Published on: 29 August 2018
Last Updated on: 23 February 2022
What is Premises Liability?
Premises Liability is the legal idea that if someone is injured on your property due to unsafe structures, mismanagement, or other instances of dangerous conditions, you are liable for the injury. Property owners are expected to maintain safe conditions on their property, and if they fail to do so, are held responsible for any accidents that may occur due to their negligence. If you or a family member have been injured on someone else’s property, you may be eligible for financial compensation due to medical bills, lost income, distress, pain, and suffering, or wrongful death.
What are Indiana’s Laws on Premises Liability?
Indiana determines Premises Liability based on the nature of the injury and the nature of your presence on the property. The injuries could be from things such as a dog bite, a slip, and fall due to improper maintenance, falling objects, exposure to dangerous substances, or a variety of other hazardous scenarios.
In addition to the nature of your injury, Indiana considers the circumstances of your presence on the property when deciding the owner’s “duty of care.” This is divided into three categories:
Invitees – Invitees are held in the highest regard in a Premises Liability case, as they are invited onto the property from the owners. It is the responsibility of the owner to suitably warn an invitee of any potential hazards or dangerous conditions. If the property owner has invited an individual onto their property and failed to properly warn the invitee of a hazard that resulted in injury, they are held liable.
Licensees – A licensee is an individual who has permission to access a property, but for their own purposes. The property owner is still has a higher “duty of care” to a licensee than a trespasser, but only in that they must inform a licensee of a hazardous condition if the owner explicitly knows about the hazard, or that it is very likely the licensee would be unable to identify the hazard on their own.
Trespassers – Trespassers have the lowest duty of care in an Indiana Premises Liability case, because they have entered the property on their own accord, and without permission from the property owner. This does not always mean that they are not entitled to compensation due to an injury, but the circumstances are generally more complicated. If the trespasser is a child, there is a higher duty of care than an adult who knowingly enters a property without the express permission of the property owner.
I’ve been injured, should I consider a Premises Liability suit?
Regardless of the circumstances of your injury, it is in your best interest to consult with a personal injury attorney in Carmel Indiana regarding your situation. Many law offices will provide a free consultation to explore the circumstances of your injuries, the hazardous conditions that led to your injury, and your rights. There is a statute of limitations for any Premises Liability suits in Indiana, so it is recommended that you pursue this case in a timely manner.
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Have you had an accident?
Are you injured badly?
Did the accident make you lose your wages?
And, are all these the result of someone else’s fault?
If Yes, you can file a personal injury claim and ask the at-fault party to compensate the damages. For different states, the personal injury law and case filling vary.
It means you need to know the rules and regulations of the particular state you are living in.
In case you are in Utah, you will have the usual understanding of the basic personal injury rules and regulations in Utah. Here in this article, we will offer you the necessary information about Utah personal injury rules.
So, let’s get started now.
Filing Utah Personal Injury Lawsuit: Deadline
Just like all the other states, when it comes to filing the claim or case in court after any kind of injury or accident, you have a particular limit of time.
This specific rule of filing the claim within the time period is known as the statute of limitations. As per the statute of limitations, you will have 4 years of time for bringing a personal injury case to court.
In case you fail to file your personal injury case within these 4 years, the time period from the day of the injury or accident, the Utah court might refuse to hear your case at all.
It is extremely crucial that you keep track of the statute of limitations. At any cost, you have to ensure that you are filing your Utah personal injury case in court within the particular time period.
To know more detailed information on personal injury claims in Utah and the Utah personal injury Statute of Limitations, you can contact Swenson & Shelley; they will guide you with all legalities.
Shared Fault In Utah Injury Cases
After filing your personal injury lawsuit or insurance claim in Utah, you get to know that the entity or person against whom you are filing your case also insists that you are partly at fault for your injuries.
In case you find out that you are sharing some of the liability for your particular injury, the comparative fault rule of Utah might reduce the number of damages which you might recover from the other party that is at fault.
And, in case you are found to be 50% at fault or more than that, you might be restricted from getting any type of damages at all. Let’s understand this concept with a simple example.
Suppose you met with an accident at the grocery store due to a broken tile. You didn’t see the broken tile and tripped because you were busy scrolling through your Facebook feed. Now, when your personal injury case was represented in court, you were found to be 20% at fault for the particular accident, and the rest of 80% at fault is applicable to the grocery store.
