Archive for September, 2009

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The Elements of Damages in Lawsuits

Tuesday, September 29th, 2009

When damages are awarded in a lawsuit, the purpose is to restore the plaintiff to the state that he or she was in prior to the defendant’s negligent acts.  California accident  attorneys like Samer Habbas are very familiar with the elements of damages in lawsuits. There is a variety of different elements to consider, such as:

  • Property damage
    If the plaintiff sustained any damage to property resulting from the defendant’s negligence, a court or jury may award a monetary sum to the plaintiff to cover that loss.
  • Physical injuries
    Damages for physical injuries is one of the more common and obvious reasons that a court or jury would award damages in a lawsuit.
  • Pain and suffering
    The pain and suffering caused by the negative actions of someone or something is also one of the more basic elements of damages in a lawsuit.
  • Loss of consortium
    Most people assume that loss of consortium applies to only to the marital relationship between husbands and wives. However, loss of consortium can also apply to other members of a family affected by the defendant’s negligent acts.
  • Loss of function
    If the negligent actions of an individual or entity result in the plaintiff losing the function of sight, smell, hearing, physical ability or some other function, this element can be one of the larger portions of damages.
  • Residual or permanent damages
    If a plaintiff can prove that the negative actions caused residual or permanent injury, the amount of damages awarded can increase significantly.

If you or someone you care for has been harmed by the negligent acts of another or if you have questions about the elements of damages in a lawsuit, contact Irvine personal injury attorney Samer Habbas today to schedule a free consultation.

How to Succeed in a Discrimination Lawsuit

Thursday, September 24th, 2009

The purpose of a discrimination case is to recover damages sustained by a victim of discrimination and to discourage the defendant person or organization from discriminating against others in the future. However, pursuing a discrimination lawsuit is not an easy task. Like all personal injury lawsuits, it is upon the plaintiff, or lawyer filing the lawsuit on behalf of the plaintiff, to carry the burden of proof. This means that there must be enough evidence to convince the court or jury that the discrimination was deliberate and that it negatively affected the plaintiff’s life or livelihood or the lives and livelihoods of a group of people. Here are some tips on how to succeed in a discrimination lawsuit:

  • Have a consultation with a lawyer who has a great deal of experience litigating discrimination cases to determine if you have valid grounds to file a lawsuit.
  • Keep detailed and accurate records of the times, dates and people who were involved with discriminatory behavior and back it up with documents connected with the incidents, if possible.
  • If the complaint is employment-based, address the discrimination with your boss or the Human Resources Department of the company and explain why you feel that you or someone else has been a victim of deliberate discrimination.
  • If your efforts to address the discrimination result in retaliatory action of any kind, try to record or otherwise document these incidents in detail.
  • With the assistance of an experienced discrimination attorney, file a discrimination lawsuit and support your case with compelling evidence that illustrates how, when and where the discrimination occurred.
  • When gathering evidence for a discrimination lawsuit, be prepared for robust opposition to your assertions.

If you have questions about a potential discrimination lawsuit, call the Law Offices of Samer Habbas for answers.  Get a free consultation from our Los Angeles Personal Injury Attorneys.

How to Pursue a Lawsuit against a Labor Union

Tuesday, September 22nd, 2009

Labor unions are supposed to look out for the best interests of their members. They negotiate contracts, ensure that their members work in safe working conditions, lobby employers for more benefits and other ostensibly noble tasks. However, like any other organization of people, labor unions occasionally violate their contracts with workers and betray the workers they are supposed to be representing in good faith. Under these circumstances, it may be necessary for a group of people or individual union members to sue their union. If you or fellow union members believe that your union has acted inappropriately in some way and betrayed your trust, here is how to pursue a lawsuit against a labor union.

  1. Hire an experienced lawyer with many years of experience practicing labor law. Discuss the matter with them to see if the grounds for a lawsuit exist. You may also contact a local law school as they sometimes allow students to assist people with questions about the law.
  2. Read California’s Rules of Civil Procedure along with any local rules that may apply if you are unable or not inclined to speak with a lawyer or law student. You can find this information online or in your local courthouse.
  3. Once you or your lawyer has prepared your complaint in accordance with legal procedure, file it with the court and bring your checkbook to pay the filing fee.
  4. The Rules of Civil Procedure will outline how to serve the complaint against the union.
  5. Through your lawyer or by yourself, prosecute your claim against the union or the court may dismiss it.

Filing a lawsuit can be a complicated procedure and your case will be dismissed if legal protocols are not observed. If you feel that you have grounds for a lawsuit against your union, the California negligence attorneys at the Law Office of Samer Habbas can help.  Contact us for a free consultation.

California Statute of Limitations Defined

Thursday, September 17th, 2009

Nearly everyone has heard the legal term “statute of limitations,” but not many people outside the legal industry fully understand what it means. The Irvine California personal injury attorney Samer Habbas makes client education a priority. To that end, here is a brief definition of California’s statutes of limitations.

Statutes of limitations exist in both the criminal and civil justice system in the U.S. For our purpose today, we will address the statute of limitations in civil proceedings. A “statute” is a law enacted by the legislature that puts a time limit on how long you have to pursue a legal remedy for wrongful conduct after the alleged conduct took place. After the statutory period for wrongful conduct has expired, the person injured by the conduct no longer has the right to file a lawsuit unless a legal exception applies to their particular situation.

People outside the legal professions are inclined to think that the statute of limitations is one concept applied to many different civil actions. However, there are many different statutes of limitations and exceptions, such as the statutes of limitations for the civil actions listed here:

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The Dos and Don’ts of an Auto Accident Claim

Tuesday, September 15th, 2009


A Los Angeles Times article about an auto accident that injured six people clearly indicates how one car accident can negatively affect many lives. In the days following a car accident, insurance companies may try to persuade accident victims to sign documents that they do not fully understand, documents that protect the insurance company and its insured from any future liability. Signing documents a few days after an auto accident is risky for victims, as some injuries do not become apparent until weeks or months after the accident. Since medical treatment for injuries can be quite expensive, following are some tips for auto accident claims:

  • Do maintain a record of all expenses, including lost wages, resulting from your injuries.
  • Do keep all invoices and receipts from out-of-pocket expenses relative to the car accident. If you don’t have a copy of your expenses, you may not be reimbursed.
  • Do not sign any documents until your California auto accident attorney reviews them.
  • Do follow your doctor’s orders for medication, follow-up treatment, rest and any other recommendations. Many people discontinue treatment early and suffer complications.
  • Do contact an experienced California car accident lawyer and have he or she review your claim. They may discover insurance coverage to help pay for medical expenses that you did not know about. Choose an attorney with the resources and experience to take a case to trial if necessary.

These are just a few of the dos and don’ts related to your auto accident insurance claim. To learn more about the claims process, contact the experienced California auto accident attorneys at the Law Offices of Samer Habbas. Attorney Habbas and his professional staff will guide you through the claims process to ensure that you receive the compensation you deserve.

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