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When can a property owner be sued for unsafe conditions in Iowa?

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Iowa City, IA – It is possible to sue the owner of a piece of property after a victim is hurt while on the land or in the buildings that the owner maintains. However, there are certain elements that must be shown by the victim such as a lack of care, along with actual causation of their injuries and tangible losses. Because premises liability can become complex in many cases, it is important for a victim to get legal help to figure out how to best handle their lawsuit. 

The applicable standard

Civil cases involving injuries on a piece of property generally look for some kind of mistake or oversight by the owner or person responsible for its maintenance. Most legal issues that deal with premises liability and negligence focus on the duty of care imposed on the defendant. In situations where the landowner had no chance to correct an error or unsafe condition, it is much more difficult to prove negligence. However, failure to remedy a known risk can be considered a breach of the duty of care or even reckless behavior. Common reasons for injury lawsuits include unsafe walkways, hazardous chemicals or materials, spills, natural overgrowth, and other obstacles that can clearly result in injuries. If problems such as this are left unchecked, it will usually be considered a breach of the duty of care. 

Contested issues about property conditions

A property owner should take some basic steps to keep areas safe and clear, especially when guests or customers are expected. Evidence may include cleaning or maintenance records. There may also be incident reports if others had been hurt on the property in the past due to similar conditions and problems. This process can vary greatly depending on whether the property is used for residential, commercial, or industrial purposes. The victim may also need to spend time to locate the owner or company that leases the property to track down these kinds of records. 

Investigating the property

The victim and their attorney can take photos of the area, request video surveillance, take other investigative steps to see if there were obvious issues that contributed to the injury. This inquiry can also include looking at the intended uses of the property, along with what measures were taken to prevent harm and keep the area secure. If evidence of severe negligence is uncovered, this can be crucial for the victim’s case. 

Assistance from attorneys in the state of Iowa

Anyone who needs help from a licensed lawyer can contact Eells and Tronvold Law Offices. The firm handles various types of injury lawsuits and accident cases for clients throughout the state. 

Firm contact info:

Eells and Tronvold Law Offices 

1921 51st Street NE, Cedar Rapids, IA 52402-2400  

319-393-1020 

www.eellsandtronvold.com

Why are negligence laws important after an accident in Lafayette?

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Lafayette, LA – When someone is hurt in an accident, they can contact their insurance company and see if they need legal help to receive the most compensation possible to help pay for their expenses. The most important legal principles for people who need financial assistance are often related to negligence. Every state has its own negligence laws, but they are similar in most many important respects regardless of where the accident happened. Negligence is essentially a failure of a person or business to act according to the proper standard of care. 

What is negligence? 

Negligence is a doctrine that has broad applicability in many kinds of civil and personal injury lawsuits, especially those involving accidents, injuries, and mistakes. This type of case makes the person or entity responsible for losses and damage pay the victim to essentially put them in the place they occupied before the incident. 

There are four basic elements of negligence. These are a relevant duty of care based on the situation, a breach of the duty of care, actual causation, and damages. All elements must be shown by the plaintiff’s lawyer at trial, otherwise no money will be collected and the defendant will win the case. Strong evidence that all four elements can be shown is likely to result in a settlement.  

Contributory and comparative negligence

One of the main differences in state law and most important issues for many legal cases is how comparative and contributory negligence are treated in the jurisdiction. These concepts have to do with how a plaintiff’s fault or contribution to their own injuries is treated. 

In Louisiana, a set of rules called comparative negligence is used. This means that fault for all parties involved in the accident, including the plaintiff, can be divided to equal one hundred percent. Regardless of the plaintiff’s level of fault, they can still collect money but their damages will be reduced relative to their level of fault. For example, a plaintiff who is found to be half at fault for their injuries will only collect half of their total amount of damages. This is beneficial for accident victims because they can always bring a lawsuit, even if it appears that they were mostly or partly at fault for their losses. There are some jurisdictions in the United States that use strict contributory negligence principles, which prevent plaintiffs from bringing a lawsuit at all even if they are only slightly at fault for the accident.  

Local lawyers who can bring negligence cases

Miller, Hampton, and Hilgendorf is an experienced accident firm that helps clients in Lafayette, Louisiana. Their attorneys can meet with potential clients to discuss the process to bring a lawsuit and receive compensation. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What happens when a defective vehicle causes an accident in Iowa City?