Now, after calculating the damages, you will not get compensation for the complete damage, or just a part of it, because you were also at fault for that accident. As per Utah’s comparative fault, you will not get compensation for the percentage of your damages that is equal to your at-fault percentage.
So, in case your total damage is $20,000, you will get $16,000 because you were 20% at fault and the other party is 80% at fault for your injury.
Now, in case you are found 50% or more at fault, your compensation will automatically get reduced to “0.” Whenever an injured person is found that be or is sharing fault in a court-based injury case, the comparative fault rule is applicable as per Utah State law.
Caps On Injury Damages In Utah
Like a lot of other states, Utah also caps or limits some particular types of damages in personal injury cases. This is so true specifically for non-economic or pain and suffering in medical malpractice cases.
You will find all the details regarding this on the Utah Courts website. There you will also get the process of determining the cap for different cases. Here, you also have to keep in mind that the cap does not at all apply to all types of injury cases.
It is applicable only to those coming from any kind of medical malpractice.
The Utah Government Involved Injury Cases
Now, come to the Utah government-involved cases.
If your injury is the result of any government agency or employee’s negligence, a whole different set of rules and regulations will be applied to your personal injury claim. In this case, you will get only 1 year to file your personal injury claim or case that involves the Utah state government.
So, you have 1 year time to file your personal injury case that involves the Utah state government, and in case your initial claim is denied, you will also have 1 year to file an appeal. This one year is calculated from the date of injury or the accident.
A number of injury claims where the Utah government is involved are governed by the Utah Governmental Immunity Act.
Utah Is A No-Fault Car Insurance State
Now let’s talk about the car accident cases. In Utah, a no-fault system is followed. It means that after any car accident injury or damage, the insurance company of the injured person will offer coverage for all medical expenses along with lost income.
Here, it doesn’t simply matter which party is actually at fault. The injured person’s own insurance company is bound to pay for the damages.
Unless your case meets a “serious injury” threshold, you can not hold the other driver liable for your injury after a car accident. Therefore, most minor accidents fall under the no-fault rules.
However, if you can demonstrate that your accident case involves “serious injuries,” you might be able to come outside of the no-fault system and also can file a liability claim against the at-fault driver.
To Conclude
Now, you get a basic understanding of Utah personal injury rules and regulations. We know it is a lot to keep in mind. Also, when you are already suffering from injury, it becomes tough to keep track of everything and file a claim.
Here, a personal injury lawyer will be able to help you.
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Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know
Car accidents are an unfortunate reality of modern transportation, with data revealing startling statistics that highlight the prevalence of these incidents on our roads. In the United States, for instance, there are millions of car accidents each year, leading to a high number of injuries and fatalities. These numbers emphasize the importance of safety measures and preparedness should one find themselves involved in an auto accident. Amid the chaos following an accident, victims often face not only physical and emotional trauma but also complex legal and financial challenges.
This is where the expertise of a car accident lawyer becomes indispensable. Securing fair compensation after an accident is not merely about filing insurance claims; it's about grasping the complexities of liability, negotiating with insurance companies, and, if necessary, pursuing legal action to ensure justice is served. A seasoned lawyer can steer through the maze of legal procedures to protect your rights effectively. As we proceed, we'll explore the five common types of car accidents where the counsel and advocacy of a knowledgeable lawyer are not just an advantage but a necessity for those seeking rightful recompense. Through their intervention, victims can hope to recover losses and focus on healing without the added burden of legal battles.
#1 Rear-End Collisions: The Complexity Behind A Common Incident
Despite their frequency on the road, rear-end collisions are anything but straightforward. They typically occur when the front end of one vehicle crashes into the back of another. This can happen for a variety of reasons ranging from sudden stops, and distracted driving to tailgating, or even slippery road conditions. The resulting injuries can range from minor whiplash to long-term spinal damage, depending on the severity of the impact. Establishing fault in these accidents often involves understanding the subtleties of traffic laws and driver duty of care, with most presumptions placing the blame on the trailing driver for not maintaining a proper distance or not paying attention.
However, every case has unique factors that can complicate this assumption, such as if the lead driver performed an unpredictable maneuver or if there were malfunctions with one of the vehicles' brake lights. When seeking compensation, legal acumen becomes vital to managing the process of determining fault, especially when insurance companies are involved and injuries are serious enough to warrant a substantial claim.
