How Long Is the Statute of Limitations for a Shooting at a Restaurant?

Personal Injury Lawyer

A statute of limitations is a law that limits the time for filing a lawsuit. The time in which the suit can be filed is known as the limitations period. After the limitations period ends, an injury victim loses the legal right to recover compensation from the person who was responsible for the injury.

A statute of limitations serves a couple of purposes. Having a deadline for filing suit encourages people not to “sit on their rights.” Nobody should have to spend years wondering whether they are going to be sued by someone they arguably harmed.

Going to court promptly also helps the legal system achieve correct results. The passage of time causes memories to fade and makes evidence more difficult to find. The outcome of a lawsuit becomes less reliable when an injury victim waits a long time to start it.

States establish different limitations periods for different kinds of legal claims. They typically allow longer limitations periods when a claim is based on documents (such as a lawsuit for breach of a written contract). Witnesses might forget what happened in the past, but documents do not suffer from memory loss.

A shooting at a restaurant depends on witnesses who must testify about what happened. For that reason, lawsuits involving shootings usually have a shorter limitations period than some other kinds of lawsuits. A Georgia security negligence lawyer can help victims understand the limitations period that applies to a potential lawsuit against a restaurant where a shooting occurred.

Liability for a Shooting at a Restaurant

Victims of a shooting can sue the person who shot them. Limitations periods based on intentionally violent conduct tend to be relatively short.

When a restaurant owner should have foreseen the risk that a patron might be injured in a violent confrontation, a legal claim can be based on the owner’s failure to take reasonable precautions to protect patrons from harm. Restaurants have a duty to provide security when the circumstances (such as being located in a high crime area) would place reasonable restaurant owners on notice that patrons are at risk of being harmed by violence.

Restaurants also have a duty to make their premises safe for patrons. Owners are negligent when they fail to install adequate lighting if they should realize that criminals might take advantage of poor lighting to rob or sexually assault patrons. When a shooting death occurs under those circumstances, crime victims can bring a lawsuit to hold the restaurant liable.

Statute of Limitations for a Shooting at a Restaurant

Each state establishes its own limitations period for negligence and wrongful death. The statute of limitations for a lawsuit alleging a restaurant’s negligence might be as short as one year or as long as six years. The most common limitations periods for negligence lawsuits are two or three years.

When a crime victim dies in a shooting, the victim’s family or estate can bring a wrongful death lawsuit. The statute of limitations for a wrongful death caused by negligence is typically, but not always, the same as the limitations period for bringing an injury claim based on negligence.

State laws may also establish exceptions to the limitations period. A common exception applies when a minor survives a shooting. Most states allow more time for minors to bring lawsuits. Disabled victims who are mentally incapable of bringing a lawsuit on their own might also have more time to sue.

If the victim’s estate must bring the wrongful death claim, the limitations period might not begin to run until the estate enters probate. Not all states follow that rule. A personal injury lawyer can advise shooting victims and their families about the limitations period that applies to their claim.

Thanks to Butler Tobin for their insight into personal injury claims and statute of limitations for shootings.

Can I file an injury claim against the driver who hit me while I was riding my bicycle?

Personal Injury Lawyer

When a person’s car is hit by another vehicle, it is a straightforward process for the victim to file a claim against the at-fault driver. If they do not hire a car accident lawyer, they may turn over their claim to their insurance company to handle. However, if you’re riding a bicycle and are hit by a car, are you eligible to file a claim? And if so, what is the process and to whom do you submit it? Many bicyclists who are hit by a car, because of the latter’s larger size and weight, sustain catastrophic injuries, if not death. This is why it’s imperative for these victims to enlist the help of a bicycle accident lawyer in order that they can receive the largest possible settlement.

What is a personal injury claim?

A personal injury claim is similar to a damaged property claim but it focuses on the damage done to the individual by another party. The claimant files the demand for compensation directly with the at-fault party, or more commonly, their insurance company. A personal injury claim should include the following:

•         A description and proof of how the accident occurred and who was at fault for causing it.
•         The damage the claimant sustained in the way of injuries. For example:

o   Broken bones

o   Head trauma or brain injury

o   Ruptured internal organs

o   Neck or spinal injury

o   Pain and suffering

o   Depression, anxiety, post-traumatic stress disorder

•         A dollar value assigned to each item of damage. A bicycle accident lawyer will have the experience and knowledge to be able to assess the damage value for physical as well as non-physical injuries such as depression and anxiety.
•         Documentation that proves that the injury was sustained in the accident. This may include the testimony of a medical expert.

