Dale Gribow Attorney at Law
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Palm Desert DUI Law Blog

You need immediate legal help if you’re involved in a domestic violence situation

Domestic violence by any standard is an ugly part of society.  Many times, it goes unchecked for months and years at a time.  And unfortunately, sometimes those situations end tragically.

When people think of domestic violence, they think it only involves physical abuse between two family members, most times a husband and a wife.  But domestic violence can be defined more broadly than that.  All that is required is for there to be a victim; victims can be children, parents, siblings or an elderly relative.  And it is not limited to just physical abuse.  Domestic violence can include intimidation, threats, stalking, kidnapping, harassment or anything else that inflicts some sort of physical or emotional damage onto a family member.

Domestic violence often escalates over time as well. That’s why, at the first sign of abuse, it’s important to get law enforcement help and legal help.  In Palm Springs, an experienced domestic violence lawyer can help you put into place several legal devices that can protect you and maybe even save your life.

An attorney can help make clear-headed decisions based on facts, removing the emotional component that can cloud judgment and thinking about what is best for a particular situation.

One of the ways this can happen is by helping victims file an emergency protective order or a restraining order that can immediately keep a spouse or another family member from approaching the victim.  Doing so can result in an arrest.

An attorney can also help in the filing of custody or spousal support order to make sure family members such as children are protected as well, in addition to being financially taken care of.

No matter what the situation is, the most important thing to do is to take steps to de-escalate a situation using a variety of legal means to ensure everyone’s safety immediately and going forward.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.

For motorcycle riders, the love of the open road comes with increased risks

The love of the open road and the feeling of freedom that comes from riding a motorcycle have always been an allure for riders of all ages.  But with that sense of freedom, there are increased dangers to riding with minimal protection.  In fact, studies have shown that motorcycle riders are over thirty times more likely to die in an accident than people driving or riding in a car.

Despite enhanced safety measures in California, including laws that require all riders and their passengers to wear approved helmets, due to heavy volumes of traffic, motorcycle accidents are still a common occurrence in Palm Springs and throughout the state.

While motorcycle accidents can share many of the same characteristics as car accidents, there are also some major differences as to how motorcycle accidents and riders are treated.

Just as it is with a car accident, the job of an experienced motorcycle accident attorney will be to prove that the accident was committed due to the negligent actions of the other party.  What is different is that because it is recognized that motorcycles provide much less protection than cars, courts often times will take into account the added risk of riding a motorcycle, holding car drivers more accountable for not being extra vigilant.  The courts also understand that motorcycle riders have taken extra safety courses and always ride under a flag of caution due to their added vulnerability.

All of these standards tend to place burdens more directly on the shoulders of car drivers who are involved in accidents with motorcycle riders.

Armed with these facts, an attorney representing a motorcycle rider can have the upper hand in court proceedings and when attempting to negotiate a settlement for medical bills, pain and suffering and related costs associated with an accident.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.

The benefits of having a good business lawyer

As a business person, you’re confronted with dozens of decisions every day.  Some are relatively minor, but others can have a big and long lasting impact on your business.  Even if you’re in a small, family owned business, you need to be paying attention to those decisions with the utmost care to ensure your business remains healthy and vital for years to come.

No matter if you’re a small Palm Springs business, or a big company with millions of dollars in sales, chances are you have an accountant to help you with bookkeeping, a banker to help with cash flow and expansion plans, and several others specialists to assist you in your daily operations.

But one of the key individuals you should not overlook is having an outstanding and experienced business lawyer as part of your team as well.  Business attorneys can serve in a wide variety of functions from the first days of a start-up to advising owners who have been in business for many years.

A business lawyer will easily prove their worth with routine legal issues, but when a stronger legal stance is required, lawyers add value far beyond their hourly billing rate.  Their expertise is especially timely when dealing with matters such as lawsuits, financial disputes, licensing issues, employee relations, intellectual property issues, environmental concerns, property and zoning legalities, and more.

Because a business owner is emotionally attached to their business, and they need to be to succeed, a seasoned and well-rounded attorney can be counted on to do their job without the emotional component, ensuring that decisions based on facts will steer the business in the right direction.

Because lawyers handle many different types of situations, that impartiality is also important in helping an owner make decisions that may extend well beyond legal issues as well.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.

What Palm Springs residents need to know about estate planning

With the help of an experienced estate planning lawyer, people of all ages and levels of wealth should have an estate plan in place.  Here are some things you should know about estate planning to help guide your efforts.

