Can I Sue a Driver if They Hit My Dog?

Losing a pet is an emotional time in a person’s life.  As the pet owner, you may wonder if you are eligible for legal compensation if someone kills your dog by running them over. After all, you suffer emotional anguish and even loss of companionship. For those who have authorized help pets, such as guide dogs, service pets, or even emotional support animals, losing their pets can be even more damaging to their overall quality of life.

So, it is very common for pet owners to wonder if they can pursue legal action against someone who kills their pet by hitting them with their car. Although these types of civil cases are complex and often differ among local jurisdictions, there are a few general understandings surrounding such pet accidents that you should be aware of. 

Continue reading to learn about your rights and liabilities as a pet owner in the case that they are hit by a car, and where you can get a free consultation to learn whether you can sue for emotional damage and mental anguish if this ever happens to you.

Civil Litigators Indianapolis Indiana 317-636-7497
Civil Litigators Indianapolis Indiana 317-636-7497

Dogs and Leash Laws

In most counties, if an unleashed dog is hit by a vehicle in a public area, the owner may not be entitled to any compensation. In fact, in many jurisdictions, the pet owner may be liable for any damages done to the person’s vehicle because of the impact. Although this seems somewhat unfair, it is generally up to the pet owner to secure their dog in public places. In a court of law, the judgment would most likely not be in favor of the dog owner. If the dog was on a leash but escaped from the pet owner’s grasp, there may be a slight chance the pet owner can walk without being liable for any damages.

In the rare circumstance that a dog is killed by another person or vehicle while on a leash, there may be a chance for the pet owner to gain compensation for their loss. In court, a judge and jury would have to determine the degree of fault per party. That percentage will inevitably determine the amount of compensation the victim will receive. 

Negligence

If the plaintiff’s legal party can prove that the driver was acting negligent or reckless, and that their carelessness directly caused the death of the pet, there may be a higher chance for them to be found liable for the dog’s demise. Negligence and recklessness would include driving under the influence, intoxication, using a cell phone while driving, speeding, ignoring traffic signs, driving off road, and similar distracting or illegal behaviors.

Intentional Torts or Recklessness

In the case that someone intentionally inflicts harm, abuses, or kills your dog, they can be held accountable in both criminal court and civil court. Dog owners who become victims of this kind of intentional act of malice or recklessness stand to incur all sorts of damages and losses aside from emotional and mental anguish, such as veterinary bills, prolonged treatment or therapy for your dog, lost wages from missing work to stay home and care for your dog, fuel costs traveling to and from vet appointments, and more.

Assistance Animals

If a person were to kill a registered guide dog, service pet, assistance animal, or emotional support pet, they could face civil and criminal penalties depending on whether the act was intentional or not and various other details of the case. In a criminal court, a guilty verdict would render a likely sentence of heavy fines, community service, restitution to the victim, and an order to pay the victim’s legal fees and attorney costs. In a civil court, the dog owner could be awarded damages for vet bills, lost wages, mental and emotional suffering, loss of companionship, and more.

Passenger Dogs Killed in Car Accidents

If you were in a serious car accident that was the fault of a negligent or careless driver, and your dog was inside the car and died because of the collision, you could possibly recover additional damages aside from the common types of damages awarded in personal injury lawsuits. Speak to an Indianapolis IN car accident lawyer as soon as possible to learn your rights to compensation.

The best way to avoid a tragic accident with your pet is to have it on a leash and always secured properly when in public areas. Prevention is possible with a little responsibility. If your dog has been hurt in a car accident, be sure to contact your veterinarian immediately.

Was your dog, cat, service animal, horse, or livestock recently injured or killed because of another’s negligence or intentional act? Contact Carl Brizzi LAW at 317-636-7497 to speak with an experienced civil litigator in Indianapolis, Indiana about your eligibility to pursue legal action against them and recover a settlement for your damages and losses. We serve clients throughout the state.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

How to Spot the Signs of a Staged Car Accident

If you can believe it, some car accidents are not actually accidental. There are con artists out there scamming innocent drivers by staging car accidents. By learning the signs of a staged car accident, you can protect yourself from being liable for a scammer’s damages. Continue reading to learn more about staged car accidents, including the types to look out for and who to call for personalized advice regarding car accident injury claims.

