniform Drinking Act, which compelled states to set the legal drinking age at 21 by withholding ten percent of highway funding from states that kept the minimum legal drinking age at 18, is an example of federal government overreach into state affairs. Many states that were happy with their MLDA 18 bowed to federal pressure rather than lose millions in annual highway funds.

The MLDA should stay at 21 because people tend to be more mature and responsible at 21 than 18.

18-year-olds are typically entering a new phase of independence from their parents through college or the workforce, and are more susceptible to binge drinking, risky sexual activity, and other irresponsible behavior due to lack of maturity.

Lowering MLDA 21 would be good for the economy.

More people would legally be able to drink in bars, restaurants, and other licensed establishments. Revenue would increase for private business owners, and greater amounts of tax revenue would be collected by the government.

Lowering the drinking age will invite more use of illicit drugs among 18-21 year olds.

A peer-reviewed study from the Journal of Studies of Alcohol and Drugs found that the younger a person begins to drink alcohol the more likely it is that they will use other illicit drugs. Lowering MLDA 21 would increase the number of teens who drink and therefore the number of teens who use other drugs.

“Mom! I Had an Accident” – The Lawyer Story You Can Relate To

Yesterday, I was Car #2 in a seven-car accident on Olympic Boulevard in West Los Angeles, but I really don’t know what to do. We called the Police, and we all (… that is, all 7 cars … there was an 8th car, that caused the pile-up, but they sped away …) waited there for more than 45 minutes but the Police never came. Perhaps, when the “911” Operator asked, was anyone hurt, I should have said “YES,” but instead, I said “I don’t think so … “

Car Accident Attorney

Car Accident Attorney

Today, I wish I had a Car Accident Attorney “lined-up.” The truth is, I’ve never used an Attorney, and I have no idea who to call. Right now, I’m calling miscellaneous friends, asking, “have you ever been in a car accident,” and did you use an attorney. Sometimes, I’m just leaving voicemail messages. It’s silly to even think about it, but I really wish I had done this research before my car accident happened !

My neck, shoulder and back are stiffening up, and beginning to hurt. Hopefully, this is no big deal, but I’m thinking that I should go to a Chiropractor or some kind of doctor. But same story here … I really don’t know who to go to. I go to a Family Medical Clinic, and I’ve made an appointment, but they can’t see me until Friday. I know … I could go to the Emergency Room at a Hospital or Urgent Care, but I still don’t feel quite right treating this as an “Emergency.” Again, it’s really silly, but I wish I had a list of Chiropractors. I guess if I’d lined up a Car Accident Attorney before, I could call them right now, and get a referral to a Chiropractor that would treat me for free, and get paid after the insurance companies sort this out.

I’ve called my own insurance company, and reported the accident. I got the insurance information from the Driver in front of me, and behind me, but I don’t know what to do …. Am I supposed to call their insurance companies, or does my company do that ? A Car Accident Attorney would know the answer !

Here’s what I’m thinking … right away, I knew to call “911.” At my kids school, they have a list of numbers to call right away, if there’s a problem.
I really should have an “Emergency List,” with the names and numbers of a couple of Car Accident Attorneys, a couple of Chiropractors, my Family Medical Clinic number, a list of friends with cars, that could come pick me up, if I can’t drive, but don’t want to call an Ambulance. I am going to make sure I’m better prepared in the future … starting with a reliable referral to a really Good Car Accident Attorney !

 Los Angeles Lawyer

The Best Car Accident Lawyer in Los Angeles is a Phone Call Away 855-977-1212

What if You Misdialed? or, Had Long Nails? – Calling a Lawyer with a Dial Telephone

Compare the diversity and capabilities of today’s phones and you would astonish the mind of anyone traveling in time from the mid 80’s. Not such a far distance on the waves of time but look at what we have accomplished. Our now “Smart” phones are more culturally integrated to our society than religion. Such a small device and yet punches through almost every aspect of our lives.

Not long ago, phones did one thing, gave us the ability to speak and listen to someone on the opposite side of the communication line. Calling involved using your finger (the index in most cases) to turn a circular dial to achieve the proper sequence. More often than non, we misdialed and what we had to do next was most annoying: Start Over! Yes it is true (for all you who are too young to know or remember). In today’s “Smart” phone you can go back and delete a number very quickly but with a dial telephone, you had to hangup the line, pick the headset again and start dialing.

Now days, calling a lawyer, can be as easy as verbally asking the phone to perform the task, hands free. It can even search for the Nearest Personal Injury Lawyer if need to purely magic to our time traveler.

Yellow pages! do you remember those heavy bulky monster books layered with thousands of thin paper?

That’s what we had to deal with. The font was so small you could easily misdialed to your attorney.

Our old dial telephone was a great tool for many years indeed but, it was “cramping-our-style”. 

 

Find a Lawyer Los Angeles

 

Picture Credit: Pinterest

Long finger nails were the greatest challenge. Back in the day and even now, ladies who pick a job involving intense use of their fingertips know very well whats at stake.

