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Tahmazian Law Firm, P.C. Tahmazian Law Firm, P.C.
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glendale personal injury lawyerUsing a rideshare service like Uber or Lyft can be a great way to get around. It is easier and less expensive than a cab and safer than walking alone or driving drunk. However, rideshare drivers can and do cause accidents just like any other driver on the road. Uber and Lyft drivers are not professional drivers and they do not have any additional training or hold any special licenses. It can be particularly frustrating to get hurt in a rideshare accident, as there is nothing you can do to avoid the crash from the back seat. People often use rideshare services for safety reasons and certainly do not expect rideshare drivers to put them in harm’s way by driving carelessly. If you were injured due to your rideshare driver’s carelessness, you may be entitled to compensation. Our law office can help you take the next steps. 

Careless Mistakes That Cause Rideshare Accidents

There are a number of reasons that rideshare drivers may get into accidents. Common mistakes Uber and Lyft drivers may make include: 

  • Navigation errors - Everyone has missed a turn or made a wrong turn at some point. The important thing is how they handle a mistake. Drivers may realize that they are about to miss a turn or an exit and choose to swerve abruptly rather than backtracking. This is a mistake and may lead to them striking another vehicle or losing control of the car. 

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california nursing home neglect lawyerNursing home residents are among the most vulnerable. People who live in nursing homes are typically unable to care for themselves. They may depend on staff for their hygiene, meals, toileting, and all other activities of daily living. Unfortunately, these individuals are often affected by age-related mental incapacity like dementia, which can make it impossible for them to effectively communicate to loved ones that they are being neglected. It is up to the nursing home resident’s visitors to notice the signs of neglect and take action. The harms associated with nursing home neglect can be devastating for already-vulnerable older adults. If you suspect that your loved one is being neglected in their nursing home, it is important to take action right away. Tahmazian Law Firm, P.C. is dedicated to holding negligent nursing homes responsible and to keeping vulnerable seniors safe and protected. 

What Forms of Nursing Home Neglect Are Most Common? How Can I Spot Them?

We place our elderly loved ones in nursing homes because we want them to be well cared for by professionals. Sadly, understaffing and other issues can lead to these vulnerable people not having their basic needs met in a timely manner. Some types of neglect that nursing home residents may face include: 

  • Lack of hygiene - Residents should be regularly bathed, and diapers should be changed promptly. Teeth should be brushed or dentures cleaned. Bedsheets should be changed when soiled or on a regular basis. If your loved one looks or smells as if they have not been bathed recently, or if you always seem to find them wearing a dirty diaper or lying in soiled sheets, it should arouse your suspicions. 

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shutterstock_730538251.jpgWhen you have been injured in a serious car accident, handling the legal side of the aftermath may be the furthest thing from your mind. Especially if your injuries are severe and you must remain in the hospital or stay in a rehabilitation facility for some time, you may not quite feel up to going to court. Paperwork might not seem so important when you are in pain and unsure whether your injuries will fully heal. Ideally, you would have plenty of time to physically and emotionally recover before needing to race down to the courthouse to file a lawsuit. Unfortunately, this is not always the case. California, like every other state, imposes rather strict time limits for filing a lawsuit related to a car accident. These time limits are referred to as “statutes of limitation.” These limits are one of the reasons that it is best to reach out to an attorney as quickly as you are reasonably able to after a crash. 

What is California’s Statute of Limitations After a Car Accident?

Under California state law, you will generally have two years from the date of the accident to file a lawsuit. This may sound like quite a lot of time, but in practice, it really is not. A lot of factors can slow you down after a crash. Anything from drawn-out efforts to negotiate without judicial intervention to difficulty in procuring evidence related to future expenses can delay filing for some. People with brain injuries or PTSD may need significant time to regain their memories of the accident or ability to testify. 

Are There Any Circumstances Where the Statute of Limitations Might be Different?

The statute of limitations can differ depending on the situation. Circumstances that can affect the time limit for filing a lawsuit after a car crash include: 

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Glendale wrongful death lawyerLosing a loved one because someone else was careless about their safety can be a devastating blow to any family. Under California state law, certain surviving family members can file a wrongful death lawsuit and demand compensation for the loss of their loved one. Our state statutes place limits on which relatives have standing to file this type of case. Generally, the purpose of this law is to make sure that the family members who were closest to the decedent will be the ones to receive compensation. While more distant relatives may also have cared deeply for the individual who lost their life, they may not be legally entitled to sue over their death. If one of your immediate family members was killed due to the negligence of another, contacting an attorney is the first step toward recovering damages. 