Indiana Car Accident Lawyers
Indiana Car Accident Lawyers 317-636-7497

Staged Car Accidents are Not Real Accidents, But They are Real Threats

A staged car accident is just that; a faked car accident set up to place liability on an innocent target in order to collect compensation for fake injuries and damages through the target’s insurance company. There is always more than one person conducting the scam, either another driver, pedestrian, or person on a motorcycle or bike. As a coordinated team, they intentionally cause a car accident with an oblivious driver, but in a way that makes the accident initially look like the target’s fault.

Once everything is all over, the other members of the team will disguise themselves as either injured victims, good Samaritans, or even witnesses. You can avoid being victimized by a car accident “stager” by knowing what a staged car accident looks like, and by hiring an Indianapolis auto accident attorney as soon as you are involved in a car wreck.

Types of Staged Auto Accidents

There are some common types of staged auto accidents, including the fender bender drive and dash, sudden brake slam, stop and go brake slam, and the false wave.

Fender Bender Dash – Two drivers in separate cars will approach a target. The first driver will pull out abruptly in front of the target and then slow down to almost a stopping point. Then the second driver will pull out in front of the first driver, causing the first driver to slam on the brakes. This sudden stopping causes the target to collide into the back of the first driver, as the second driver drives off. The accident appears like a normal fender bender, with the target being the at-fault party.

Brake Slams – There are two types of brake slamming scams. In both scenarios, the scammer will slam on their brakes directly in front of the target, causing the target to smash into the back of them. This can happen in stop and go traffic, or in regular driving scenarios.

False Waves – Some car accident scammers will give targets the wave, allowing them to pull out in front or make a turn. But then right as the target makes their move, so does the scammer, hitting the vehicle directly. Afterwards, they deny that they ever gave the target driver the wave, making it look like the target driver’s fault.

Fake Witnesses and Good Samaritans

Staged car accident scammers are not always drivers. As mentioned, they often work as a team, disguising themselves as witnesses and even a good Samaritan who “just wants to help.” But beware of fake witness and good guys wanting to help you out at the scene of the accident. Look for the signs. If a person approaches you wanting to help out, even before you have time to call for assistance, be curious.  Car accident scammers will set this up intentionally to give targets referrals for towing companies, auto repair shops, and even doctors and lawyers. If someone approaches you with this intention, avoid them. Other times, they will set up fake witnesses that will lie and say the target driver did something wrong when they in fact did not.

How to Avoid These Scams

To protect yourself from these kinds of scams, be sure you always contact the police to make a report as soon as you are in a car accident. Also, be sure to take plenty of pictures and videos of the surrounding evidence at the scene, including license plates, traffic signs, stop lights, and more. Also, meet with an experienced car accident lawyer to learn how to protect yourself from being held financially liable for your damages, as well as another’s. See our blog, “What to Do After A Car Accident That Was Not Your Fault” to help teach yourself and your loved ones some important tips for the same type of protection.

Were you recently injured in a car accident that was caused by another’s carelessness? Contact Carl Brizzi LAW at 317-636-7497 to learn how you can recover compensation with the help of a skilled Indianapolis IN car accident lawyer.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

What You Need to Know as a Victim of Workplace Sexual Harassment

Sexual harassment is a type of sex discrimination, which is a violation of the 1968 Title VII Civil Rights Act. Although this Act is meant to provide protection, unfortunately, sexual harassment is a type of crime that is common in the workplace. The act of sexually harassing another individual comes in many forms of unwanted sexual advances and/or inappropriate conduct.

If you believe you are a victim of workplace sexual harassment, it is important to learn your rights, including your rights to being compensated for your damages and losses. Talk to an experienced personal injury attorney who can help you make a claim and an order of protection against your aggressor. You may be entitled to compensation for any losses and damages you’ve incurred as a result of the sex discrimination.

In the meantime, continue reading to learn important facts and considerations regarding workplace sexual harassment.

Indianapolis Indiana Sexual Assault Injury Lawyers
Indianapolis Indiana Sexual Assault Injury Lawyers 317-636-7497

Common Examples of Sexual Harassment

Examples of workplace sexual harassment includes uninvited touching or massaging, sexual pestering, sexual jokes or comments, suggestive gestures, obscene or suggestive letters and emails, sending or showing explicit photos, verbal or physical sexual conduct, obsessive staring, stalking, and more. It also includes bribing employees with sexual requests, or making a job conditional based on sexual requests.