You make them long and soon enough the glory, will be short or chipped away with a tear in the eye.

Blast From The Past – Lawyer Trivia

If you know what this is, you must have lived to experience its magic. My father was a Top Los Angeles Lawyer and in his office he had one with the best equipment to make it even better.

Gosh I miss those simple days. Don’t you?

UNDERSTANDING YOUR PROPERTY DAMAGE CLAIM

After being involved in an auto collision, the law requires the responsible to compensate the injured for all the harm that they caused. Generally, compensation is divided into a property claim and an Injury claim.

A- Vehicle Repair

Damages to the vehicle are covered under the property portion of the claim. Insurance Code § 758 provides that an insurance company cannot require the vehicle to be repaired at any specific body shop. The claimant is entitled to repair the vehicle at a body shop of their choosing. If the claimant is covered by comprehensive coverage, then the claimant’s insurance will pay for the repairs, minus any applicable deductible. Once the repairs are complete, if the other party’s insurance company has accepted liability, then the claimant’s insurance may waive the deductible fee. Alternatively, if the claimant must pay the deductible out of pocket, the claimant will be able to recover the out of pocket expense from the other driver once liability has been established.


Accident Injury Attorney

Call 855-977-1212 and speak with one of our Local Car Accident Lawyers to see if you have a case.


 

B- Rental/Loss of Use

During the time that the vehicle is being repaired, a rental car may be needed. If the claimant is covered by a rental policy, their insurance company will cover the rental vehicle based off of the agreed coverage amount. If the claimant is not covered by a rental clause and must pay out of pocket for the rental, the claimant will have a claim for reimbursement for the out of pocket rental expenses from the other driver. The rental rate must generally be at a reasonable amount comparable to the damaged vehicle, rented only during the time of the repairs, and does not include reimbursement for additional insurance purchased from the rental company. Typically, if the other party has accepted liability, but the claimant does not have rental coverage, direct pay may be requested by the other driver’s insurance company without requiring the claimant to pay out of pocket.

In certain situations, the claimant involved in a Collision may not need a rental vehicle or may an alternative method of transportation. In these situations, the claimant can make a claim for loss of use of their damaged vehicle. A claim for loss of use compensates the claimant for the time that they were not able to use their vehicle during the repairs. Often times, this rate is equivalent to the rate of a comparable rental vehicle.

C- Other Property Damage

Other claims included in the property portion include items damaged during the collision. Insurance Code § 11580.011 requires the insurer to replace a car seat or reimburse the claimant for the cost of purchasing a new car seat if it was in use by a child during the collision or if it sustained a covered loss while in the vehicle. The claimant has the option to give the replaced car seat to their nearest California Highway Patrol office.

Depending on the auto coverage the claimant and the other driver(s) have, there may be additional property damage claims asserted. Other complexities may arise depending on the specific facts of the collision. Auto insurance policies can be very confusing, but it is important to understand the coverage and how the coverage protects the claimant in case of a collision. It is important to Consult An Attorney in your state immediately following a collision to better understand your legal rights.

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This article is made available by the posting attorney for educational and/or discussion purposes only, as well as to give the reader some general information and a superficial understanding of legal terms, but certainly not to provide specific legal advice.  The article does not constitute either formal or informal legal advice, and is not a solicitation for the provision of legal services.  Under some interpretations of the legal ethics rules, some or all material in this article may be considered attorney advertising, but it is certainly not legal advice, and was never intended to provide legal advice.  The hiring of a lawyer is an important decision that should not be based upon advertisements, including any posted articles such as this one.  Every legal matter is different.  No specific results are implied by any discussion provided in any article, and no specific results could be achieved.

 

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What Type of Chocolate is Your Lawyer?

 

To say that lawyers are somehow related to chocolate would spark a long challenging argument in court and on the streets of Los Angeles. Most likely the best lawyer will win and declare their own favorite brand as the best pick.

Here is the scenario we wish to speak with you about: If you are not already a lawyer, try to imagine you are, just for a few moments. Settle into that job description with all of its potential luxuries: Big office towering above Los Angeles, fancy car, lucrative vacations and the one most important of them all: Unlimited supply of your favorite chocolate. Considering your chocolate-love is locked on one type or brand, which will you choose for your desktop ice breaker? Hershey Kisses, M&M? or, a more refined and well designed like Lindor Truffles, Godiva or some of those yummy gold foil wrapped treasure, Ferrero Rocher?

Perhaps you might even go farther up the list of quality cocoa brands, the top-notch of chocolate heaven. They are lavishly mesmerizing and of course very expen$ive. But of course at your hourly rate as the Best Lawyer in Los Angeles you can afford it, if not for your office guests than surly to stow your private stash hidden at the top locked cabinet.