Which Family Members Can Sue for Wrongful Death?

The goal of allowing wrongful death suits is to ensure that those who were most likely to depend on the decedent in some way - whether financially, emotionally, or otherwise - can be made whole to the extent possible. While there is no doubt that others may have suffered as a result of the needless death, the right to compensation is reserved for the closest relatives. 

In California, only the following immediate relatives can file a wrongful death suit: 

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Los Angeles product liability lawyerIf you are like many adults who take pride in their car, truck, or SUV, you probably make vehicle maintenance a top priority.  Checking the oil and other fluid levels, ensuring that your tires are aired up and the tread is not too worn, and taking your vehicle in for regular tune ups may be a standard part of your routine. However, when defective design or manufacture of an auto part is to blame for a malfunctioning vehicle, there may be nothing the driver could have done to prevent it. If you or a loved one were injured in an accident, and you believe that defective tires were to blame, you may have a valid product liability case.  

History of Faulty Auto Parts

Many people still remember when the Firestone Tire and Rubber Company was forced to conduct one of the largest recalls in U.S. history. Defective tires installed on Ford pickup trucks and SUVs were associated with accidents causing over 800 injuries and 270 deaths. Firestone eventually recalled a staggering 6.5 million tires and the Ford Motor Company recalled and replaced approximately 13 million of the defective tires. Ford faced over $600 million in lawsuits as a result. Unfortunately, tire recalls are not limited to just these companies. Just recently, Alliance Tire Americas issued a tire recall after it was discovered that the tread may separate from the casing during use. Flaws in the design and manufacture of tires can cause the tires to malfunction and put the lives of drivers, passengers, and pedestrians at risk.  

Pursuing Compensation When a Tire Defect Causes You to Be Injured in a Car Crash

Sidewall tire blowouts and other tire malfunctions can cause accidents that lead to traumatic brain injuries, spinal cord injuries, broken bones, internal organ damage, other catastrophic injuries, and death. If you or a loved one were involved in an accident and a defective tire may have been to blame, speak to an attorney experienced in auto defect cases. A product liability claim may allow you to collect compensation for the damages caused by the accident. You could receive compensation for your past and future medical expenses, disability, reduced employability, lost income, pain and suffering, and more.

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Los Angeles personal injury lawyerSerious car accidents are typically associated with high speeds. When cars are driving at normal highway speeds, it is easy to see how crashing could result in serious harm. Of course, everyone who has spent any time in L.A. traffic knows that “normal highway speeds” are about one mile per hour most of the time. However, even in bumper-to-bumper traffic, car accidents can still lead to serious injuries. Injuries in this type of traffic can be dangerous - ambulances cannot always get through as quickly as they could if traffic was less congested. If you were injured in a car accident that occurred in heavy traffic, a lawyer may be able to help you recover compensation. 

What Types of Serious Accidents Occur in Congested Traffic?

Cars do not need to be moving very fast at all to cause serious harm to a person. Common types of dangerous crashes that occur in heavy, slow-moving, traffic include: 

  • Pile-ups - All it takes is for one driver to make a big enough mistake and suddenly, there are eight damaged vehicles and multiple injuries. The people at the back of the pile-up and the people at the front are less likely to sustain major injuries because they generally experience only a single collision - although they are still at risk. People in the center of the pile-up typically experience multiple collisions. When they are struck from behind, or even from the side, they are likely to be pushed into another vehicle. This can effectively crush their car, making them more likely to sustain injuries. 
  • Rear-end collisions - When traffic starts moving after being at a standstill, some drivers will rapidly speed up, assuming that the cars ahead of them are going to continue accelerating. However, more than likely, there will be another slowdown very soon. Drivers who fail to anticipate this may not be able to stop in time to avoid rear-ending someone at a high speed. This can also cause a pile-up. 
  • Secondary injuries - Even if a crash victim makes it out of their vehicle unharmed, there is a substantial risk that they could be struck again while on foot near the crash. Quite a few drivers are lulled into a false sense of security by the slow speed at which they are moving and allow themselves to become distracted. Distracted drivers can easily fail to notice a stranded motorist standing alongside the highway. 

Even slow-moving or stop-and-go traffic can become deadly very quickly when drivers fail to use appropriate care. 

