Gated communities are a choice for many because of the extra privacy and protection. Since most gated communities have security guards at the entrance, intrusion is difficult, but of course not impossible. When that happens, and someone breaks into your gated community, do you know what are your rights?
Gated communities can also have crimes just as your regular neighborhood. People can break into houses, stole property or even assault someone. However, when a gated community is not able to provide the things it promises i.e. security, then they can be liable.
It’s the gated community’s job to provide and maintain the security they promise to their residents. Which means that they must constantly work on repairing and improving the security measures that should provide said security.
Reduce property liability through maintenance
Gated communities can be liable for any injury or damage which happens because they failed to make necessary repairs and improvements on the security. So for example if the community fails to repair the gate (after it breaks down) in a timely manner and this allows an intruder to break in and cause someone harm, then the gated community could be considered negligent.
Usually gated communities have a secure gate, a security guard and a patrolling guard. With all these measures, it’s safe to assume that the residents should feel pretty safe. All the staff that is hired by the community should be qualified for that position and must provide the necessary security. The gated community could also be considered negligent if they have poor hiring practices and they hire people that is not qualified enough to provide the security that the community promises.
Lower property liability through security access
Gated community security is further controlled by the gate access. You can see that some gated communities have a security guards at the gate while others have security key pads that allow you to enter the community. Permitting someone to enter the community without properly identifying them, the community could be held reliable for that too, if the person causes any injuries or damage to the community residents.
It’s your gated community’s obligation to warn you about local crime activity. If some of the residents suffer damage or injury and the community fails to warn you about local crime, then they could be held accountable for that as well. If your neighborhood had recently experienced acts of burglary, break-ins, assault etc. then your community is obligated to warn you about those.
If you live in a gated community and you suffered an injury or damage as a result of security issues, contact us today and get familiar with your rights.
A car accident can change your life in an instant and it can happen without any warning. As if injuries aren’t enough, but you also might need to navigate the complex and lengthy process of an insurance claim. This can be both stressful and confusing, especially if you know nothing about car insurance claims.
But the question still remains. How do car insurance claims exactly work? Here’s what you need to know about car insurance claims, especially if you were injured in a car accident.
After the car accident that you were involved, you should notify the insurance company right away. In some states you can file the claim with the at-fault driver’s insurance company. And in other states, different rules will apply. For example, did you know that Kansas has a no-fault insurance system? This basically means that if you were in a car accident and you’re not the at-fault driver, you have to file the claim with your own insurance company.
After the accident, in most cases the insurance companies will contact you. Sometimes even while you’re recovering. Once the claim gets filed, the insurance company appoints an adjuster who will evaluate your claim and determine its worth.
You might think that the adjuster is here to work in your favor. Well, he/she isn’t. The adjuster appointed by the insurance company works for the insurance company’s interests. The sole goal of the adjuster is to minimize the amount that the insurance company will pay you for your claim.
Working with the adjuster
It’s often the practice that the insurance adjuster will contact you in order to get more information about the accident. The adjuster might even ask you to give a recorded statement. However, if you haven’t yet spoken to a personal injury lawyer, we strongly recommend that you don’t give a recorded statement to the adjuster or any other representative from the insurance company.
The recorded statement and any other evidence is collected for processing your claim. So when the adjuster asks you to give a statement, just politely decline and let him know that you will be willing to give a statement once you consult your personal injury lawyer. In case you’re still under some stress from the accident or you’re experiencing pain and take medication for it, allow yourself some time to pass before giving a statement. Also, you can rely on your personal injury lawyer to negotiate the process with the insurance provider.
Sometimes, the car accident will only cause property damage and no one will be injured. In cases like that, the insurance claim process is pretty simple. The insurance company will ask you to take your car to the mechanic, who will then assess the damage and provide the estimate to the insurance company. Car accidents that only end in property damage is something that you can handle. So you don’t really need a personal injury lawyer.
Determining who’s at fault
It’s the adjuster’s job to determine who caused the accident and who’s at fault. Sometime, even when the police record clearly state that you’re not at fault, the adjuster will try to dispute it.
Another practice is that insurance companies sometimes want to settle a claim rather quickly. If someone from an insurance company approaches you and makes you an offer, don’t accept it. It’s best to first speak to a personal injury lawyer who can evaluate your claim. Because when insurance companies make you an offer right away, the offer is usually extremely low compared to the realistic value that you should be compensated for (the insurance company is trying to pay out as little as possible).
Once your personal injury lawyer evaluates your claim, you will realize that the offer from before was really low. The lawyer will provide you a range of values and a fair offer from the insurance company should fall within that range.
When you agreed on how much you would request from the insurance, the lawyer will draft a letter, include additional proof and send the new offer to the insurance company. The insurance company can do three things: accept your offer, offer you a lower amount or just deny it.
As you can see, the insurance claim process is not as simple. The entire process can be a complicated maze you need to navigate and that’s why it’s important that you have a good and experienced personal injury lawyer who will support you.
Entering into a lease can be trying experience, especially if you have a landlord who continually welches on the agreement. We always suggest that before taking any legal action against your landlord that you try to talk to them and come to an agreement about your concerns. However, if it must come to legal action here are some scenarios you may find yourself in and your legal rights against your landlord. In most cases your first course of action is to consult with an attorney.
Your Landlord is Evicting You
If you have been served with a termination notice and you intend to fight it, then it is all but imperative that you hire a lawyer to win your case. It is best to hire a lawyer that you don’t know personally who specializes in landlord-tenant relationship or real estate law. A lawyer will know more about the law and argue from an objective position.
Your Landlord isn’t Making Proper Repairs
Perhaps the biggest complaint that tenants have for their landlords is that they fail to make necessary and complete repairs outlined in a lease agreement. For example, if your air conditioning has gone out in the dead heat of an Arizona Summer and your landlord hasn’t done anything about it in a week.
Depending on the state you live in you may be able to withhold rent or make the repairs yourself and deduct the cost of repairs from your rent at the end of the month. Consulting with a lawyer beforehand will give you the best opinion for your particular case.
Injury or Illness
If you have been injured or become sick as a result of your landlord’s carelessness then you the right to take action against your landlord. One example of an actionable illness would be if your home contained toxic levels of black mold and your landlord ignored requests to have it removed.
If you believe you fall under this category you will need to contact a personal injury attorney with experience in premises liability.
Damage to Personal Property
If your personal property has been destroyed as a result of your landlord’s negligence, such as flood or a fire caused by faulty wiring, your first course of action is to file a claim with your renters insurance. Your insurance company will then seek reimbursement from the landlord.
If you don’t have renter’s insurance and the property damage is considerable then you may want to hire a lawyer to help you with your reimbursement.