Many different types of personal injury cases can be classified as premises liability cases, including:
- fires, explosions or electrocutions;
- negligent security at hotels and bars resulting in violent crime;
- porch or other structure collapses;
- elevator and escalator injuries;
- injuries at camps, health clubs, and places of amusement;
- injuries at swimming pools;
- injuries from snow and ice;
- dog bites and other animal-related injuries;
- defects in stairways and walkways resulting in falls;
- slips, trips, or falls in stores or supermarkets;
- mold or other toxic injury;
- injuries to tenants and their guests in rented space or common areas;
- slip and fall cases;
- snow and ice accidents;
- inadequate maintenance of the premises;
- defective conditions on the premises;
- inadequate building security leading to injury or assault;
- elevator and escalator accidents;
- water leaks or flooding, and
- toxic fumes or chemicals.
Premises liability cases include a wide range of fact scenarios. Even dog bite cases fall under the umbrella of premises liability because they involve an unsafe condition on someone’s property (the presence of a potentially dangerous dog).
Here is how a premises liability case works:
The first steps in your case will be for your attorney to investigate your accident. He obtains evidence proving the other party’s negligence, and collect your medical records, medical bills, wage loss documentation, and other proof of your damages. This will help him to evaluate the strength of your claim and how much your claim is worth.
Maximum medical improvement
Your maximum medical improvement is the stage in your medical treatment where you have recovered as fully as possible. You need to reach this stage before moving on with the settlement of your claim to be certain that you know your prognosis and what future medical and wage loss damages you will incur. This is so that these amounts are included in the settlement.
Your attorney will send a demand package to the insurance adjuster outlining the other party’s negligence, your injuries, your medical treatment, and the amount you are entitled to in settlement. Then there will be a period of negotiation where your lawyer would try to settle your claim without the need for litigation.
If your attorney is unable to settle your claim or the statute of limitations to file a lawsuit is about to expire, he will file a complaint and litigate your case. Once the answer to the complaint is filed, your attorney will engage in a lengthy discovery phase where written questions are answered, documents are provided pursuant to requests for production of documents, and depositions are taken. He will also try to settle your case at various times, and at some point it will most likely be resolved. If not, your case would be decided at trial.
Like anything in law or life in general, getting to a successful result in a premises liability case is not always simple, and it certainly should not be viewed as simple by your personal injury lawyer. Successful prosecution of a property-related accident case requires knowledge, resources, and experience in the multiple legal specialties and sub-specialties involved in bringing such cases.
Car insurance is certain to play a part in any claim that’s made after a car accident. Arizona, like most states, requires the owner of a motor vehicle to maintain a certain amount of insurance coverage in order to operate the vehicle legally on the state’s roads and highways. So, understanding the Arizona auto insurance rules is essential to any potential car accident case. Arizona is a fault based state, thi means an accident victim has to prove fault on the person that caused an accident and their injuries. Proving fault includes several elements:
- You have to prove the other person owed you a duty of reasonable care (ie: if driving, one has a duty to drive carefully and obey traffic laws)
- You must prove the other person breached that duty (ie: they were negligent by rnning a stop sign or red light)
- You were injured and incurred damages as a result of their negligence
Fault can also be split among several people or entities, which each defendant liable/responsible only for their level of fault in causing an accident or one’s injuries: Arizona is also a state of comparative negligence, which means if you act negligently and such actions contribute to your own injuries, your potential recovery will be reduced by the percentage of fault attributed to you.
-If the at-fault driver has no auto insurance, the injured party can make an injury claim against their own auto insurance carrier, providing they purchased uninsured motorist (UM) coverage.
-If the at-fault driver’s auto insurance coverage is insufficient to compensate a victim for their injuries or damages, the injured person can make a subsequent claim against their own carrier under their underinsured motorist (UIM) coverage. However, UM or UIM coverage is not mandatory under Arizona Law. It is an optional coverage that one must purchase if so desired.
After any kind of traffic accident in Arizona, if you’ve been injured or incurred damage to your vehicle, you probably want to understand your options for getting compensated for your losses.
The Arizona Car Accident Statute of Limitations
A “statute of limitations” is a state law that sets a strict time limit on the right to bring a lawsuit. These deadlines vary depending on the kind of harm you suffered or the kind of case you want to file.