Types of Sexual Harassment Claims

There are two primary forms of sexual harassment claims: Quid Pro Quo and Hostile Work Environment. When an employer is bribing an employee with their job, an assignment, a promotion, or other form of employment advance, or making their employment conditional, in exchange for sexual favors or requests, it is Quid Pro Quo sexual harassment. When the workplace is too intimidating of offensive as a result of sex discrimination, it is Hostile Work Environment sexual harassment.

Many victims are unsure whether or not one event of sexual harassment is enough to file a claim. The answer is yes, in most cases. However, it can depend on certain factors. In the event of Quid Pro Quo sexual harassment in which an employee’s occupation is conditional on sexual requests by a superior, one time is generally enough to make a case. This means if an interviewee or employee faces denial of employment or promotion upon refusing sexual requests from a superior, they could have a solid case. If an employee experiences one instance of sexual harassment in the workplace, and the harassment was not severe, it could be more difficult to label it as a hostile work environment unless more circumstances of the harassment occur.

Getting Fired or Reprimanded for Reporting Sexual Harassment

An employee cannot be penalized in any way for reporting or complaining about sexual harassment, including being terminated. The 1968 Title VII Civil Rights Act protects all employees from this type of discrimination. If you are threatened with your job for coming clean about being sexually harassed, contact a personal injury lawyer right away to learn your rights and protect your job.

Hire a Seasoned Attorney for Sexual Harassment Claim Help

If you wish to file a claim for workplace sex discrimination, you will need to hire an experienced Indianapolis IN personal injury attorney. A trusted civil litigator will retain the knowledge, skills, and resources to properly file your claim, investigate your case, and recover the full and fair compensation you deserve after suffering losses and damages as a result of the misconduct. Without a licensed attorney, it would be very challenging representing and protecting yourself.

Do you wish to speak with a personal injury civil litigator to learn your rights? Contact Carl Brizzi LAW at 317-636-7497 for help with sexual abuse and assault claims in Indianapolis, Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you. But please schedule your consultation before time runs out on your claim! We are located in Indianapolis, and we represent injured persons throughout the State of Indiana.

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Carl Brizzi Law Indianapolis Indiana
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Indiana Laws Regarding Asbestos

Homes and structures built during the 20th century might contain a highly hazardous contaminant known as asbestos. If you believe you have been exposed to asbestos, whether as a tenant in a rented home, or an employee of a company making renovations, it is important to seek medical attention right away by a licensed and practicing physician.

Continue reading to learn the states laws and regulations regarding asbestos, including when a victim of asbestos exposure might be entitled to compensation for their damages.

Indiana Asbestos Accident Lawyers
Indiana Asbestos Accident Lawyers 317-636-7497

The Dangers of Asbestos Exposure

Asbestos is a fibrous mineral that was used heavily in 20th century construction. Because asbestos seemed to retain useful qualities for construction, such as high heat-resistance, strength, and insulating properties, it was often used to build homes, buildings, barns, and more during the early 1900’s. However, after several decades, it became apparent that asbestos exposure was linked to certain health hazards. By the 1970’s, both state and federal government were regulating the application, removal, and disposal of asbestos. By 1990, both asbestos and asbestos-containing material (ACM) were officially banned in most states.

Asbestos exposure is dangerous because, upon inhalation, it has been proven to potentially cause a long list of serious health complications and illnesses, including cancers like mesothelioma and lung cancer, as well as a disease known as asbestosis, which is an irreversible scarring of the lungs, similar to emphysema.

Asbestos is most dangerous when it is disturbed in some way, usually by construction, demolition, or renovation. When this happens, it releases hazardous asbestos fibers into the air, which can be unknowingly inhaled by anyone in the vicinity. Undisturbed asbestos is not considered as dangerous, and in states where it is not banned, structures like popcorn ceilings are often made with asbestos-containing material (ACM).

Asbestos Laws in Indiana

Here in Indiana, there are many laws and regulations that have been enacted by both state and federal governments to protect the general public from the hazards of asbestos. For instance, all buildings (excluding residential ones with no more than 4 dwellings) must be inspected for asbestos by a licensed Indiana inspector before any renovations or constructions can ensue. As for residential homeowners, it is required by state and federal law to properly contain and dispose of asbestos in a manner that will not harm the general public or surrounding environment.

