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Personal Injury Litigation

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Personal Injury Litigation

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If you have been involved in an accident, call The Law Office of David M. Daftary for a free 30 minute confidential consultation to learn more about your options.

Car Accident

If you are the victim or have been involved in a car accident, contact the Law Office of David M. Daftary to discuss your legal options.  You may be entitled to economic damages, general damages and/or punitive damages.

Car accidents happen every day for a variety of reasons.  We deal with accidents that are caused by distracted drivers, driving under the influence, inexperienced drivers and defective highway designs to name a few.

The Law Office of David M. Daftary can also help with cases that involve the following:

Property Damage/Personal Injuries Caused by Car Accidents

Car accidents do not have to affect only motorists and passengers.  Property owners including homeowners and business owners can suffer serious injury and/or property damage if a vehicle veers off the road and crashes or a motorist accidentally steps on the gas instead of the brake.  You may be entitled to compensation for your injuries and property loss.  It is better if you speak to an attorney before you discuss the accident with the other party’s insurance company.  They may not have your best interests in mind because they want to settle the case quickly and for as little money as possible.  You may be entitled to much more compensation than the insurance company is offering.  For that reason, we encourage you to contact the Law Office of David M. Daftary as soon as you can after the accident.

Hit and Run Accidents

Hit and run accidents, whether they involve the elderly, young adults or children, can be especially emotional.  It is unlawful anywhere in the state of California to leave the scene of an accident.  Drivers still flee the scene leaving the injured victim without aid in many cases.  The Law Office of David M. Daftary is here to help with the emotionally charged issues.

Road Rage

Road rage is on the rise.  It is especially dangerous because it can lead to an intentional crash involving serious bodily injury.  If you have been injured by an aggressive or angry driver, we encourage you to call the Law Office of David M. Daftary to seek the compensation that may be due to you. 

Catastrophic Injury

A catastrophic injury is one that leaves your life altered or changed permanently.  The Law Office of David M. Daftary helps clients to obtain the compensation they need to recover from these types of injuries including:

  • Amputation
  • Back injuries
  • Blindness or loss of hearing
  • Paraplegic or quadriplegic
  • Serious injury due to exposure to toxic materials
  • Severe burns and disfiguration
  • Spinal cord injuries
  • Traumatic brain injuries

The resulting costs of hospitalization, rehabilitation, and long-term care for these types of injuries can be extremely high. Insurance companies want to avoid paying the full compensation to victims because of the high cost. It is imperative to have a lawyer who is experienced, dedicated and who will give your case the individualized attention it needs. The quality of your life in the future depends on an efficient attorney who will ensure that your needs are addressed by the negligent party.

Call the Law Office of David M. Daftary today to speak to a skilled attorney who will pursue justice for you and your family. We understand and will work hard to obtain the fair financial resources needed to address your medical, financial and physical needs so you can rebuild your life.

Motorcycle Accident

Motorcyclists should always wear protective helmets and follow safe riding practices.  It is the duty of all motorists to look out for motorcycles.  When a motorcycle accident does happen, it almost always results in an injury.

The Insurance Information Institute released the following statistics about motorcycle accidents:

  • In 2015, 4,976 people died in motorcycle crashes, up 8.3 percent from 4,594 in 2014,

according to a National Highway Traffic Safety Administration (NHTSA) report.

  • In 2015, 88,000 motorcyclists were injured, down 4.3 percent from 92,000 in 2014.
  • In 2014, motorcyclists were 27 times more likely than passenger car occupants to die in a

crash per vehicle mile traveled, and almost five times more likely to be injured.

The majority of motorcycle accidents result in a reduction in the quality of life.

With these statistics, it is imperative that motorcycle accident victims contact a personal injury attorney to get the level of compensation they deserve.  The Law Office of David M. Daftary can help you to win the economic, general or punitive damages to which you are entitled.

Pedestrian Accident

Contact the Law Office of David M. Daftary today. Seeking help from an experienced, excellent attorney can result in the right compensation for emotional and physical injuries suffered during a pedestrian accident.

Some Statistics

The following represents pedestrian accident statistics for the United States according to the National Highway Traffic Association and the Insurance Institute for Highway Safety:

  • Pedestrian fatalities account for 11 percent of motor vehicle fatalities.
  • Pedestrians comprise the second largest category of motor vehicle accident deaths following occupant deaths.
  • On average, a pedestrian is injured in a traffic accident every 8 minutes.
  • On average, a pedestrian is killed in a traffic accident every 111 minutes.

According to the San Diego Union-Tribune (September 2016):

  • The three-year period between 2013 and 2015, when 66 pedestrians lost their lives, was the deadliest [in San Diego] since 2001.
  • Nationally, San Diego’s pedestrian fatality rate was tied for 10th place with Los Angeles, among large cities, according to a 2014 report by the National Complete Streets Coalition.
  • . . . . San Diego and Los Angeles had a rate of 1.79 pedestrian deaths per 100,000 population, compared to 2.97 in Tampa, Fla., on the high end and 0.72 in Minneapolis, on the low end.

Drivers often fail in their responsibilities towards pedestrians.  They may fail to yield, drive too fast in school lanes, be impaired while driving or become distracted and harm pedestrians as a result.  Especially vulnerable are school age children and the elderly.