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Glendale dog bite injury lawyers Dog attacks - even a single bite - can cause serious bodily harm. The puncture wounds can easily get infected and send you to the hospital. Tendons, ligaments, nerves, and even bones can be severed or damaged, requiring surgery. It is important to seek urgent medical attention after any dog bite to help mitigate these risks. Of course, medical care and the time you spend seeking it are valuable. A dog’s owner can be held liable for injuries caused by the dog. In California, we have what is called the strict liability rule when it comes to dog and other animal bites. This term is easily misunderstood. In order to recover the compensation you deserve after being attacked or bitten by a dog, you may need to enlist a skilled attorney. 

Does “Strict Liability” Mean the Dog Owner is Liable No Matter What?

Not quite. What “strict liability” actually means is that the dog owner cannot defend themselves by arguing that they had no idea their dog was aggressive and would bite. Even if the dog that bit you had never so much as growled at anyone before, let alone bitten someone in the past, the owner can be held liable to a bite victim. 

Without the strict liability rule, a bite victim would have to prove that the owner knew their dog was dangerous. This would potentially give owners of aggressive dogs a “get out of liability free” card for their dog’s first attack. Not only would that leave innocent bite victims without compensation, it would also increase the risk that the dog could be put into a position where it might attack another victim. 

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Los Angeles product liability lawyerAnyone putting a product on the market has a responsibility to make sure that the product is reasonably safe. Unfortunately, unreasonably dangerous products do still sometimes end up in the hands of consumers. There are a number of reasons this can happen. Sometimes the product is badly designed in the first place. Other times, there was an error in the manufacturing process that rendered the product unsafe. Finally, sometimes it is the lack of instructions or a warning label that makes a product dangerous. 

Whatever may have gone wrong and caused you to get hurt, there are a few steps you can take right away. An attorney may be able to help you recover financial compensation. 

What Should I Do if a Dangerous Product Hurts Me?

If a product you are using seems unreasonably unsafe and you get hurt as a result, you will want to contact a lawyer sooner rather than later. Products liability cases can be quite complicated, with a lot of disputed facts and multiple legal issues. Here are some steps you can take right after the accident: 

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glendale premises liability lawyerFrom high-rise, luxury condos to downtown studios, apartment buildings are supposed to be reasonably safe for their occupants and guests. Unfortunately, not all landlords or property managers make safety a priority. From failing to repair an obvious source of danger, to failing to warn tenants about a hazard, to simply ignoring a housing code violation, negligence by a building manager can put a lot of people at risk for injury. If you were injured due to an unsafe condition in an apartment, you may want to speak to a qualified premises liability attorney to determine whether you could be eligible to receive financial compensation. 

What Common Dangers Can Injure People in Apartment Complexes?

Renters have limited control over the safety of the premises. They are not able or expected to make most repairs, especially in common areas. The landlord or property manager has a much higher degree of responsibility to maintain safe conditions. Look out for:

  • Staircases - Poorly maintained or designed staircases are a common source of serious injuries. Missing or loose handrails, as well as poor lighting or uneven, loose steps, can cause falls. 

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glendale personal injury lawyerRarely is a car accident 100% the fault of one individual. While there are certainly some cases where the blame is clearly only on one driver, it is more common for multiple drivers to have contributed to the accident in some way. Luckily, in California, you may still be able to recover from a car accident even if you are partially responsible. California law is more laid back compared to many other states in this regard. California uses what is known as the pure comparative negligence system, which generally allows people to win compensation proportionate to their share of fault. 

Dividing blame in a car accident can be technically and legally challenging. It is important to consult an attorney before attempting to bring a claim for a motor vehicle accident you may be assigned some level of fault for. 

What Does Pure Comparative Negligence Mean in California?

The pure comparative negligence rule in California means that people who were hurt in an accident can be permitted to recover damages for whatever portion of the accident was not their fault. For example, if you are 50% at fault for your injuries, you can recover 50% of what you would have if the blame had been 100% on the other driver. 

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California car accident lawyerRight after a car crash, it may feel as if there are an overwhelming number of things you need to do. Seeking emergency medical care where needed is always the first priority, but much needs to happen after an accident. You will need to exchange information with the other driver, flag down witnesses, take pictures, and perhaps more importantly, file a police report. Calling the police from the accident scene and having them come take a report builds valuable evidence that can be used to prove your claim later. Your next step would be contacting an attorney. 

Why Should I File a Police Report After a Car Accident?

A police report creates an objective account of the accident from a neutral, third-party viewpoint. This valuable record can later be used as evidence to prove who and what caused the crash. It is critical that you do not skip this step. Reasons to file a police report after a crash include: 

  • Mandatory - If the accident caused injury or death, you are legally required to report it within 24 hours. For crashes that caused property damage over $1,000, you have ten days to report it. It is inadvisable to wait that long, however. If you can, call the police while you are still on the side of the road so they can observe the accident scene close to the time it happened. 

