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David E. Danda, PC

   

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Scales PERSONAL INJURY: A Personal Injury (PI) is any physical or mental injury to a person as a result of another person's negligence or harmful act. Many insurance companies refer to Personal Injury as Bodily Injury (BI). The goal of a Personal Injury claim is to put the Victim back in the position he or she was in before the injury by way of a cash payment.

WRONGFUL DEATH: A Wrongful Death is a premature death caused by the act or failure to act of another person. The "Estate" of the deceased and the Family of the deceased have a claim against the "at-fault" person for pain and suffering, loss of income, loss of support, loss of love and companionship (known as loss of consortium), and other damages. Generally, a Wrongful Death claim exists in addition to the Personal Injury claim arising out of the action that caused the harm. (For example, prescribing the wrong medicine is Medical Malpractice whether or not a Wrongful Death occurs.)

CIVIL LITIGATION: Litigation is a process that uses the Judicial System to resolve disputes between parties - a Trial. In Criminal Litigation the Federal or State government prosecutes someone charged with a crime by asking the court to determine his or her guilt. Civil Litigation is a court proceeding that resolves private controversies and determines responsibility (fault, not guilt) for private actions between private parties.

INSURANCE LAW: When you have a claim against your own insurance company, it has a duty to protect your interest. Insurance companies spend a lot of money on friendly advertising asking you to think of them as a neighbor you can rely on to lend you a helping hand. However, sometimes the insurance company's desire to earn a profit conflicts with your rights under your policy. At those times, the insurance company may deny coverage or limit benefits. Generally, state insurance law allows you to sue your insurance company for breaching its "duty of good faith and fair dealing" to you by putting its interest ahead of your interest. This is known as a "bad faith" lawsuit.

ESTATE PLANNING: Drafting essential Estate Planning documents:
  • Simple Wills
  • Wills with Trust Provisions
  • Living Wills
  • Durable Power of Attorneys for Healthcare
  • General Power of Attorneys
PROBATE: Drafting the Petition to administer the estate of the deceased and other general administrative functions of Probate.


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