  • Whether you realize it or not, you already have an estate. It is comprised of everything that you own, including your home, car, valuables, personal possessions, and monetary assets.  If you don’t manage these assets, then when you pass away or become incapacitated, the state of California will decide how to distribute your assets for you, which may or may not be in accordance with your wishes.
  • An estate plan gives your heirs the best possible way to pay the least amount of taxes, legal fees and other costs, allowing them to retain as much of the estate as possible.
  • A will is an important part of an estate plan, but it is only one small part of the estate planning process. Having only a will means there would still be a lengthy and unpredictable probate process.
  • Estate plans can be valuable to you and your heirs even before you pass away. They contain an effective set of directions that can be carried out if you also become disabled or incapacitated.
  • The best estate planning tool a person can use is a revocable living trust. It will help family members avoid probate and will eliminate interference by the court system into your personal affairs.  It is relatively easy to change and is valid no matter what state you ultimately live in.
  • Trusts can clearly define who and how you want your assets to be disbursed. This can prevent spouses, creditors and others from tapping into your estate.  You can also set up directives that delay the disbursement of assets until beneficiaries reach the age you want them to inherit the assets of your estate.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.

Why it’s important to retain a real estate lawyer

There are two things that are common to the vast majority of real estate transactions.

First, for most people, this represents the single largest transaction they will make in their lives.  Second, unless they or a close relative are in the real estate business, chances are they will not be familiar with all of the paperwork that is involved in a real estate transaction.

While the vast majority of real estate transactions in Palm Springs go through the process smoothly, they all have the potential to hit snags that can cause delays or result in one of the parties suffering significant financial damages.  Bringing an experienced real estate lawyer on board at the outset of any real estate transaction can be an important insurance policy for protecting the well-being of parties involved in the deal.

While there is value in an attorney reviewing the paperwork common to all real estate transactions, their value will be even more apparent when a deal becomes complicated or threatens to go sideways.

For example, many real estate deals that are misrepresented, often times result in litigation.  Whether the misrepresentation is innocent, negligent or fraudulent, when details that can have a big impact on the value of the property are not disclosed, damages can and will result in many cases.

Some examples where this may exist can include structural deficiencies, the presence of asbestos, lead paint or groundwater contamination.

In other instances, when certain parties are discriminated against, fair housing legal options may be the best course of action to resolve cases where a particular class of people has been discriminated against due to their age, ethnicity, religion or other characteristics.

Although there will be fees involved when retaining an attorney, they are aform of insurance that guarantees that a major transaction in concluded properly.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.


What to look for before you hire a personal injury lawyer

Although there are many excellent lawyers in the Palm Springs area, unless you pick one that’s right for your kind of legal issue, you could wind up spending thousands of dollars and not get the legal defense you’re looking for.

Some of the more common types of cases that lawyers handle are those involving personal injury claims.  Just like with other types of legal issues, there are several things you should look for before you hire a personal injury lawyer to represent you.

Experience.  While their enthusiasm may be admirable, your issue is too important to trust to a lawyer who has just passed the State Bar exam.  You’ll want someone who has several years of experience, and who has the special training beyond what they learned in law school.  For example, some lawyers choose to focus on medical malpractice as a specialty of personal injury law; while others may focus on auto accidents or premises liability.

Relevancy. Even with personal injury experience on their side, you’ll want to know if an attorney you’re considering has dealt with a case specifically like yours.  If your personal injury case is the result of a slip and fall, then you’ll want to find a lawyer who has experience handling slip and fall cases in the past.  Attorneys with this kind of specialized knowledge tend to receive greater settlements for their clients than those without relevant experience.

Success rate.  It’s not only a matter of winning the case that determines a successrate, it’s also the dollar amount of the settlement that they were able to achieve.  You want to find an attorney who can get you the maximum compensation for your circumstances, instead of an attorney who is all too happy to settle at the first chance they get.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.

Identifying defendants in a truck accident case

Truck accident cases in Palm Springs share many of the same characteristics as car accidents in that the basis for collecting a judgment rests on the concept of proving negligence.

Simply put, proving negligence means proving that the truck driver and his company owed the plaintiff (and everyone else on the road) the duty to execute a reasonable amount of care to keep others from getting injured.  Once proven, which in most cases is a given, it must be proven that the defendant failed to exercise that standard of reasonable care.  And finally, it must be proven that not executing that standard was the direct cause of the injuries and damages suffered by the plaintiff.

However, because a fully loaded truck can weigh upwards of 80,000 pounds versus a car that typically will weigh about 3,000 pounds, there are notable differences in the types of accidents, injuries and deaths that occur when a big rig is involved.  For legal purposes, and this will vary from case to case, a truck accident lawyer should focus on who all the potential defendants are.

On the surface, this sounds relatively easy.  Of course, the driver must be a defendant, but there are many other possibilities as well.  In many cases, liability can also rest with the driver’s employer, whether that is a trucking company, any kind of commercial business, or in any situation where trucks are used to conduct business.  In those cases, insurance companies representing those interests may be on the hook for compensating you as well.  It is important to show that the company exercised some form of control over the driver instead of a truck driver being declared as an independent contractor.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.