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Iowa City, IA – There are occasionally problems with cars that can become very serious if there is a sudden malfunction or defective parts that cause issues while a person is driving. From a legal standpoint, the companies that are involved with the manufacturing process can be liable, and they may issue a recall to prevent similar incidents from happening again. Anyone who was injured due to their mistakes or an improper design can file a products liability lawsuit. These are similar to other types of personal injury cases, but there are some important differences. 

Products liability law

As a general rule, companies that produce various kinds of products and release them into the stream of commerce are responsible for them to function as intended without causing injuries. In most cases, the business will be considered to either be strictly liable for not ensuring that their products were safe before releasing them, but the business may also be sued under a negligence theory. Because of this potential for losses, major car manufacturers routinely issue recalls as soon as problems are discovered to prevent additional accidents, injuries, and lawsuits.  

Types of defects

There are a few general types of problems recognized in products liability lawsuits. A defective design is when a product was created and designed in a manner that will cause problems such as injury or death, even when used for its intended purposes. This is because the company that created and designed the product did not conduct enough safety testing or other forms of research that would have discovered the problem before consumers were harmed. 

A manufacturing defect is due to some kind of mistake with one item or unit that caused it to be released in an unsafe condition. At times, there may be various companies in the manufacturing process of chain of custody that can be liable for their role in overlooking the problem. 

Damages for victims

As in other kinds of civil lawsuits, the victim can be compensated for any losses that are directly tied to the defective product and the negligence of the manufacturer. Damages generally include things like the costs of property repairs, medical treatment, lost wages, and non-economic losses tied to pain and suffering. If there are also projected future losses due to the victim’s inability to work or needs for additional healthcare, these become part of damages as well. 

Assistance from local personal injury firms

Eells and Tronvold Law Offices is a trusted firm that focuses on accident lawsuits in the Iowa City area. When someone needs help from a local attorney, the firm is available to schedule a meeting and discuss the process of representation.  

Firm contact info:

Eells and Tronvold Law Offices 

1921 51st Street NE, Cedar Rapids, IA 52402-2400  

319-393-1020 

www.eellsandtronvold.com

How does an accident victim in Florida prove a business was at fault for their injuries from a slip and fall?

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Boca Raton, FL – Slip and fall injuries are a common source of injuries and fatalities throughout the United States. Because of this problem, property owners are responsible for keeping areas safe and clear for expected guests. When they fail to do so, they may be named as a defendant in a civil lawsuit for damages to pay for the victim’s injuries. However, in order to be successful, the victim needs to prove certain elements of negligence and show that the defendant failed to fix a known hazard or take reasonable precautions to avoid accidents. 

The duty of care

All negligence actions start by establishing a relevant duty of care and show that the defendant deviated from this standard in some significant way. A common example of a lack of care in a slip and fall case is when a grocery store leaves spilled liquids on the floor for an extended period of time without cleaning the spill up. 

One way of showing a breach of the duty of care is to show that some kind of foreign object or substance remained in an area where it was not supposed to be. Something as common as water can become a serious problem if it is not cleared from a walkway in a short period of time. In other words, the property owner would breach their duty of care if they left a heavily travelled area in a condition that was likely to cause injuries. The defendant can attempt to say that they did not have enough time or an opportunity to clear the area, especially if another customer was responsible for the problem. There will need to be a fact intensive inquiry about the relevant length of time and other issues. 

Causation and damages

Another element of negligence is to show that the defendant’s actions were the actual cause of the victim’s injuries. In a case where a slip and fall accident is involved, this is usually a simple step, as the fall is almost always the cause of the injuries. It is more important to determine if the business was responsible for the initial hazard. 

Finally, the plaintiff is able to add up their medical bills and other losses for the element of damages. This is the amount that the defendant must pay if they are liable. 

Help from a personal injury lawyer in Boca Raton

Rosenberg Injury Law is an experienced firm that handles various issues related to accidents and civil lawsuits in Florida. A meeting with one of their attorneys is the best way for an injured person to start the process to receive compensation.  

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

What are the main reasons an accident victim in Louisiana should bring a personal injury case?