#2 T-Bone Accidents at Intersections: Sorting Through Liability
T-bone accidents, often occurring at intersections, are severe collisions where the front of one vehicle crashes directly into the side of another, resembling the shape of a “T”. These crashes can lead to significant injuries and vehicle damage, making them among the most dangerous types of road incidents. Determining who is at fault in a T-bone accident can be complex, as it typically involves a scenario where one driver has failed to yield the right of way, possibly due to running a red light or stop sign or being distracted.
Proving liability requires a close investigation and a clear understanding of traffic laws. In such cases, a lawyer becomes a key ally, possessing the expertise to sort out these challenges. They play a vital role in collecting evidence such as traffic camera footage, witness statements, and vehicle damage reports. What’s more, they bring experience in negotiating with insurance companies to ensure victims receive fair compensation for their losses.
#3 Multi-Vehicle Pile-Ups: Untangling The Web Of Responsibility
When several vehicles are involved in an accident, the result is not just physical wreckage but also a puzzle of accountability. Multi-vehicle pile-ups embody chaos on the roads, with each collision triggering another until a snarl of metal and motion brings travelers to a devastating halt. These massive accidents can make it incredibly challenging to discern the actions leading up to the commotion and to pinpoint the responsibilities of each driver involved.
With numerous parties, each with their own perspective and different auto insurance policies, the situation often becomes remarkably complex. Given the multitude of potentially liable parties and the interrelated sequence of events that led to the accident, it is nearly impossible for an individual to manage the aftermath alone. This is why securing a legal expert is not just advisable but necessary. A skilled attorney can dissect the detailed aspects of the multi-car pile-up, coordinating effectively with several insurance companies to ensure that the burden of responsibility is assigned accurately and that justice is served in the knotted aftermath of such harrowing events.
Read Also: Car Accidents in California- What Does the Law Say?
#4 Hit-And-Run Incidents: Tracking Down The Culprit
Hit-and-run accidents add a profound layer of complexity and distress to already traumatic situations. When a driver flees the scene of an accident, they leave behind not only physical damage and potential injuries but also a web of unanswered questions. To disentangle this web, a detailed investigative process springs into action. Authorities begin by gathering all available clues from the scene - think skid marks, vehicle parts, and eyewitness accounts. Law enforcement may also call upon surveillance footage or traffic camera data to piece together the fleeting moments before and after the incident. Amidst the investigation, those affected by hit-and-runs can find solace in legal support.
An experienced lawyer becomes invaluable in such cases, providing guidance and advocacy. These professionals are adept at understanding the subtleties of the law and can be key in securing due compensation. They work tirelessly to uncover the identity of the hit-and-run driver and utilize uninsured motorist policies to ensure that victims receive coverage for their losses. The path to justice can be winding and uncertain, but with a combination of thorough investigation and skilled legal representation, the chances of holding the culprit accountable increase greatly.
#5 Drunk Driving Crashes: Advocating For Justice And Compensation
The traumatic impact of collisions caused by inebriated drivers cannot be understated. These accidents come with severe repercussions, not just physically and emotionally, but also in terms of the legal consequences that accompany them. Drunk driving, universally condemned and vigorously prosecuted, often results in punitive damages—a kind of legal retribution that goes beyond compensatory measures, aiming to punish the offender and deter future misconduct.
Nevertheless, deconstructing the legal challenges surrounding such sensitive cases calls for a strategic approach that an experienced attorney can provide. Skilled lawyers play an important role in ensuring that justice is served by effectively advocating on behalf of victims and their families. They tirelessly work to secure fair compensation, addressing the profound losses incurred while maneuvering through the legal framework. In these trying times, an attorney doesn't just serve as legal representation, but also as a steadfast pillar of support in the pursuit of justice and rightful compensation for those affected by the negligent acts of others.
In the aftermath of a car accident, the importance of having legal expertise cannot be overemphasized. Dealing with the complications that arise can be overwhelming, particularly when it comes to managing insurance claims, potential litigation, and securing fair compensation for injuries and damages. Individuals need to consider the extensive benefits that consulting a car accident lawyer can bring to their case.