The benefits of hiring a car accident lawyer

In Palm Springs, if you’re injured in a car accident, it can be an emotionally charged event that can create chaos in your world.  You will be dealing with several things that will be uncomfortable and intimidating as you move through the process.  And that’s exactly why you need to hire a personal injury attorney to help you with your claim and all that comes with it.

An experienced attorney can assist you in many ways.  Although it’s a bit obvious, the first benefit you’ll enjoy is the peace of mind that an attorney will bring to you by virtue of their knowledge of the law.  They will know what statutes to apply, what questions to ask, what legal actions to take and what the best course of action will be based on a vast wealth of acquired knowledge and experience.

That experience will also extend to working with and negotiating with insurance companies and with lawyers on the opposing side.  An attorney will understand what it takes to reach a fair and equitable settlement for your injuries because they will know what it takes based on many other similar cases.

Also, just by having an attorney present, an insurance company is less likely to try and take advantage of you or put you in an unfavorable position that could cost you a large sum of money you might otherwise be entitled to.

In those instances, where you can’t reach a settlement with an insurance company, an attorney will have the tools and the resources necessary to not only bring a case to trial, but to you give a fighting chance at winning your court case.  Their experience will benefit you in getting the full amount you’re entitled to for medical expenses and pain and suffering.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.


Proving negligence is the key to winning a wrongful death case

When a person dies tragically and unexpectedly, the shock and sorrow of that death can overwhelm a family.  Aside from the emotional toll, a family can also be left in a precarious situation financially and legally as well.  Fortunately, many of these concerns can be resolved through compensation from a wrongful death lawsuit.

There is a universal burden of proof that exists for all cases involving wrongful deaths, not only in Palm Springs but throughout the United States.  That burden of proof centers around the concept of proving that negligence was the cause of a person’s death due to the actions of another.

Negligence has four elements that must be proven to win a wrongful death claim:

  1. Duty of care – A wrongful death lawyer representing plaintiffs must show that the party who caused the wrongful death had a duty to protect the deceased, and they acted in such a way that it was foreseeable that death might take place. For example, if a truck driver gets behind the wheel of a big rig after having several drinks, it can be assumed that they breached their duty of care that is reasonably expected of all truck drivers, that they not to drink and drive.
  1. Breach of Duty – From their actions, did the defendant breach the recognized duty of care? If drinking and driving is against the law and the defendant did it anyway, they are considered to have breached their duty to do the right thing when getting behind the wheel.
  1. Cause of the wrongful death – Did the defendant’s actions or failure to act cause the wrongful death? In other words, did getting behind the wheel after several drinks, and then getting into the accident, cause the wrongful death to occur.

 Did damages result from the defendant’s action – Assuming the answer is yes, which it should be in a wrongful death claim, the question then becomes, how much financial damage took place to compensate the person’s surviving relatives? The amount can vary depending on the deceased person’s age, occupation and financial contributions as well as other determining factors.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.

DUI frequently asked questions

If you’ve been pulled over and arrested for drunk driving, you’re going to have a lot of questions related to the actual arrest and what comes next.  In Palm Springs, or anywhere throughout California, you’re going to want to hire the top drunk driving lawyer you can afford to assist you.  Here are some questions and answers that might come up as you work through your case.

How do I find the best possible DUI attorney?  The best way is by doing your homework and researching their reputation and experience.  Talk to people in the legal profession you may already know.  You should also check to see if the attorney has a 10.0 rating by AVVO from their fellow lawyers.

What will a lawyer cost?  Many factors determine what fees a lawyer will charge.  Reputation, experience and geographic location factor in, as well as whether the case is a misdemeanor or a felony.  Any prior convictions you might have and whether or not expert witnesses are required for your defense.  Fees can vary from as little as $500 up to $15,000 or more depending on the complexity of the case.

What are some of the defenses that can be used?  Defenses to a DUI charge can be complex and limitless depending on the facts of each case.  However, most defenses fall under the broad range of proving probable cause, the reading of Miranda rights, issues with blood-alcohol concentration tests, the validity of field sobriety tests, and the timing of field sobriety tests.

What are DUI penalty enhancements?  If certain facts exist in a case, a defendant may be exposed to enhanced penalties when being charged with drunk driving:  These can include excessive speed, a child in the car , if there was property damage or if someone was injured or killed, or if the defendant was under age at the time of the arrest.

Dale Gribow, Attorney at Law proudly serves Palm Springs and surrounding California communities.

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Dale Gribow Attorney at Law
73-061 El Paseo
Suite 220
Palm Desert, CA 92260

Phone: 760-837-7500
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73-061 El Paseo, Suite 220