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

Why Social Networking is Damaging to Personal Injury Claims

Social media networking is a vastly popular societal and public outlet for people of all ages, all over the world. Networks such as Facebook, Twitter, Instagram, YouTube, Tumblr, WhatsApp, and Snapchat are all common examples of social media portals used by everyone from children to adults. Although highly interactive and incredibly convenient for communicating instantly with friends, coworkers, colleagues, and family, social networking can also jeopardize one’s privacy.

In the case of a personal injury victim pursuing legal action against a negligent party who caused them to be harmed in an accident, social networking is not something that is conducive to a successful personal injury settlement.

Continue reading to learn why personal injury victims should halt all social networking until there accident claim is settled.

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

Social Media Mistakes for Personal Injury Survivors

As a personal injury victim and accident survivor, whether yourself or as a dependent of a wrongfully injured person or wrongful death, it can be very tempting to turn to your social media networks for support and inspiration during a challenging time in your life. However, it is vital to understand that social media can be damaging to the outcome of personal injury lawsuit. In fact, experienced and skilled Indiana personal injury lawyers will immediately advise their clients to stop all social media networking, and even temporarily close their accounts, until the case is completed, and they have received a settlement or Social Security verdict.

Why is Social Networking Bad for Accident Claims?

The answer is interpretive evidence. Anything you post on social media, whether it be a picture or comment, can be used against you by the opposing defense and insurance company to reduce the value of your lawsuit, or dismiss it altogether. For instance, if you are pursuing a personal injury claim for a broken leg injury after being hit by a drunk driver, but then post picture of you standing in front of the fireplace with your grandmother, the opposing defense or insurance company can use this evidence against you by implying that your leg injury is not as severe as you claim it to be since you are standing up on your own, and therefore do not require the compensation or settlement demanded.

You may have just stood up for a second to snap that photo and was able to do so without the aid of crutches or a walker, or even a foot boot; but because defense attorneys and insurance companies are so fervent in reducing the value of personal injury lawsuits, they will twist and turn a simple picture with your grandmother into a ludicrous accusation to be used against you. Keep in mind, it is possible these days for defense attorneys to request password and login information to investigate claimant’s social media accounts. So, if you post it, they likely can find.

How to Protect Your Personal Injury Settlement

As soon as you are injured in an accident that was not your fault, it is important to stay off all social media networking accounts until you have spoken to a lawyer about the possibility of pursuing legal action against the at-fault party. Do not even post that you were injured in an accident at all. Immediately make a police report, seek medical care, and then contact a trusted Indianapolis Indiana personal injury lawyer who can help you get started on your claim.

They have the knowledge and skills to protect you through the entire personal injury claim process and can guide you in the right direction toward a successful case outcome. With the help of a seasoned accident lawyer in your side, you can obtain the full and fair compensation you deserve for all your damages and losses, including hospital bills, medical expenses, pain and suffering, and much more.

Are you ready to get started on your personal injury claim after being injured in an accident that was not your fault? Contact Carl Brizzi LAW at 317-636-7497 and schedule a free case evaluation with a skilled Indianapolis Indiana accident attorney you can trust. Our law firm serves clients all throughout the state of Indiana.

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

How Carl Brizzi LAW Can Help TBI Victims Claim Payments in Indiana

Traumatic brain injuries are very serious medical conditions that can turn a family’s life upside down overnight. It is important for TBI victims and their dependents to learn their legal rights to compensation after suffering the countless damages and losses suffered by traumatic brain injury survivors. If you or your loved one were recently injured in an accident that was not your fault, and as a result experienced a severe brain injury, it is vital to seek legal guidance from an experienced personal injury lawyer.

Continue reading to learn how Carl Brizzi LAW can help TBI victims claim payments in Indiana for hospital bills, medical expenses, pain and suffering, loss of consortium, and all resulting future damages and losses.

TBI Lawyers Indianapolis Indiana
TBI Lawyers Indianapolis Indiana 317-636-7497

Why Choose Carl Brizzi LAW for Your TBI Accident Claim?

As long-standing members of several legal associations, and recipients of many professional accolades, you can trust Carl Brizzi LAW to be successful with your Indiana brain injury claim. We retain the proper professional resources and expertise to protect your rights to recompense for hospital bills, medical expenses, lost wages, disability, pain, suffering, and much more. One of our best assets is our ability to triumph over insurance adjuster tactics, who are notorious for making the claim and recovery process difficult for accident victims.

