What You Need to Know About Car Accident Injuries

 

In 2016, in Utah, 26,738 people were injured in car accidents. 30% of the total number of automobile accidents in 2016 resulted in injuries. Car accidents are the leading cause of injury. So what happens if you’re injured in a car accident caused by another driver?

 

No-Fault State

Utah is one of about a dozen “No-fault” states, which means that you will file a claim through your own insurance company for damages and medical bills. Utah requires drivers to carry PIP (Personal Injury Protection) insurance, which means that your insurance is required to pay medical bills up to a certain threshold. If your medical bills exceed that threshold, your automobile insurance will no longer cover it. If you have health insurance, they will then be expected to pay further medical expenses. If you are not insured, it will fall onto your shoulders to pay for further medical treatment. If your medical expenses exceed your PIP threshold, you should look into hiring a personal injury lawyer.

 

Types of Damages

Generally, you can recover compensatory damages. In certain cases, punitive damages may also be available. Punitive damages are used in order to punish the defendant. Compensatory damages are intended to compensate you for incurred expenses.

Compensatory damages can be:

• Property damage
• Medical Expenses
• Lost wages
• Pain and suffering
• Permanent disability

Keep in mind that the state of Utah only allows suits that exceed the PIP threshold.

 

Pre-litigation Negotiation

Many times, the at-fault driver’s insurance company will offer a settlement, to avoid the case going to trial. It can be difficult to know whether you should accept a settlement or take the case to trial, because a settlement is a guaranteed thing, while the jury decision is not. For guidance on the best thing to do about your personal injury lawsuit, we recommend consulting with one of our attorneys.

According to Merriam-Webster, unlawful detainer is defined as the act of wrongfully remaining in possession of property. This can apply to multiple circumstances, and is a state a landlord must prove when beginning the eviction process. After someone has been determined as being in unlawful detainer, a judge will order them to vacate the premises, and may even authorize law officials to remove the person by force.

Who Can Be in Unlawful Detainer?

Anyone who retains possession of a property without the legal right can be in unlawful detainer. This can happen in a variety of ways, including the following:

• Tenants remaining on the property after the rental agreement has expired
• Failure to pay rent within the period specified in the eviction notice
• An unfixable failure to comply with the rental agreement
• Failure to fix a breach in the rental agreement within the time specified in the eviction notice
• Those with no prior legal right to possession of the property, such as guests who refuse to leave or squatters. These situations have no written or verbal rental agreement

In most cases, the landlord is required to deliver an eviction notice before the tenant can be determined to be in unlawful detainer. As long as the rental agreement is current, and an unfixable breach hasn’t occurred, the landlord must allow the tenant the opportunity to rectify the failure to comply with the rental agreement within a specified period.

There will then be a court proceeding, where the judge will determine if the tenant has a legal right to remain on the premises. Once this has been determined, the tenant may be evicted.

Eviction can be an extremely complicated process to complete, due to the number of steps and laws that must be considered before it can take place. Only after the proper steps have been taken can a tenant be evicted. Because the laws vary from state to state, it is highly recommended that you consult with an experienced attorney in your area. For help with determining the best steps to take during your eviction case, contact us at LeBaron & Jensen today!

Whether you are a tenant or a landlord, there are laws the must be followed regarding the landlord entering the premises. These laws vary from state to state. However, there are some general rules that typically apply, regardless of the location.

During An Emergency

The landlord is allowed to enter the premises in case of an emergency. They are not required to give notice to the tenant. These emergencies can include gas leaks, plumbing breaks, or other potential emergencies.

To Inspect For and Make Necessary Repairs

Tenants have a right to their privacy. Landlords also have a right to take care of their property, which is why landlords are permitted entry for repairs. Repair work typically requires 24 hours of notice to the tenant. They must also provide notice before entering to inspect the property.

To Show Premises

The landlord is allowed to enter the premises to show it to various parties. These situations also require 24 hours of notice. These can include showing the property to insurance companies, mortgage companies, and prospective tenants.

Reasonable Notice

In most cases, landlords are required to provide the tenant with at least 24 hours of notice. The time of entry must take place during reasonable hours. These hours vary from state to state, but are typically during regular business hours.

There are certain situations where a landlord is allowed to enter the premises. These laws are vital to allow the tenant confidence in their privacy, while allowing the landlord to be comfortable with the upkeep of their property. If you think you may have experienced a violation of these laws, whether you are a tenant or landlord, contact us at LeBaron & Jensen today. We strive to provide top-notch legal representation, which will provide you with the easiest legal process possible.