These professionals offer more than just legal advice; they provide a shield against the tactics of insurance companies and the legal mazes that can baffle anyone without a law degree. A car accident lawyer works to ensure that your best interests are represented, aiming for optimal outcomes that might not be achievable without their specialized knowledge and experience.
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Philadelphia Residents: How A Car Accident Lawyer Can Help You?
Before we get to know why it might be necessary to hire a redundancy solicitor, it is much more important to know who is a redundancy solicitor and why you might need one.
When I say Redundancy, it is among the limited numbers that have the potential for fair reasons while dismissed from work. This happens when the employer is required to decrease the workforce and also close the business premises.
So now, if you get dismissed from work for a reason of redundancy, then you are entitled to a few statutory rights, including a redundancy payment. Now that you know what is a redundancy solicitor, let’s get into why you might need a solicitor and for what purpose.
Why Would I Need A Solicitor When Being Made Redundant?
There are certain situations when you might need a redundancy solicitor, so let’s get to know these situations.
You might suspect that you are not in a redundancy situation.
You might suspect that your selection is unfair.
You might suspect that the procedure that your employer followed is incorrect.
It is possible that a settlement agreement has been offered to you.
You might have been as to become a volunteer for redundancy.
You might not be sure whether you are getting the full redundancy package.
These are a few instances where the need for redundancy solicitors might be of great assistance.
Related: How A Solicitor Can Help You To Set Up A Business
What Are The Circumstances Of A Genuine Redundancy?
A redundancy is to be considered if the following are maintained:
Suppose the whole business is closing temporarily or maybe permanently.
It is possible that a particular workplace you are working in is either closing or maybe moving to another location.
Suppose the job you have ceased to exist or has diminished, or maybe you are expecting your job to cease to exist or diminish in the future. This will happen if your employer is considering certain restructuring in the workplace.
The redundancy is not to be considered to be genuine if the following happens:
Suppose your employer is replacing you with someone else, maybe with someone with someone who is willing to work for less amount.
It is possible that the business is about to transfer its ownership, and maybe the new owner is going to employ you on totally different employment terms.
It is more likely that the latter will become a Transfer of Undertaking (TUPE) situation. Before you apply for this, it is better to get legal advice, or you might be in trouble since it is a grey area.
An Employer That Has Not Followed A Fair Procedure
In an ideal world, the employer’s redundancy process should have a set employment contract or handbook in place. Now what your employer should do is look for redundancies that can be avoided quite easily. Certain ways you can avoid redundancies are:
Your employer can ask you to volunteer for a redundancy or even opt for an early retirement.
The employer can also choose to lay off the employees who are self-employed.
The employer can choose to ban or reduce any overtime.
Your employer can offer you to get alternative work.
Now if your employer still wants to proceed toward redundancy, then they should really identify the certain employees who are to be made redundant. But the selection should be made in a fair way.
While selecting the employees, there are a few characteristics that should not be considered as the selecting factors, they are such as gender, ethnicity, or any such discriminating factor.
The selection criteria that are to be considered fair and impartial are:
Aptitude
Skills
Qualifications
Performance
Record/Discipline
Attendance
Now depending on these selection factors, the employer has to consult with these candidates; if they don’t, then the redundancy will be considered to be unfair as well. At least one meeting with the employer is important to discuss every aspect of this situation.
Well, suppose your employer has selected over 20 candidates for redundancy, in that case, a special rule is applied that the candidates need to follow through.
You should also be given a proper notice period to prepare yourself. The notice period should be like this:
1 week notice if you have been working in the organization for between one month and about two years.
1 week's notice for each of the years the employee has worked in the company ranging between 2 to twelve years.
Lastly, 12 weeks of total notice period; if the employer has been working in the company for over 12 years.
Which Is Better, Being Offered A Redundancy Package Or A Settlement?
Well, now, suppose you have been working in a company or organization for over two years; then, you are entitled to a statutory redundancy payment as well. For this, the specific calculation goes something like this.
About 5 week’s payment is given to employees who have worked a full year after their 41st birthday.
About a week’s worth of payment is given to employees who have worked a full year after their 22nd birthday.
About half a week’s worth of payment is given to employees who have worked a full year till their 22nd birthday.
The total length of your service is capped at 20 years. Then your weekly payment is averaged over what you earn per week over a 12-week period till your redundancy notice.
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