Asbestos Injury Claims

If you believe you or someone you love was unknowingly exposed to dangerous levels of asbestos as a result of someone else’s negligence, and are now suffering from serious health complications, it is wise to speak with a seasoned Indiana personal injury lawyer who can help you devise the best course of action for recovering compensation for your medical bills and more.

Your Leading Indiana Asbestos Lawyers

Would you like to learn more about your asbestos injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your premises liability accident claim.We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation, today.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

FAQS About OSHA Violation Claims

Founded by Richard Nixon back in 1971, the Occupational Health and Safety Administration (OSHA) made a benevolent impact on our country then, and today, continues to play an important and active role in protecting the rights of American workers. Those who are negligently injured at work as a result of such violations are entitled to certain benefits, such as compensation for their damages and losses. If you were recently injured at work, you need to educate yourself on your legal rights.

Continue reading to review some frequently asked questions about OSHA violations and workers’ compensation claims.

OSHA Civil Litigators Indianapolis Indiana
OSHA Civil Litigators Indianapolis Indiana 317-636-7497

What is OSHA?

The acronym OSHA stands for Occupational Health and Safety Administration (OSHA). The Occupational Health and Safety Administration (OSHA) primary goal is to ensure that American work environments are safe for both employees and guests. In fact, all American workers, employers, manufacturers and more are legally obligated to adhere to all OSHA rules and regulations. If they fail to do so, they can face serious legal repercussions, including heavy fines, lawsuits, restitution, and more. The reason why penalties are so strict is due to the fact that ignoring such codes and regulations can result in serious or fatal accidents.

What are the Types of OSHA Violations?

There are four primary categories of OSHA violations: Willful, Serious, Repeated, and Other-Than-Serious.

Willful: A violation that occurs when an OSHA obligation is consciously ignored.

Serious: An OSHA violation that can potentially cause a serious or fatal accident.

Repeated: An OSHA violation in the workplace that has been cited before.

Other-Than-Serious: A condition in the workplace that can impact health and safety, but not cause serious accidents or injuries.

Which OSHA Violations are Cited the Most?

One of the most common occurrences as a result of violated OSHA regulations are industrial accidents. Ladders, scaffolding, moving machinery, falls, powered industrial trucks are some of the most frequent causes of serious and fatal construction accidents.

How Can I Get Compensated for an OSHA Violation?

It is common for employers to display OSHA regulation posters throughout the workplace to notify employees of their OSHA obligations and workplace safety rights. These posters will have information regarding workplace safety, OSHA requirements, and instructions for notifying superiors about workplace safety concerns. If you were injured as a result of an OSHA violation, contact an Indianapolis workers’ compensation lawyer as soon as possible to learn your legal rights.

Are you looking for a skilled and experienced OSHA violation litigator in Indiana?  

Contact Carl Brizzi LAW at 317-636-7497 to speak with a licensed Indiana civil lawyer about the personal injuries you’ve suffered as a result of a workplace or OSHA violation accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you!

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Carl Brizzi Law Indianapolis Indiana 317-636-7497

Does Renter’s Insurance Cover Personal Injuries?

As a tenant of an apartment or similar residential rental, your landlord has a duty of care to ensure that all common areas of the complex are safe and free of foreseeable hazards. But accidents and personal injuries do happen, which leads many tenants and their guests asking, “who is liable?” and “will renter’s insurance pay out an injury claim?”

As a renter, it is wise to educate yourself on premise liability, both your role in liability as well as your landlord’s. Continue reading to learn more about what renter’s insurance general covers, and what might or might not be covered in the case of a personal injury claim for yourself, a member of your household, or a visitor.

Indianapolis Indiana Accident Lawyers 317-636-7497
Indianapolis Indiana Accident Lawyers 317-636-7497

Renter’s Insurance Coverage Basics

All renters, whether of a condominium, apartment, townhouse, or single-family home, will be required to have proper renter’s insurance coverage. There are various scopes of renter’s insurance, ranging from minor coverage to maximum coverage; it all depends on what is required by the leaser and what is in the renter’s budget.

Such coverage, in all scopes, does cover a basic number of items, such as clothing, furniture, electronics, and other personal belongings in the case that they are lost, stolen, or otherwise damaged. More extensive insurance might cover a lot more, including liability in the case that a guest is injured in your residence.