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Baton Rouge, LA – After an accident, the victim should meet with a local injury attorney to discuss their situation. The lawyer should answer several important questions, along with giving advice regarding whether a lawsuit is necessary in the client’s particular situation. 

Money matters

Just about all civil lawsuits are brought for financial reasons. In many situations where an accident victim needs to file a lawsuit, they simply could not afford their medical bills and other costs without resorting to the legal process. The victim may also miss time from work or lose their capacity to earn if they have suffered from a long term injury. This loss of earning capacity is often the largest aspect of damages, as it can permanently affect the victim’s wages. There may also be mental and emotional trauma or physical pain tied to an injury, which can be factored into non-economic damages for pain and suffering. 

Responsibility for mistakes

An individual driver or commercial driver’s business should be held responsible for their actions that led to a person being seriously hurt. In many motor vehicle accidents, there will not be criminal charges brought unless it is clear that the driver was intoxicated or driving recklessly immediately before the collision. That means the process to bring a civil case is often one of the only forms of accountability available. 

Problems with insurance

While all drivers are required to have an auto insurance policy to drive, coverage is an imperfect solution after most accidents. The insurance companies involved in the claim process may offer a small settlement that does not cover all of the victim’s losses, or they may deny a claim altogether if they believe that the specific type of damage should not be covered. Injury lawsuits can be much more effective at bringing compensation to the victim in certain situations. 

Deterrence

While most people assume that traffic tickets or criminal charges related to problematic driving are the main form of deterrence, civil lawsuits provide a similar solution. After an individual driver or business has been named in a lawsuit and forced to pay out damages, it is likely that they will drive more carefully. Personal accountability is one of the main factors in changing driving habits, especially when the costs become apparent. This is why someone who has already been sued will probably never want to cause another accident. 

Personal injury lawsuits in Baton Rouge

Miller, Hampton, and Hilgendorf assist local clients in Baton Rouge and other parts of Louisiana with lawsuits related to motor vehicle accidents. After a collision, a meeting with the firm is the best way for victims to determine if bringing a civil case is necessary. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

How can an accident victim afford the costs associated with a brain injury?

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Cedar Rapids, IA – Brain injuries are one of the most serious health problems that can affect a person. There can be serious short and long term consequences for anyone who has sustained a traumatic brain injury or concussion. The costs associated with treatment for this kind of health problem can also become quite large due to the nature of the injury. A lawsuit is usually the only option for an accident victim with brain trauma who wants to be able to afford all of their healthcare costs, even if they have a relevant insurance policy.  

Healthcare costs over time

Moderate or severe traumatic brain injuries can cost between a few hundred thousand dollars to several million dollars over the course of a lifetime. Specialists who deal with recovery from brain injuries may need to be retained, as well as treatment from a primary doctor. 

These costs include the initial hospitalization or emergency treatment, as well as dealing with symptoms and recovery over the course of months or years. Victims of brain trauma may deal with insomnia, mood swings, memory loss, depression, anxiety, and coordination problems that can last a while after their accident. Treatment can also be required at a later time if symptoms linger or additional complications emerge. 

Personal injury lawsuits and compensation

Because costs of treatment for these injuries are so high, injury lawsuits are one of the only realistic options for victims to pay for their healthcare. Civil cases can estimate the total costs of treatment, and argue that the defendant should pay for all of these costs due to their actions that caused the injuries. 

Damages are the most important element of a negligence case, as this shows the true gravity of the injury and the amount of money it will take for the victim to try to live their normal life again. The injury lawyer for the victim can add up the person’s lost wages and income, their medical costs and projected future medical bills, and any property damage associated with the incident for their economic damages. Additionally, the victim is eligible for non-economic damages associated with trauma, pain, and suffering caused by the injury. While non-economic damages are more difficult to project, victims of serious injuries can argue for a large amount based on their permanent reduced quality of life. 

Legal assistance for Cedar Rapids accident victims

Eells and Tronvold Law Offices is a firm in Cedar Rapids that helps local clients with their accident lawsuits. Anyone who needs help paying for their injuries can contact the firm to learn more about representation and related issues from experienced attorneys.  

Firm contact info:

Eells and Tronvold Law Offices 

1921 51st Street NE, Cedar Rapids, IA 52402-2400  

319-393-1020 

www.eellsandtronvold.com

Are there any damage caps in injury lawsuits in Arizona?