(Note: the statute of limitations does not apply to a car insurance claim. Any insurance company, whether your own or the other driver’s, is going to require you to make a claim – or at least give the insurer notice of an incident that could trigger a claim – “promptly” or “within a reasonable time” after the accident. That usually means a matter of days, or a few weeks at most.)
In Arizona, the statute of limitations that affects car accident lawsuits is the same as the larger one that applies to all personal injury cases. Specifically, Arizona Revised Statutes section 12-542 sets a two-year deadline for the filing of any civil case seeking a remedy for “injuries done to the person of another,” for “trespass for injury done to the estate or the property of another,” and for “injuries done to the person of another when death ensues from such injuries.”
So, after a car accident, the same two-year time limit would apply regardless of whether the legal remedy being sought is for injury, vehicle damage, or wrongful death.
If anyone was injured or had their property damaged in the crash – whether a driver, passenger, motorcycle rider, bicyclist, or pedestrian – they must get their lawsuit filed within two years of the date of the accident.
If you try to file your lawsuit after the two-year time window has closed, the court will almost certainly refuse to consider it, so it’s important to understand how the statute of limitations applies to your situation. Even if you’re confident that your case will be resolved through the car insurance claim process, you’ll want to leave yourself plenty of time to file a lawsuit in case you need to – if for no other reason than that you’ll have more leverage during settlement talks. If you think you might be running up against the two-year deadline, it may be time to contact an experienced Arizona car accident attorney.
If the other driver was entirely at fault for your car accident, he (through their insurance carrier) will pay to compensate you for medical bills, lost wages, and other losses you suffered. But what happens if you were partly at fault? Arizona follows a “pure comparative fault” rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff’s damages, and the percentage of fault that belongs to each party. Under the pure comparative fault rule, the plaintiff’s damages award is reduced by a percentage equal to his or her share of fault. The comparative fault rule in Arizona applies even if you are found to be more responsible for the accident than the other driver. For instance, if the jury decides you are 90 percent at fault, you are still technically entitled to 10 percent of your total damages, but of course the other side of the coin is that you’ll be on the hook for 90 percent of the other driver’s damages.
Industrial accidents can cause fatal injuries that can impact your life forever. You can be left with questions and nowhere to turn for answers.
We’ll offer you some reasonable answers to your questions. And don’t worry, you’re not alone. We will guide you every step of the way. Calling our legal professionals (480) 757-5000 is the first step towards answering your questions with detail.
With industrial accidents, it’s especially important that you or a family member call us as soon as possible. Evidence can quickly disappear quickly from worksites, and a matter of hours could be the difference between having a case or not.
Do I have an Industrial Accident Case?
Working within this industry can be very dangerous, and many men and women put themselves in harm’s way every day. However, if something’s dangerous, that doesn’t mean you aren’t entitled to compensation if you’ve been injured. Some of the most common industrial injuries are:
- Falling Injuries
- Equipment Failure
- Crushing Injuries
- Falling Objects
- Amputation/Severed Limbs
- Trucking Accidents
- Fire/Explosion Injuries
These injuries can occur in many different fields:
- Fracking/Marcellus Shale
- Railway/Riverway Transportation
- Utility Companies
Our legal team will determine if you have a case. When you contact us, the level of details of your accident will be of highly significant to the fact. It will be based on essential details like the extent of the injury, hospitalization, surgery(Or will be needed in the future), permanent damage to your health, who was at fault, what evidence is available and more.
How much is my Industrial Accident Case Worth?
In this type of situation, you are probably wondering “How much is my case worth”? We know that you are worried about your family’s future, as well as your own. We want you to know that we’re here to help you. Stress and mounting medical bills can pile up with no solution in sight. We can help you and get you the money you deserve.
To understand your case we’il need to know the details :
What are the injuries, do you need surgery, do you have unpaid medical expenses, are you unable to work, have you lost wages or expect in the future, how long will it take you to recover, how long did it take you to heal, do you have permanent damage, witnesses, etc.
Sometimes it is difficult to understand if you’re having a personal injury claim or worker’s compensation claim. The main difference is the third party claim. Third party claim refers to an injury occurring at a worksite but is the responsibility of someone other than your employer. So it can be a personal injury claim!