To name a few of those lavish brands, we turned the wisdom of top sweet-tooth junkies in our nation: From the land of aged cheese and chocolate delectable Switzerland is at the top of the list – DeLafée. Because of their sensual chocolate experience the Swiss chocolates are famous around the globe. The DeLafée is a taste buds “orchestra” delivered in the golden wrapper and called “Golden Truffle”. Your cost will be around $500 for one ball of deliciousness. Next comes Knipschildt Chocolatier’s Madeline truffle – Stuffed with a French Perigord truffle and crafted from 71-percent single-bean Ecuadorean dark-chocolate.. wow! The list goes on and on with names such as To’ak, Amedei’s Prendimé, Debauve & Gallais’s Le Livre and more.

As a top Hollywood lawyer in your field you must make tough choices and stick to them for the win, picking your chocolate is no different.

What is your choice today? Tell us below..

 

The Lawyer’s Guide to DATING Without Losing a Case

Many lawyers in Los Angeles are lonely and very single. The fact of having spent most of their waking life digesting law books, has taken a toll on their social life. The goal of having a framed diploma hung on your office wall someday is the dangling carrot for lawyers, doctors, scientists and more.  But what happens during that long period of years where most of day time hours are dedicated to achieving their dream?  Are there enough minutes on their clock to fit in a date or a relationship?

Thanks to advancements in technology we now have dating websites and apps. Not long ago an app named Tinder took the world by storm. This smart phone app, is designed to show users compatible candidates for love based on distance, age and gender. Pictures and short descriptions allow the user to decide with a swipe of their finger, if they “Like” or “Don’t Like” the one showing. 

Now bear in mind that there are millions of singles out there in search for their true love and some, who belong to the temporary club, hence serial daters. Most of these singles are drawn to the popular generic apps and dating websites, which are designed for anyone over the age of 18. As a lawyer, doctor or in any other field, you want someone who you can relate to and better understand. Relating to someone based on culture is one thing but, it’s another when a lawyer wants to have a morning coffee talk with a partner who can speak the lingo. 

Lawyers don’t have to go the distance to find their best possible match, behold the lawyers’ dating websites.

Here are a few examples for lawyers choose from: lawyerflirts .com, lawyerdatingservice .com, lawyersinlove .com and more.

For doctors: marrydoctor .com, singledoctors .com

For scientist: sciconnect .com, datingforscientists .com, dating.newscientist .com/s/

Professionals in general: catch22dating .com, theleague .com, professionalmatch .com/ 

Things are looking bright for those lonely single lawyers after all. These services in most cases are free, with some offering a few extra features for a modest monthly membership fee. 

Are you a single lawyer or other professional who has a story to share? We want to hear about it.

 

The Best Personal Injury Lawyer is a Phone Call Away 855-977-1212

Who Is The Funniest Lawyer? Vote Now

Lawyers play an important role in our society, but they also make us laugh and entertained by playing outrageous characters on the big screen.  

One of the most popular ones from recent years was “Liar Liar” (1997) Fletcher Reede, played by the hilarious Jim Carrey.  Fletcher a Los Angeles Work Injury Lawyers working for a lucrative law firm falls under a spell which his son Max laid on him during the blowing of his birthday candles. This so called wish or spell, prevents his father from telling a lie for one whole day.  The effect of the spell on this best lawyer in the city is life changing and funny as hell. We all know Jim for his talents in making us laugh and in this movie he does just that, along with tons of crazy facial expressions.

Here is a scene taken for the cross examination of his client Samantha Cole:

 

Our second on the list is Mr Vinny Gambini in “My Cousin Vinny” (1992) played by Joe Pesci.  Trapped in a small town for the purpose of saving his cousin from going to jail for a crime he didn’t commit.  This town is in unusual one, it presents our unseasoned lawyer from the big city a series of challenges which are not associated with the case.  Joe Pesci is an amazing actor and he delivers one of his most highly rated comedy roles.  Being such a smart and street savvy young lawyer, contributed to his unusual and not so traditional method of winning a case.

There is a famous line out of that movie which involves the words “the two youths”, here it is:

 

 

We come to the last on our list of choices which is a more recent one and in this case it involves two lawyers share the leading role “Wedding Crashers” (2005). John Beckwith played by Owen Wilson and Jeremy Grey by Vince Vaughn. Both great lawyers by day and expert wedding-crashers by night. Some have strange hobbies and these two nutcases are no different, it turned into a lifestyle because they were driven by the fact that weddings are a great avenue to meet single women. Their abuse comes to a halt as they land on the wedding of a lifetime were they each meet their dream girl and then faced with the twisted reality were they are forced to tell the truth by revealing their true identity. 

Here is the scene at that big wedding were it all started:

 

We have before you the top three choices to pick which is the funnies one of all:

  1. Liar Liar?

  2. My Cousin Vinny?

  3. The Wedding Crashers?

Who is Your Favorite?

 

 

 

 

 

 

The

Best Personal Injury Lawyer

is a

Phone Call Away 855-977-1212