Our board-certified Indianapolis IN TBI attorneys know exactly how to combat the unethical methodologies of insurance companies and refuse to stand down to corporate powers. Under no circumstances do we accept a small check, like most other personal injury law firms do. Carl Brizzi Law will continue to work around the clock to fight the insurance company and will not stop until we recover the highest settlement or Social Security disability benefits for you and your family’s financial needs.

How to Get Started on Your Traumatic Brain Injury Claim in Indiana

Carl Brizzi entered this industry for the sole purpose of getting justice for innocent accident victims who have been negligently hurt by another. Trust our Indiana civil litigators and legal teams to rightfully claim payments for your damages. Getting started is simple. Just schedule a free case evaluation, which can be held over the phone, via online video conference, or in person at our Indianapolis personal injury law office.

Take back control of your life by recovering the full and fair compensation you deserve after suffering a traumatic brain injury. Carl Brizzi LAW has the acumen, resources, and passion to obtain the maximum settlement or verdict for your case. Best of all, we work on contingency; so, if you do not receive a settlement or verdict, you do not pay us anything at all. Just be sure to get started on your Indiana TBI claim soon, before all evidence is lost and the statute of limitations runs out.

Are you ready to schedule a free initial consultation with an esteemed personal injury lawyer? Contact us at 317-636-7497 to get trusted legal advice and representation from a skilled accident attorney who is well-versed and experienced in cases involving traumatic brain injuries in Indianapolis, Indiana. We also do hospital and home visits for consultations.

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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
Carl Brizzi Law Indianapolis Indiana 317-636-7497

What to Ask Yourself Before Filing a Lawsuit for Mental Trauma

There are various types of mental trauma, all of which can lie on a wide spectrum of severity. If you or a loved one recently experienced mental trauma or stress as a result of another’s action or inaction, you might be compelled to file a lawsuit to collect damages. But before you do, be sure to ask yourself some important questions in order to fully understand and prepare your potential tort case.

Continue reading to learn what you should be asking yourself prior to taking the next step toward filing a claim for mental stress or trauma.

Indianapolis Indiana Personal Injury Lawyers
Indianapolis Indiana Personal Injury Lawyers 317-636-7497

Hire a Lawyer to Collect Damages for Mental Trauma

Being awarded compensation for damages experienced from having suffered some type of mental distress or trauma is not possible without the help of a licensed Indiana personal injury lawyer. In order to recover a settlement or verdict, damages must be proven within the boundaries of law. A personal injury attorney has the knowledge, experience, and resources to professionally assess your claim and determine if you are a good candidate for pursing legal action against a negligent party.

Here are the top 4 questions to ask yourself before calling a lawyer regarding a lawsuit over mental stress or trauma:

When Did Your Accident Occur?

Ask yourself how long ago was the event that subsequently caused your mental distress or trauma. There is a statute of limitations in Indiana that sets time restrictions on how long claimants can bring about a lawsuit against another party. For most types of tort claims, Indiana allows 2 years from the date of the accident or event. If it has been more than two years, you likely do not have a valid claim anymore.

Has Your Stress or Trauma Caused Physical Symptoms?

It is sometimes challenging to provide evidence proving mental stress or trauma. If your distress has manifested itself into physical symptoms, it can be a lot easier proving your damages. Examples might include migraines, headaches, ulcers, digestive issues, night terrors, sleep walking, insomnia, self-harming, and suicide.

Have You Seen a Doctor?

When it comes to any type of personal injury claim, documentation showing medical assessment and treatment is crucial. But when it comes to claims regarding mental trauma or stress, it is even more vital. Ask yourself if you have been seen by a doctor. For such cases, you would want to see both a medical doctor and a therapist or psychiatrist. Both treatment and documentation of all care are critical to proving your claim.

Do You Have a Lawsuit?

With all of the other questions answered, the final and most important question to ask yourself is whether or not you have a valid case. You can choose to meet with a personal injury lawyer to learn your claim’s strength.

Are you ready to learn your eligibility for pursing legal action against the party responsible for your accident? 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

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
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