With an injury complicating your everyday life, we’re here to put back things back in place. We’ll work towards settling the compensation you deserve. We’ll help you get money for medical bills, hospital stays, lost wages, future or past surgeries, ongoing physical therapy and more.
Hiring a legal counselor can be expensive, and it might look like just another bill when you are already stretched thin. We’re here to help. Remember, we’re here for you, call us today for a free legal consultation.
“Putting your teen in a big, boring vehicle is going to be a lot easier on the wallet than giving them the zippy small car they may want,” says Russ Rader, spokesperson for the Insurance Institute for Highway Safety (IIHS).
So, adding a teenage driver to your car insurance bundle will raise your rates, but you can control how much will they climb. Teenagers cost more to insure, and there is a reason for that! Usually, new drivers are one of the most dangerous drivers on the road, at rates several times the scale of the average driver.
Ensure your teen driver!
You should ensure all family members in the household, whether they drive your cars or not. I don’t have full custody of your child, consult insurance company. Companies have different policies regarding ensuring a teen as a single parent. Best way to approach this is that the parent with primary custody adds the new driver. A minor cannot own a property or sign contracts, without a parent’s signature or consent.
The average car insurance rate for a 16-year-old who has his or her policy is as follows, per year:
- State minimum coverage: $2,593
- Liability limits of 50/100/50: $2, 957
- Full coverage: $6,930
It’s better and cheaper to add teenagers to an existing policy than to exclude them, and then buy an additional car and ensure it, says consumer analyst Penny Gusner.
Think about choosing a car you can ensure at low cost
If you have a couple of cars, it can be resourceful to have your new driver assigned to a specific one, the one that’s cheapest to insure. When choosing a car, you should start with IIHS’s, which lists insurance losses by make and model for vehicles built before 2010. The vehicles with lower auto insurance losses will typically have lower auto insurance rates while providing more protection if the crash occurs.
“Bigger, faster engine costs more money to insure and more money to repair,” says June Walbert, a Certified Finacial Planner for USAA.
Having a car with a powerful engine can be a temptation to a young mind(And sometimes for an even older one), and you will probably use that kind of power. She recommends four-door sedans and crossover vehicles. Don’t overlook car Insurance discounts.
Check with the insurer to see what types of discounts for teenagers might be available.
The nationwide study done in 2010 of almost 2000 parents of teens between the ages of 15 and 19 found auto insurance costs soared an average of $800 a year just by adding a teenager to their policy.
There are good-student discounts to teens who maintain at least a “B” average. If your teen is old enough to go to college and doesn’t have a car. You’re likely to get a break on our auto insurance. That’s because the teen isn’t a regular operator. Several insurance companies offer digital monitoring devices to keep an eye on tour teen’s driving behavior.
Depending on the system installed, it might monitor specific specified behaviors like seat belt usage, speeding, hard braking, cornering and arrival and departure times.
Unauthorized Computer Access
The Computer Fraud and Abuse Act (CFAA) (18 U. S. C. § 1030) is a federal statute that mainly protects against unauthorized computer access such as hacking. This act can also impact enthusiasts in the domain of social media.
Initially enacted in 1984, CFAA makes it unlawful to access knowingly or intentionally a “protected computer” without authorization or more than authorized access. Computers “with protection” are defined and include all
Networks of computers that are widely-used in or affect interstate commerce, and so include most employer-owned personal computer systems. Criminal fees and penalties may occur if the violation of CFAA happens, and CFAA also allows individuals (And employers) to be able to bring a civil action for damages or injunctive relief.
Employees rarely drag into court their employers under CFAA, but employers should yet consider CFAA in making their social media policies and deciding how they will regulate employee using social media. Employers typically are permitted to access and view any open public social media marketing content without working afoul of CFAA, in addition to CFAA may even guard an employer’s right to be able to access public social media marketing articles.
Circumstances are significant: While the courtroom found that the application of password systems on social sites was a crucial factor, in addition to despite the fact of which LinkedIn had revoked HiQ’s authorization to view articles, the court did not necessarily see any difficulties with hiQ accessing LinkedIn’s public sociable media profiles and reports. As such, the courtroom granted a preliminary injunction enjoining LinkedIn from preventing hiQ from accessing, replicating, or using any regarding LinkedIn’s public profiles.