Injured Tenants Versus Injured Guests

Renter’s insurance does not cover personal injuries to tenants, nor any members of the tenant’s household. However, depending on the type of policy selected, some renter’s insurance does cover personal injuries suffered by guests of tenants, but only if the tenants are at-fault for the accident that caused the personal injuries.

Landlord Liability

Tenants are protected by premise liability laws that require landlords and proprietors to maintain a safe and hazard-free environment in all common areas for both renters and visitors. This includes parking lots, sidewalks, walkways, trails, lobbies, entrances, hallways, stairs, community rooms, fitness centers, ponds, and swimming pools. So, if a tenant or their guest is injured on the premises due to landlord negligence, such as poorly maintained common areas, it would be the landlord who is legally responsible for the victim’s personal injuries.

In all cases in which the landlord is to blame for a tenant or visitor’s accident and subsequent injuries, they are the party responsible. In such as case, a victim would hire a personal injury law firm to file a premise liability claim and recover compensation for their damages and losses, including hospital bills, medical expenses, lost wages, and more.

If a guest or visitor is injured inside a tenant’s residence, it can be trickier trying to determine fault. There are many cases in which both tenant and landlord are held partially at-fault for indoor accidents to tenants and guests. To avoid liability as a tenant, it is vital to hire an experienced accident lawyer to represent your personal injury claim.

Did you slip and fall or involved in an accident on another’s property, and now you are seriously injured? Contact Carl Brizzi LAW at 317-636-7497 to learn your rights to pursing legal action against the at-fault party through a premises liability claim in Indianapolis, Indiana.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Should I Hire a Lawyer to Write My Injury Demand Letter?

Now that you have suffered serious damages as a result of another’s careless action or inaction, you are faced with the legal matter of bringing an injury claim against them. To start the process, you will need to send a demand letter to the opposing party, or their insurance company, revealing all damages and losses, and beginning the negotiations for a fair settlement amount. But do you write this letter? Or should you hire someone to do it for you? This is a vital question to ask yourself, and the answer is to always seek professional legal assistance for all stages of an accident claim.

Continue below to learn more about demand letters in personal injury cases, as well as who to trust for superior civil litigation fir personal injuries in Indiana.

Hire an Injury Lawyer Before the Accident Claim Process Begins.

Hire a Personal Injury Lawyer Right After Your Accident

As soon as you are capable, it is the right step to hire a personal injury lawyer right after your accident, far before even thinking about writing a demand letter. They have the knowledge and experience to guide your case in the direction of a successful outcome, all while protecting you and your liability along the way. So, when it comes time to send your demand letter, whether an initial one or one for personal injuries, think carefully about who you appoint to get it done.

Although it is legal and perfectly possible to write this letter yourself, it is not recommended, especially of your claim is worth a lot of money. After all, can you imagine a large insurance company taking you seriously when asking for a large sum of money without any legal backbone to enforce it through? For this reason, it is strongly encouraged to retain professional legal counsel for help navigating your personal injury claim, including writing your injury demand letter.

Initial Demand Letters Versus Injury Demand Letters

A demand letter is basically a formal memo that begins the compensation negotiations for the accident. Depending on the circumstances of your accident, you may need to send two demand letters, the first being an initial demand letter for property damages, and then an injury demand letter for your personal injuries once you have finished your immediate medical care. Car accidents are common personal injury cases in which both types of demand letters are sent.

Common Points Included in a Claimant’s Injury Demand Letter:

Employment – Name of employer, place of work, and current earnings, etc.

Physical Injuries – Actual physical damages to body and/or mind.

Medical Records – Official diagnoses, summary of treatment, etc.

Personal Efficacy – Post-accident difficulties, prolonged physical therapy, ability to work, ability to do things around the house, impairment to personal life, etc.

Lost Wages – Time spent off work, lost earnings, lost promotion opportunities, etc.

Pain and Suffering – The extent of which the accident and all post-accident circumstances have caused you to suffer.

Reservation of Rights Letters

Many personal injury claimants confuse demand letters with reservation of rights letters. Fortunately, with a skilled and certified personal injury lawyer working your claim, you will not have to worry about these letters at all. But for your own understanding, the difference between a Reservations of Rights letter and a demand letter is that demand letters are sent by claimants to insurance companies, while reservation of rights letters are sent by the insurance company to the claimant before the negotiations process begins.