Should I hire a bicycle accident lawyer to file my claim?

A bicycle accident lawyer does far more than file the claim. They prepare and document the claim, submit it to the appropriate party, and represent the client during the settlement negotiation. If the client is recovering from serious injuries, completing these necessary steps to the degree that is necessary for a positive outcome may be impossible. For instance, if they are hospitalized or their mobility is restricted, then going back to the accident scene to take photographs is not practical. Having a skilled bicycle accident lawyer taking of everything for them, and making sure that the paperwork and documentation is correct, can be invaluable.

Unless your injury is relatively minor and does not require hospitalization, surgery, and does not affect your ability to earn a living, you may not need to hire a top rated bicycle accident lawyer in Salt Lake City, UT. If you are unsure about whether or not you should enlist the help of a bicycle accident lawyer, contact a law firm for a consultation.

Thanks to Rasmussen & Miner for their insight into personal injury claims and filing a claim for a bike accident injury.

3 Misconceptions That May Affect Your Bankruptcy Decision

Personal Injury Lawyer

Before you file bankruptcy, you may feel a lot of anxiety. You may catch yourself asking if this is the right decision for you. In some cases, the anxiety may come from misconceptions that you have about bankruptcy. Before you file, it’s time to dispel some of the common myths about bankruptcy. This may ease your mind when it comes to moving forward with your case and ridding yourself of debts.

1. You Will Lose Your Property

Too many people avoid bankruptcy in fear that they will lose all of their property. What if you lose your home? When you file bankruptcy, there are exemptions. You will not lose your primary home or all of your belongings. You may have to sell luxury items to sell off your debts, such as luxury brand clothing. You are allowed to keep household goods, clothing, retirement savings and even one car.

2. You Will Go to Court

Some people fear going to court. Court is stressful, but with bankruptcy cases, you most likely will not see a judge. When you file bankruptcy, you may have to go in front of a judge, but often the lawyer will file it for you. After that, you may never have to go to court. There will be a meeting of creditors. This is a quick meeting where creditors may argue or negotiate with you. Odds are, however, that the creditors will not show up.

3. You Will Lose All Credit Opportunities

For a short time, your credit score will be low. It may be difficult for you to obtain credit cards with a fair interest rate. This does not mean that you can’t rebuild your credit. In fact, you may start seeing credit card offers in the mail within the first few weeks after you finish the bankruptcy. Now, this does not mean that you should apply for a credit card right away. However, when you are ready to rebuild your credit, you may want to think about a credit card. Just remember why you filed for bankruptcy to begin with.

Before you file bankruptcy, you may want to talk with a lawyer. While you can technically file bankruptcy on your own, you may not want to. A lawyer will have the professional experience to guide you through the process and to assist you throughout the case. To discuss your bankruptcy options, consult with a debt collection lawyer in Tampa, FL today!

Thanks to The Law Office of Michael A. Ziegler, P.L. for their insight into bankruptcy law and misconceptions.

Rideshare Accidents

Personal Injury Lawyer

Uber and Lyft have become so popular. This is not mean that the same dangers we face when we are driving ourselves no longer occur; they do. Having the ability to access a rideshare service may save us a lot of time and anxiety. This however, does not guarantee your safety, accidents still happen. Much like public transportation such as trains and buses, Uber, taxi and Lyft drivers have a duty to take care of their passengers and prevent harm. Some things cannot be prevented and it is best to understand that you are not exempt from the dangers just because you are a passenger. You still have a responsibility to pay attention to your surroundings and remain as safe as possible although you are not the driver.