So what’s the inside contrast?
Users may disobey CFAA if they accessibility employees’ private social mass media profiles without permission. Also under CFAA “Access” is not limited to be able to physical access to a new computer and social mass media profiles are typically password protected. Employers must be cautious about accessing a great employee’s private social mass media profile unless the staff grants the permission to watch the pattern casually. Business employers must have professional knowledge about levels of privacy and what they can access and what they can’t. The boss should only view a great employee’s private social media content in the event the employee has access to the profile on a new computer or system, the employer’s policies enable for it.
In September 2011, an amendment to the CFAA was introduced to bring the law back to its original focus on illegal intruder prevention as part of the Personal Data Privacy and Security Act of 2011.
Motorcyclists are more vulnerable on the road
As spring/summer approaches and the weather temperature rises, more and more motorcyclists will start hitting the roadways. With this seasonal increase of motorcyclists on the roadways, comes to an increased danger of those motorcyclists getting into serious accidents. It should come as no surprise that motorcyclists are more vulnerable on the road and statistically are more likely to be injured or killed in a car accident than occupants in a car, bus, or truck.
Back in the year 2015, motorcycle fatalities across the United States topped 5,000. Motorcycle accidents accounted for 1.1 percent of total crashes and 15.8 percent of all fatal crashes. All because motorcyclists aren’t that well seen on the road. One state has tried making a difference in decreasing motorcycle accidents; Illinois instituted a “Start Seeing Motorcycles” campaign and declared the month of May the Motorcycle Awareness Month. The campaign urges all drivers to stay vigilant when on the road and consciously look for motorcycles on the roadways.
There are three states in the nation that do not have a law that mandates motorcyclists and their passengers to wear helmets. Whether your state has this law or not, it is ludicrous to not want to wear a helmet when driving a motorcycle. Statistics show that wearing a helmet can reduce injuries and save lives effectively. The National Highway Traffic Safety Administration (NHTSA) estimated that wearing helmets saved 1,859 motorcyclists’ lives in 2016, and 802 more lives could have been saved if all motorcyclists had worn their helmets. The NHTSA estimates that helmets are 37% more effective in preventing fatal injuries to motorcyclists and 41% more effective in preventing fatal injuries to their passengers.
Motorcycle accidents or no easy matter and can be terrifying for anyone involved in any shape, way, or form. Medical costs can of course quickly stack up and overwhelm. If you or a loved one has been injured in a motorcycle accident, contact a professional accident lawyer to learn more about how you may be entitled to receive compensation for your injuries and get peace of mind.
So you want to know what workers’ compensation benefits should include? Well first let’s look at what workers’ compensation benefits are. This compensation plan is a state-mandated (each state will vary in their compensation plan also) insurance program that provides benefits to employees who have suffered job-related injuries and illnesses. So in short, an employee with a work-related illness or injury can get workers’ compensation benefits regardless of who was at fault—the employee, the employer, a coworker, a customer, or some other third party, while on the job.
Now we get into the nitty gritty. Most Workers’ compensation will cover a majority of work-related injuries—but not all. Of course, workers’ comp won’t cover injuries caused by an intoxicated employee or an employee using illegal drugs. This should be a no-brainer, but some try to get by anyway. Coverage may also be denied to employees in situations involving:
- self-inflicted injuries caused by starting a fight.
- injuries caused while the employee was committing criminal activities.
- injuries caused while the employee was not on the job.
- injuries caused when the employee’s conduct violated company policy.
Now it doesn’t take injuries such as falling off a ladder or getting your foot ran over by a forklift to be covered by workers’ compensation. Many employees receive compensation for injuries resulting from overuse or misuse over a long period of time. Most workers’ compensation benefits even cover chronic back problems from repetitive work stress. Workers’ comp pays hospital and medical expenses that are necessary to diagnose and treat the injury keeping an employee from work. But the key element about these benefits is it also provides disability payments while you are unable to work (typically, about two-thirds of your regular salary). Depending on your state and the injury you’ve suffered, your works benefits may also pay for rehabilitation, retraining, and other benefits.
Contact Us Today!
For more information regarding workers’ compensation benefits contact us today to schedule an appointment.