Call the Law Office of David M. Daftary for legal representation to help with recovering the costs associated with hospitalization, multiple surgeries, rehabilitation and numerous doctor’s visits.  Your future quality of life or that of your loved one depends on it.

Product Liability

If  you have been hurt by a faulty product or have been affected by a product recall, contact the Law Office of David M. Daftary today for a free 30-minute confidential consultation about your case.

We hear about products being recalled every day, and the news is full of stories about products that have proven defects.  Sometimes, however, there is no warning or recall, and it takes forensic experts along with an attorney who specializes in this area to prove that a product is not safe.

There are three categories of liability in product defect claims:

• Manufacturing Defects
A defectively manufactured product is flawed because of some error in making it.  A manufacturing defect exists if the product “departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.”

• Design Defects
The product is inherently dangerous due to its design.  Defective design claims are not the result of the manufacturing process, but rather involve the premise that an entire line of products is inherently defective even though the product may have been perfectly made according to the manufacturer’s specifications.

• Failure to provide adequate warnings or instructions
This category involves failure to provide adequate warnings or instructions about the product’s use.  These types of defects usually involve a product that is dangerous in some way that is not obvious.

The Law Office of David Daftary can help maximize your personal injury claim whether it is from manufacturing or design defects or from failure to provide adequate warnings.  Contact us today to take advantage of a free evaluation of your case.

Slip and Fall/Premise Liability

Private and public property owners, including retail establishments and restaurants, have a responsibility to take measures to ensure the public’s safety on their premises.  Sometimes these measures fail or are ignored.  The most common incidents covered by slip-and-fall or premise liability have to do with slippery floors, broken or poorly maintained outdoor areas causing dangerous conditions, swimming pool safety, poor security that results in a crime, faulty fixtures and explosions to name a few.

If you feel you have suffered injuries due to negligence by a property owner, contact The Law Office of David M. Daftary as soon as possible.   It is important to document the incident as much as you can.  Obtain the names and contact information of any witnesses.  Take photos, if you can.  Often, whatever caused the fall or accident will be cleaned up immediately afterward.  Getting information immediately after the incident improves your chances of a financial settlement.

Slip and fall or premise liability cases can be complex.  Hiring an experienced and reputable attorney to assist in determining first, if you have a case, and secondly, to fight for your rights to adequate compensation, will help you rebuild your life.  The Law Office of David M. Daftary will advise you honestly about your case.  We work hard to make sure our clients are justly compensated for their physical, emotional, and economic injuries.

Truck Accident

Trucking accidents involve commercial vehicles including tractor trailer trucks, 18 wheelers and semi-tractor trailers.  Truck drivers are required to abide by a set of Federal regulations that govern their driving.

Truck accidents have a number of different causes.  Driver negligence to meet Federal regulations, the number of hours the driver has been awake and driving; the weight to balance of the load and the maintenance of the truck can all be factors that contribute to the accident.

The Law Office of David M. Daftary can help to navigate the various issues that can contribute to liability.  Many times there are a number of persons and companies involved in these types of accidents including the company that contracted the load, the company that owns the truck, the insurance company and other entities that might have some liability.  It takes careful investigation and understanding to determine who is responsible for the conditions leading up to the crash.  We help to sort out the issues, and successfully gain the level of compensation you deserve.

Wrongful Death

The definition of wrongful death is when an individual loses his or her life before their time due to the negligent or intentional acts of another person or entity.  The wrongful death can be caused by a traffic accident, a plane crash, a boating accident, product defects, work related injuries, nursing home or elder care abuse, drowning and other various types of accidents or incidents.

Losing a loved one is always devastating especially if there are young children involved.  The California Code of Civil Procedure states that only certain people can file a wrongful death lawsuit for their family member or loved one including:

  • A surviving spouse or domestic partner
  • The decedent’s children

If the decedent has no surviving spouse, domestic partner or children, other relatives may file a claim including:

  • Other dependents
  • Putative spouse
  • Children of the putative spouse
  • Stepchildren
  • Parents

Although there may be multiple parties who were affected by the wrongful death of the loved one, only one lawsuit per wrongful death is permissible.  In cases where there is more than one beneficiary, damages are distributed among those beneficiaries.

The types of damages that may be recovered in a wrongful death lawsuit may vary greatly.  Monetary damages may include final medical bills for the decedent, funeral and burial expenses, loss of wages, loss of benefits, loss of companionship and punitive damages.

In California, there is a two-year time limit (statute of limitation) as to when to file a lawsuit in cases of death from battery, assault, injury or a death that results from the negligence or wrongful act of another person.  Delaying legal action can be a costly mistake.  In the case of a government entity (city, county, state or federal), there are certain requirements for prior notice before filing the lawsuit.  This notice can delay the filing of the lawsuit even further.

If you live in San Diego, Orange or Riverside Counties, contact The Law Office of David M. Daftary to talk to an attorney who understands what you are going through.  We help guide you through the complexities of a wrongful death case with compassion and fairness.

Contact us at 760.579.7610 for a free 30-minute confidential consultation.
Practice Areas: Construction Litigation • Personal Injury • Professional Negligence • Public Entity and Real Property Law