As a passenger, it is important to know what steps to take if you are involved in an auto accident while using a rideshare app or service. As always, seek medical attention immediately and contact law-enforcement. Immediately or soon after doing these, contact a personal injury attorney as soon as you can. Being a passenger in an Uber or Lyft and being involved in an auto accident is slightly different from being a passenger in your own vehicle. Who is at fault? Is it the driver of your Uber or Lyft, or is it another party?  No matter which, someone will be seen as liable for any injuries or harm caused to you. Keep as much evidence of the scene of the accident as well as any corresponding documents this way when you speak with a personal injury attorney they will be able to review the details more accurately. There is a chance that both parties could be held responsible although you are only in one car. Uber and Lyft drivers, although they are employees of the rideshare companies they are also independent contractors. Do not assume that if you are involved in an accident with an Uber or Lyft driver that you can pursue a claim against Uber and Lyft. You should, however, inform Uber and Lyft of your crisis so that they can take the necessary steps to ensure their passengers safety and well being going forward. Because there are several different stipulations when involving a ridesharing service and being involved in a motor vehicle accident, it is best to speak to a car accident attorney in Dekalb County, GA as soon as possible so that you can get a better understanding of the law and what your legal options are.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and rideshare accidents.

What Can I Do After a Bicycle Accident Caused by a Pothole or Road Defect?

Personal Injury Lawyer

Potholes and other road damage pose a constant hazard for bicyclists. Hitting a pothole or a large crack in the road while riding at even a moderate speed can send a bicyclist flying over the handlebars.

Bicycle helmets can help riders avoid head injuries, but even the best bicycle helmet cannot prevent a concussion in every fall. Concussions can cause traumatic brain injuries. Other serious injuries that commonly result from bicycle accidents include broken arms and fingers, wrist and knee injuries, facial disfigurement, road rash, neck injuries, and torn muscles.

States generally recognize the right of injury victims to make a claim against the government (or the owner of a private road, parking lot, or driveway) for injuries sustained by potholes and other road defects. Before thinking about injury compensation, however, bicycle accident victims should take care of their health by seeking immediate treatment for their injuries.

Obtaining Treatment After a Bicycle Accident Caused by a Pothole or Road Defect

Every serious injury caused by a bicycle accident should be evaluated by a doctor. Don’t take the risk of “walking it off” and not getting proper medical care. Without treatment, an injury can turn into a permanent disability. Head injuries in particular require a prompt evaluation. Bleeding and swelling of the brain can be deadly, but brain trauma does not always produce immediate symptoms. By the time an accident victim develops a headache, it may be too late to reverse the effects.

Neck and back injuries can cause nagging pain that worsens over time. Prompt treatment improves recovery time. Following a doctor’s recommendations, including attending physical therapy, is essential to a full recovery.

Unfortunately, many bicycle accident victims put other priorities ahead of their health. Accident victims impair their opportunity to obtain full compensation when they delay or stop treatment. When medical records show that an injury victim obtained immediate treatment and followed all the recommendations made by healthcare providers, insurance adjusters are more likely to concede that the injury is real and that it was caused by the bicycle accident.

Preserving Evidence of a Bicycle Accident Caused by a Pothole or Road Defect

Accident claims are proved with evidence. To establish that a bicycle accident was caused by a pothole or a crack in the road, the accident victim needs to prove that the road defect existed. It is important to take photos of the defect before a road crew repairs it. Gathering the names of witnesses who saw the accident occur will also help the victim’s lawyer prove the cause of the accident.

The victim’s lawyer may also need to prove that the government knew or should have known about the defect. Lawyers often rely on neighborhood residents to testify that the hazard existed for a significant time and that government employees have driven on the road and were therefore aware of the problem.

Making a Claim for Injuries After a Bicycle Accident Caused by a Pothole or Road Defect

The government is usually responsible for maintaining public roads, though some governments hire private companies to fulfill that responsibility. Whether the state, a county, a municipality, or a private entity is responsible for road conditions usually depends on who owns the road.

The failure to repair a pothole can be negligent act. Most states have specific laws that govern negligence claims against the government. Those laws typically set deadlines for giving the government notice of the injury victim’s claim. Those deadlines are typically shorter — sometimes much shorter — than the statute of limitations. Victims might lose the ability to make a claim if they do not give proper notice before the deadline expires.

The time limit for giving the notice may depend on whether it must be served upon the state, a county, or a municipality. The required contents of the notice may also vary. Contacting a bicycle accident lawyer, like a bicycle accident lawyer in Brookhaven, GA, immediately after the accident is the best way for injury victims to ensure that their rights are protected.

Thanks to Butler Law Firm for their insight into what to do if you are injured in a bicycle accident because of a pothole or other defect in the road.