Are you looking for an experienced and qualified civil litigator to recover the maximum settlement for your injury claim? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with a seasoned Indianapolis Indiana personal injury lawyer you can trust.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

What is Regulatory Compliance and How Can it Help My Injury Claim?

Regulatory compliance is an organizations adherence to a strict set of laws, rules, guidelines, and specifications that are related to the organizations business. If they fail to meet these terms, they face a wide spectrum of penalties, most often, hefty federal fines and civil lawsuits. Continue reading to learn more about regulatory compliance laws, and what to do if you were involved in an accident that occurred as a result of a business failing to meet such standards.

Indianapolis Indiana Compliance Lawyers
Indianapolis Indiana Compliance Lawyers 317-636-7497

Common Regulatory Compliance Laws in the U.S.

Since the need for regulatory compliance continues to grow, new positions have been created just to oversee this area of business. For instance, many corporations are now appointing Chief and Regulatory Compliance Officers within their organization to ensure all legalities and guidelines are being met. The most common regulatory compliance laws in the United States include the Health Insurance Portability and Accountability Act (HIPAA), Sarbanes-Oxley Act (SOX), Federal Information Security Management Act (FISMA), Payment Card Industry Data Security Standard (PCI DSS), and Dodd-Frank Act).

Health Insurance Portability and Accountability Act (HIPAA)

Enacted in 1996, the Health Insurance Portability and Accountability Act (HIPAA) represents the regulatory compliances for data security and privacy of medical records. With so many cyberattacks, hacking, and identity theft taking place after the internet boom, this is a highly necessary legislation to have for our medical industries, both private and public.

Sarbanes-Oxley Act (SOX)

This act was passed by the United States Congress in 2002 and is currently managed by the U.S. Securities and Exchange Commission (SEC). It was created for the purpose of protecting both shareholders and the general public from accounting errors and money fraud within organizations that heavily use computers. It enhances the accurateness of corporate disclosures too.

Federal Information Security Management Act (FISMA)

This act was signed into law as a portion of the Electronic Government Act of 2002. It outlines the comprehensive structure to protect all governmental information, operations, and assets. Whether the threat is man-made or natural, this legislation has an agenda in place to ensure all government information is protected.

Payment Card Industry Data Security Standard (PCI DSS)

The PCI DSS legislation was enacted in 2004 by the top 4 credit card companies, MasterCard, Discover, Visa, and American Express. It is a set of guidelines and procedures that are meant to augment credit card security. This includes both credit and cash transactions. Also, with the threat of identity theft and other kinds of theft, this act plays a major role in protecting us against crime.

Dodd-Frank Act

Also known as the Dodd-Frank Wall Street Reform and Consumer Protection Act, this legislation is important because it is a federal law that regulates the financial industry in the hands of the government. It was enacted in 2010 to create financial supervisory procedures in order to limit risk by enforcing transparency and liability.

Are you looking for a skilled civil litigator to represent your Indiana accident claim? Contact Carl Brizzi LAW at 317-636-7497 to speak with a seasoned accident lawyer about your personal injuries in Indianapolis, Indiana. We offer free consultations and never collect attorney fees unless we obtain a settlement or verdict for you.

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Carl Brizzi Law Indianapolis Indiana
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Can I Sue For Invasion of Privacy?

Your privacy is an inherent right that does not have to be earned or granted. For this reason, it is not okay for a person’s personal information to be revealed to the public in an offensive or embarrassing way. Because of the ongoing growth of online technology, social media platforms, and media, it is easier than it has ever been before to infringe on a person’s privacy. Aside from the internet and media, conduct can also invade a person’s right to privacy. It is important to understand invasion of privacy laws, including how to affirm your rights if you or a loved one ever becomes a victim to such violation. This especially important since these laws vary greatly from state to state.

Continue reading to learn a brief explanation of the four most common types of invasion of privacy claims, and what you can do if you believe your rights have been violated.

Civil Litigators Indianapolis Indiana
Civil Litigators Indianapolis Indiana 317-636-7497

Four Types of Invasion of Privacy Claims

False Light

A person has the right to not have their personal information revealed to the public in a deceptive or misleading way that portrays them in a “false light.” A false light cause of action is different from defamation because the information is true. For example, a neighborhood newsletter prints an article highlighting an admired local business owner, but places it right next to a large picture of a fugitive child abductor in a way that makes the business owner look like the profiled criminal, and as a result, his business and personal life suffer.