It’s estimated that every year about 50,000 people are seriously injured in bicycle and motor vehicle crashes right here in the United States. That’s not counting the number of cyclists injured due to debris or obstructions in the roadway. Injuries sustained from these accidents are anywhere from serious to life-threatening. If you are a bicyclist who has just been injured due to the negligence of another, it is important to have an experienced bicycle accident attorney by your side to help you obtain the compensation you deserve for your injuries and woes.
According to Arizona traffic laws, bicyclists have every one of the same rights on the road as other vehicles do. Whenever a motorist blatantly ignores a cyclist’s rights or fails to pay attention and violates the cyclists needed space on the road, an accident and serious injury can occur. And we see it all the time when a negligent driver changes lanes without seeing the bicyclist, they make improper turns at intersections in violation of laws applicable to how the turn should be made when bicyclists are riding, and they change lanes without first looking for a bicyclist.
The law requires you to file your negligence claim within a certain period of time after the accident in question. If you’re claiming a governmental entity who was negligent and is responsible for your accident, the window of time is even shorter. If you miss this deadline, you will forever lose your right to be compensated for your injuries and find peace of mind. Find a bicycle accident attorney you can count on and who will understand the applicable statute of limitations and will evaluate the circumstances of your case and be certain it is filed within the required time frame.
Contact Us Today!
For more information regarding accident claims, then call us today to schedule a consultation.
How To Prevent Driver Fatigue
Whether it’s a truck driver hauling your next load on a long delivery or a someone driving back from a business trip they didn’t sleep a wink during, they probably have one thing in common: driver fatigue. This comes about when a driver has had a lack of physical or mental energy and their performance dwindles. This commonly due to lack of sufficient sleep. And the reason behind that can be a number of things (working too many hours, stress, insomnia or sleep apnoea, etc.). However, no matter the reason, drivers fatigue can be a fatal hazard to both the driver and any victim driving nearby. So what can be done when one is fatigued while driving?
Try to make it a goal to get a good night’s sleep every night. Try not to drive when your body is naturally drowsy. If you’re so sleepy that you may fall asleep behind the wheel, choose a safe place to pull over and rest. It’s better to take a nap on the side of the road than to cause harm to you or someone else.
Naps Aren’t Just for Kids
Taking a short nap is a great way to get an energy boost. When feeling drowsy or less alert while driving, take a nap in a safe spot you can stop at. Naps should consist anywhere from 10 minutes to 45 minutes. Always try to give yourself at least 15 minutes to wake up after your nap before you resume driving.
Know the Symptoms
- Sore or heavy eyes
- Delayed reaction times
- Not concentrating on your driving
- Driving speed creeps up or down
- Loss of motivation
“Alertness Tricks” Don’t Work
Any kind of alertness trick you can think of (smoking, turning up the radio, slapping yourself, drinking coffee, and opening the window) aren’t the best cures for fixing drowsiness. They can help for a little bit, but that fatigue is still there and it’s dangerous. When in doubt, nap.
Can You Reopen a Personal Injury Case?
You may have had a personal injury case in the past that did not turn out in your favor and you want it looked at again. However, you cannot reopen a personal injury case that has been settled. If you and the defendant came to an agreement on a settlement amount, then it was most likely required of you to sign a form that releases the defendant and their insurance company from any future claims arising from that same accident or injury.
Even if such a document was never signed by you, most likely there was some sort of verbal settlement agreement that acted in the same way as the release. One of the two had to have been done for insurance companies, who are pretty upfront with getting settlements squared away without anything coming back at them. So no matter the details of your case, there is a good chance you won’t be able to reopen your personal injury claim after it has been settled. However, contacting a professional injury attorney to review your specific case may be able to find exceptions and give legal advice.
Another factor to look into is whether or not there were multiple parties responsible for a personal injury accident. Take a car accident for instance: multiple vehicles involved, defect with your car, or an unsafe road condition. If any of these situations play into your case, then every responsible party involved should be held accountable for their contribution to your injuries, financial hardship, and emotional turmoil.
Even if your claim against one party has been settled, you may still be able to bring a claim against another party that is just as involved. Of course, this all depends on the release you signed or verbally confirmed when you settled with the one party. Sometimes, these releases are worded in a way that prohibits you from pursuing any additional claims related to that accident/injury, but leave that to a professional injury attorney to seek out the details and tell you for sure whether or not you have options.