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Causes of Falls in Hospitals

Posted on in Personal Injury

shutterstock_505011655-min.jpgHospitals are supposed to be safe places where people go to get better. Unfortunately, some inpatients wind up in worse shape after they are injured in a fall. People fall in hospitals for a variety of reasons, ranging from medication to physical therapy equipment failure. Many of these falls can be prevented by a careful hospital. Some causes of falls fall under premises liability, but others can amount to medical malpractice if the fall was directly related to the patient’s care. The law there is nuanced, and a lawyer will need to evaluate the facts of your case. Either way, if the hospital’s carelessness caused your fall, you may be entitled to receive compensation. 

What Are Some Common Causes of Preventable Falls in Hospitals?

Sadly, the patients who are most vulnerable and most likely to suffer serious injury from a simple fall tend to be the most likely to fall. Elderly patients are at particularly high risk of being admitted to a hospital and then suffering a major injury, like a broken hip, after falling. Reasons patients may fall include: 

  • Lack of precaution - When patients are at risk of falling due to age, medication, injury, or other medical issues affecting balance and gait, hospitals should use appropriate precautions to prevent that patient from actually falling. Appropriate precautions may include bed alarms, bed rails, not allowing the patient to walk without assistance, or making sure an assistive device like a walker is within reach. Call lights should also be kept within reach, as patients may fall out of bed struggling to reach them. 

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california nursing home abuse lawyerMany Californians trust nursing homes to care for their elderly family members professionally. It is always tragic when a nursing home resident faces any kind of abuse. The dangers of physical abuse or neglect are clear, but verbal abuse is less understood. More elderly persons in nursing homes face verbal abuse than outright physical abuse, and verbal abuse can lead to physical dangers. If you suspect that your loved one is being verbally abused in a nursing home, you should contact an attorney as quickly. An attorney may be able to help you get your loved one to a safer situation and recover financial compensation. 

What Counts as Verbal Abuse of a Nursing Home Resident? 

Verbal abuse coming from a caregiver at a nursing home can be particularly damaging because the caregiver is in a position of authority, and the resident is in a position of reliance. What counts as verbal abuse includes: 

  • Yelling or shouting - Staff should not raise their voices at elderly residents. 

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glendale injury lawyerNursing homes and other long-term care facilities have a monumental responsibility: They keep our parents, grandparents, aunts, uncles, and other loved ones safe. Unfortunately, some nursing homes do not meet the high expectations required of them. One way that nursing homes fall short is not properly supervising residents. Nursing home residents, especially those with cognitive decline, can be severely or fatally injured when they wander into unsafe areas or elope from the property.  Nursing home residents and their loved ones may be able to hold a negligent nursing home responsible through a nursing home lawsuit.

Nursing Home Neglect Can Be Fatal

Nursing home abuse, including physical violence against a resident, often receives the lion’s share of news coverage and attention. However, nursing home neglect is often just as harmful as abuse. In many cases, nursing home neglect is fatal. Nursing home staff have a duty to supervise residents and keep track of their whereabouts. When nursing home residents are not properly supervised, they can wander into dangerous areas or become lost. Wandering and elopement can lead to terrible injuries and fatalities.

Residents With Dementia Are at High Risk

Alzheimer’s disease and other forms of dementia are common in nursing homes. Residents suffering from dementia may not recognize that they are in danger until it is too late. They may wander into the kitchen area and burn themselves or accidentally become trapped in a supply closet full of cleaners and other toxic chemicals. The resident may be left suffering in pain for hours before staff finds them.

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glendale injury lawyerThe Takata airbag issue has been going on for more than a decade. At issue are the airbag inflators that contain ammonium nitrate propellant. Although evidence has shown that the company knew of the dangerous issues associated with their airbags as early as 2000, the first recall did not occur until November 2008, when Honda recalled 4,000 vehicles because of reports they received of airbags erupting. In May 2009, a Honda driver was killed when his airbag erupted, prompting the automaker to recall more than half a million vehicles just days later.

Since then, 67 million airbags from more than 42 million vehicles have been recalled because of defective Takata airbags. Since that first recall, more than 25 victims have been killed and more than 400 injured because of exploding airbags. The recalls have been done in waves - every couple of years, more vehicles are recalled.

Earlier this month, the National Highway Traffic Safety Administration (NHTSA) announced they are opening an investigation into an additional 30 million vehicles manufactured by almost two dozen automakers that potentially have defective Takata airbag inflators.