Public Disclosure of Private Facts

A person has the right to confidentiality over the specifics of their private life. A victim may have an invasion of privacy claim under if they reveal a secret about their private life to someone, and then that person discloses the secret to the public. Unfortunately, not all states recognize this type of cause of action, such as New York and Los Angeles. For example, a person reveals their sexuality to their boss, and then their boss publicly reveals it to the rest of the office or company.

Intrusion of Solitude

Intrusion of solitude describes a person’s right to not have their visible or physical privacy infringed or violated. This is most commonly seen in cases of stalkers, bullies, harassers, peeping toms (voyeurs), and intimidators. It is also common when someone snoops through another person’s private documents. For instance, a person learns that their neighbor has been secretly taking unflattering or undressed photographs of you and uploading them to his public website.

Appropriation of Name or Likeness

To have a valid claim for appropriation of name or likeness cause of action, a person must use your name or image as their own, without permission, for the purpose of benefiting in some way, whether commercially or non-commercially. This can include a person’s picture, portrait, voice, signature, or name. For example, a person uses a cancer patient’s picture and name to create a “Go-Fund-Me” page and earn money.

If you are concerned that your privacy has been violated in a manner that has negatively affected your reputation or character, it is important to discuss your questions with an experienced Indianapolis Indiana personal injury lawyer who can help you determine the best course of action for your losses and damages. Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation and learn your eligibility for pursing legal action, today.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

How to Protect Yourself Legally After Being Injured on a Bus

Laws that surround bus accidents fall under common carrier law, as do all other forms of public transportation, including school buses, taxi cabs, subways, trolleys, cables cars, trains, boats, ferries, cruise ships, helicopters, airplanes, and even limousines in some states. If you or someone you love was recently injured in a public bus accident, you’ll need to brush up on Indiana bus accident laws.

Continue reading to learn what you need to know about common carrier liability, including how you can protect yourself and your right to being compensated for your damages and losses, after suffering serious injuries in an Indiana bus accident.

Indiana Public Transportation Accident Lawyers 317-636-7497
Indiana Public Transportation Accident Lawyers 317-636-7497

Common Carrier Regulation

As you might have caught on, a common carrier is considered any business that is licensed or authorized by a regulatory government body to transport people, services, or goods, and offers their services to the general public for a fee. And they can be a public or private entity. Common carrier laws are regulated on local, state, and federal levels, wherein the federal government regulates transportation of people, goods, and services across country borders, and local and state governments regulate interstate travel.

Bus Accidents and Liability

Under common carrier law, bus companies have a responsibility to maintain the safety of their passengers. In fact, common carriers have a higher-than-normal duty of care since they offer their services to the general public and charge a fee for them. They must maintain the highest level of caution possible to ensure their passengers and cargoes are safe at all times while in their care. And if a common carrier, a bus company for instance, fails to maintain this level of care, their failure can be considered negligence, which is the number one element of a personal injury case.

Bus Accident Injury Claims

There are several possibilities of a bus company demonstrating negligence. Driver negligent can include speeding, fatigued driving, intoxicated driving, disobeying traffic signals, drug use, and so forth. Company negligence can include a wide range of circumstances, such as improper or negligent bus maintenance and repair, insufficient handicap equipment, unsafe environments, inadequate training, and more. Failure to prevent or address these issues and those similar can cost a bus company a lawsuit if a passenger is injured as a result. They can be held responsible for a victim’s damages and losses that resulting from the bus accident and subsequent injuries.

Government Regulated Common Carriers

Suing the government for losses resulting from a public transportation accident can be quite complex. It is very challenging to sue a government entity because they are subject to a separate set of laws, limitations, and restrictions. But that does not mean it is impossible to recover compensation after being seriously injured in a bus accident. All you need is a skilled Indiana personal injury lawyer with extensive trial and litigation experience with cases surrounding auto accidents. They have the knowledge, skills, and resources to protect your rights and obtain the fair compensation you deserve.

Were you recently injured in a bus accident in Indianapolis, Indiana? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation and learn your eligibility for pursing legal action, today. We represent clients all throughout the state, and never collect lawyer fees unless we recover a settlement for you.

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Five Things to Keep in Mind After a Motor Vehicle Accident
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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497