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Yuma, AZ – Many states around the country have passed laws that limit certain types of financial recovery in injury lawsuits. These are known as damage caps among legal professionals. However, Arizona essentially does not have limits on how much the victim can receive due to language in the state’s constitution. This means that the state is a favorable venue for plaintiffs to litigate against any person or business that has caused them to sustain serious losses. 

What is a damage cap?

Damages are the legal term for the sum of a person’s losses due to medical treatment, lost wages and income, and other problems caused by the defendant’s actions after an accident. In some lawsuits that involve serious injuries to the plaintiff, their damages and compensation can reach into the hundreds of thousands or millions of dollars. 

A damage cap is essentially an upper limit on a specific type of damages or the total award that can be given to plaintiffs in a civil lawsuit. This means that an injured person absolutely cannot receive more than the law allows in certain types of case or for a certain type of damages, regardless of the severity of their injuries. Certain jurisdictions limit damages as a form of protection for certain types of defendants, or a government entity that will have to pay damages with tax dollars. 

Arizona’s constitution and damage caps

The state constitution of Arizona is unique in the sense that it forbids any kind of cap on damages in a personal injury case. Article 2 of the constitution says that any law that would limit the amount a person could recover for a lawsuit involving injury or death is illegal. This means that the state’s legislature cannot pass a statute that sets maximum amounts for any kind of damages in wrongful death or civil injury lawsuits.  

Punitive damages and cases against the government

Lawsuits against the government do have one limitation in Arizona. When the government of the state of municipality, or other public entity is named as a defendant, there can be no award of punitive damages. Punitive damages are a type of compensation meant to punish a defendant through the civil courts for reckless or malicious behavior. This is not technically a damage cap, but it is the only limitation on damages within the state’s laws and court system. 

Personal injury cases in Arizona

Schneider and Onofry are experienced lawyers who help local clients with advice regarding their accident cases. Residents of the Yuma area can get in touch with the firm to learn more about personal injury lawsuits and how to proceed after their collision. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

What is the purpose of bringing a negligence lawsuit after an accident in Tennessee?

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Nashville, TN – Motor vehicle crashes can be expensive for several different reasons. The victim will need medical treatment if they are injured, they may have time away from their job and source of income, and there can be property damage and vehicle repairs. The most likely way for someone to receive large amounts of compensation is a negligence lawsuit, even if the victim has car insurance. This is because insurance claims tend to be more limited both in the amount that will be paid out and the type of damage that is covered under a policy. Some claims may even be denied entirely.

The doctrine of negligence

A negligence lawsuit is a common type of civil action that makes a business or person pay the victim after a mistake that results in injuries. Each state has its own negligence laws, but they vary slightly in each jurisdiction. The four elements of a negligence lawsuit are a relevant duty of care, breach of that duty, causation, and damages or losses. All four elements must be shown, otherwise the plaintiff will not receive any compensation. 

Dividing fault after an accident

An issue in all negligence lawsuits is deciding which party was actually at fault for an accident. In many cases, two or more parties contribute to an accident, but a single party may not be entirely responsible for all of the damages. Many states have adjusted their negligence laws to account for this possibility. In Tennessee, a plaintiff can collect from a defendant as long as they were less than fifty percent at fault for an accident. Their percentage of fault will only be used to reduce their damages rather than block the lawsuit altogether. This means that a victim who is partially at fault can still collect some amount of compensation for their injuries. 

Settlement agreements

Most negligence lawsuits will end with a settlement rather than a full trial. This is because settlements tend to be a more efficient and cost effective way to end civil cases. Strong evidence of negligence by the defendant may cause their attorney to be more willing to close the case through a settlement if it appears that they would likely lose at trial. The benefits of a settlement are reduced legal fees and an amount of compensation that should cover most of the victim’s losses. 

Tennessee accident attorneys

The Law Office of George R. Fusner is a firm that handles all matters related to motor vehicle accidents and personal injury law. Residents of the Nashville area who need legal help can contact the firm to learn more about compensation for their losses. 

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027

615-251-0005

gfusnerlaw.com

How much will a car insurance policy pay out after an accident in Lafayette?