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shutterstock_561396721-min.jpgA little less than half of California residents rent their homes or apartments. Although many people choose to rent due to the costs of owning a home, renting can also be expensive. In fact, California has some of the highest rents in the country, responsible for seven out of the top ten expensive cities to rent in the United States. Many residents are considered rent-burdened, with 30 percent or more of their monthly income going to pay their rent. California does have a rent control law that some renters are fortunate enough to benefit from, but as a recent lawsuit shows, the law can frustrate landlords required to obey the law, and this can cause a great many landlord/tenant disputes.

San Francisco Lawsuit

The lawsuit involved a couple renting an apartment in San Francisco. The city has some of the highest rents in the state, with the rent for a two-bedroom apartment averaging $3,500. The couple filed the lawsuit in May 2015, accusing their landlord of subjecting them to months of harassment and erratic behavior. The landlord had purchased the property about a year before the lawsuit was filed.

According to the details of the lawsuit, the husband originally moved into the building in 1994. The two-bedroom apartment was under rent control, so this meant the rent could only be raised 1.5 percent each year. While the husband’s rent had only increased about 30 percent over the past 25 years, San Francisco’s rental average for a two-bedroom has increased more than 250 percent.

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glendale car crash lawyerUnder California law, when a person is injured in a car accident caused by a drunk driver, that driver is legally liable for any losses the victim suffers because of those injuries. These losses can include medical expenses, lost wages if the victim was unable to work while they recovered, pain and suffering, emotional anguish, and more. Tennessee’s “dram shop” law also provides another avenue of financial justice for victims of drunk driving accidents: the right to sue the source of where the drunk driver obtained the alcohol that caused their intoxication.

California’s Dram Shop Law

The majority of states in the U.S. have passed some form of dram shop law. The word “dram” originated in the 18th century by the British and referred to a measurement of a three-quarter teaspoon of alcohol.

Under most dram shop laws, any vendor that sells alcohol falls under the dram shop law. This includes restaurants and bars, but can also include liquor stores, grocery stores, convenience stores, and gas stations. A drunk driving accident victim can bring a dram shop claim against a vendor if they can show that the vendor sold alcohol to a person who was “visibly intoxicated,” and the driver’s alcohol consumption was a direct cause of the accident that caused the injury.

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CA accident lawyerThe trucking industry has faced driver shortages for years, but recently, this demand has become an even more pressing matter. The COVID-19 pandemic and the surge in demand for delivery have left many trucking companies scrambling to meet consumer demands. When truck drivers are under pressure to deliver goods faster, they can sometimes make mistakes behind the wheel that lead to truck collisions. Whether due to unsecured truck cargo, speeding, fatigued driving, or other reasons, truck crashes often have devastating consequences. If you or a loved one were injured in a truck crash, a truck accident lawyer can help you determine who may be liable for your medical bills and other damages.

Determining Legal Responsibility for a Truck Accident

Identifying who is at fault in a truck accident can be complex. In many truck crashes, multiple factors contribute to the collision. The actions of the truck driver and the other drivers on the road, the weather road conditions, issues with the truck itself, and many other factors can all result in a serious truck accident. Understanding how and why a truck crash occurred is the first step in determining liability.

The party who is legally responsible for damages caused in a truck crash may be the:

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California personal injury attorneysThere are many forms of negligence by drivers that can cause car accidents. Among these, distracted driving is one of the most common. Even though there are laws prohibiting drivers from using electronic devices or engaging in other activities that distract them from the act of driving, many people disregard these laws out of the belief that they can drive safely while multitasking. Drivers in California will want to understand the specific laws that address distracted driving. Those who have been injured in a motor vehicle collision will need to work with an attorney to determine how they can hold a negligent driver responsible for their damages.

California Laws Regarding Electronic Devices

Drivers in California are prohibited from using handheld cell phones or other electronic devices while they are in control of a vehicle. However, drivers are allowed to use a device in hands-free mode, including having phone conversations through their car’s speakers or Bluetooth devices or using voice-activated commands. Drivers who are under the age of 18 are prohibited from using electronic devices in any way while behind the wheel.

Typically, drivers who violate the law by making calls while holding a cell phone, texting while driving, manually dialing a phone, looking up information, browsing the internet, or otherwise operating an electronic device may be charged with traffic violations, which will usually result in a fine. However, as of July 1, 2021, violations involving electronic devices will also add points to a driver’s record, and multiple traffic violations could lead to the suspension of a driver’s license.

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