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Lafayette, LA – All drivers in the United States are required to have some kind of car insurance coverage, but the requirements vary slightly based on the driver’s state of residence. Insurance claims are the primary way that vehicle damage and other types of losses are covered. In the event of an accident, there is always the possibility that the insurance company will deny a claim or say that the particular accident is not covered by the driver’s relevant policy. In these cases, the accident victim should get their own lawyer who can review the insurance company’s actions and recommend a solution. 

Coverage requirements in Louisiana

The state of Louisiana requires all drivers to have certain minimum coverage amounts to legally use the roads. This includes up to $15,000 for bodily injuries or fatalities to one victim caused by the driver, a $30,000 total for all injuries or fatalities caused by a driver in any given accident, and up to $25,000 of any kind of property damage that was caused by their vehicle. These amounts will generally cover the medical bills of other drivers, passengers, or pedestrians, as well as protect the driver from lawsuits for any property damage that they caused during an accident.  

Serious crashes can possibly cost hundreds of thousands or millions of dollars when all of the losses are combined. For this reason, many victims of accidents choose to resort to the legal process to have the possibility of collecting more money through a settlement or trial available.  

Buying additional coverage

Aside from these minimum auto insurance coverage amounts, drivers can pay for additional types of coverage or larger potential payouts in case of an accident. Each individual driver needs to discuss their situation with their insurance company to find what policy will work best. The costs of these policies may also vary greatly depending on the driver’s location, their history and driving habits, and the specific insurance company’s volume of business. 

However, even with a high cost or comprehensive insurance policy, there is no guarantee that the insurance company will pay for all damage associated with any particular crash. Insurance companies are businesses that need to generate profits, and they have many cost saving measures in place, which often include claim denials. Some lawyers spend much of their time reviewing insurance claims for mistakes or foul play. 

Help after an accident in Louisiana

Miller, Hampton, and Hilgendorf handle various issues related to car crashes, auto insurance, and personal injury lawsuits in the Lafayette area. Potential clients can contact the firm to schedule a meeting and decide on a course of action with the help of a licensed attorney. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What is the purpose of a medical examination during a car accident lawsuit in Connecticut?

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New London, CT – Many car accidents result in some kind of health issues or medical problems, even if they are not apparent immediately after the collision. Both insurance companies and attorneys may recommend that the victim receives a medical examination from a doctor to prove the extent of their injuries. These examinations can also provide important medical documentation and other records that are used during the discovery process or throughout the personal injury lawsuit. 

Insurance companies and their doctors

When a car accident victim files an insurance claim, the provider normally has their own group of doctors that are supposed to provide an independent analysis and examination of the person’s injuries and verify that they actually sustained an injury. In a general sense, this is meant to help prevent insurance fraud and verify the severity of the injury and necessary course of treatment. 

However, these exams also create problems because the doctor may ultimately be trying to protect the insurance company and downplay the severity of an injury. Some insurance companies even try to use doctors that do not have the proper qualifications to examine the person’s specific injuries. 

If it seems that the insurance company is attempting to find reasons to avoid paying a claim, the victim should retain their own injury lawyer immediately to intervene. 

Doctors and evidence for use in a lawsuit

When a health professional looks at a person’s injuries, they may be called to testify in court at trial or take a deposition to explain their examination further. Doctors are valuable witnesses at trial because they can be qualified to give opinions about the person’s treatment and give other kinds of testimony that are not allowed by standard witnesses. The rules of evidence in each state give requirements for a person to be qualified as an expert witness. 

Medical records and information obtained in the exam can also be useful for settlement negotiations. A lawyer who knows that their client is responsible for a serious injury or health problem may be more willing to settle the case for an amount that is favorable to the plaintiff. Settlement negotiations can also give a preview of the kind of information and evidence that would be introduced if the case goes to trial. The defense may actually lose much more money if they lose the case after a jury trial. 

Lawyers who file accident lawsuits in Connecticut

Holth and Kollman is a firm that represents local clients in the New London area during their accident lawsuits. Their personal injury attorneys are available to talk with local clients about the possibility of bringing a civil case against the person responsible for their losses. 

Firm contact info:

Holth & Kollman, LLC

58 Huntington Street, New London, CT 06320

860-447-0331

www.holthkollman.com