Category: Blog posts

The legal concept of ‘premises liability’ often comes when someone gets hurt or injured on another person’s property. In simple words, this law holds a property owner or occupier liable for any unfortunate accident due to not maintaining a reasonably safe condition in Los Angeles. It is the duty of the property owners to keep their place safe. But how does this premises liability work, and what does it cover? Let’s break the process down and answer some common questions regarding premises liability

 1. What is a premise case?

A premise case frequently occurs when someone is hurt on someone else’s property as a result of the area’s safety conditions not being maintained. The California law says that if something like this happens in a home, business, or even a public place, the liability goes to the owner of the respective premises. Examples of these premise cases can range from sleeping on a wet floor and falling due to broken stairs to being injured if the lighting is inadequate or the security is poor.

 2. Does general liability cover premises liability

In short, yes, in Los Angeles most situations, if you have general liability insurance, the chances are likely that it will cover the premises liability claims as well. Businesses and property owners typically get this insurance policy to safeguard their expenses against lawsuits from injuries occurring on their property under premises cases.

These general liability insurance policies typically cover the following expenses under premise cases:

• Cost of medical for the injured party
• Cost of legal defense in court
• Settlements or judgment if the property owner is found liable.

 3. Is premises liability a type of negligence

Premises liability is, of course, a type of negligence law, and the reason behind it is that it is a duty of a property owner to take care of people entering their property. If they breach that duty by failing to provide safer conditions, and if someone gets injured due to their maintenance failure in Los Angeles, it is considered negligence.

For example, if a store owner repeatedly ignores the complaints of a broken floor and a customer falls or any injury stems from it, it is pure negligence, and the court holds them liable under both premises liability and negligence laws.

 4. What is a premises liability claim in Los Angeles

A premises liability claim can be defined as a legal action taken by someone who is injured on any unsafe property and wants justice with fair compensation. These premises liability claims typically include:

• Slip and fall accidents
• Dog bites on private property
• Injuries from falling objects on a property
• Accidents caused by poor security issues

However, to win these claims, it is necessary to prove necessary to prove that a defendant owned or leased the property and that the accident was caused due to their negligence. You also need to show if the accident has actually caused injuries and damages like medical bills, lost wages, and pain or suffering.

Conclusion

Premise liability guarantees that property owners maintain their areas with appropriate upkeep and security measures to keep guests safe. These premises liability cases come under negligence law and are often a part of general liability laws; your general liability insurance can even cover the cost of premises cases. Whether you are a property owner or someone who is injured in such cases, understanding these laws helps you get justice and defend yourself in court.

The worst thing about an accident is that it can happen anywhere and can cause significant damage without you even noticing for even a minute. Be it a gym where you exercise, a grocery store where you buy things, or even someone’s home, accidents can happen anywhere, and when they do, that’s where premises liability coverage comes in.

The key role of premises liability is to determine who is liable to pay for the damage. Therefore, if you own property or any crucial premises in Los Angeles or California, it is best to understand what this premises liability coverage includes and why it matters.

 1. Are premises an asset or a liability?

There are different aspects to understand whether a building or a piece of land will be considered as an asset or a liability. Legally speaking, your premises will always be considered as your asset because they hold value and you own them. However, managing these premises and ensuring their safety and security comes as a liability as well. If you are unable to maintain your home, building, or other type of property and someone is hurt as a result, you are liable for a lot of things, including the injured person’s medical expenses, missed income, and much more.

In short, yes, your premises are an asset, but they come with the liability to manage and maintain them.

2. What are common premise liability claims?

Premise liability claims in Los Angeles can include different claims, though some of the most common claims we often come across are the following:

• Slip and fall accidents: If someone in a private premise slips and gets injured due to wet floors or uneven surfaces.
• Poor maintenance: If the premise owner has failed to maintain the proper maintenance of the building, like broken stairs and handrails, and if it causes harm to visitors, it is considered a part of premise liability claims.
• Inadequate security: If negligent security makes the visitors vulnerable to theft and causes any physical issues
• Pet bites: If your dog or any other pet bites your visitors and causes some major pain or physical damage, it can be included in premises liability claims in Los Angeles.
• Object falling: Falling objects from nowhere and harming someone can be considered as premises liability claims since it should be the responsibility of the owner to ensure that nothing like this happens.

 3. What does personal liability insurance cover?

Personal liability insurance is a broader category than premises liability, as it covers anything about an individual that might cause pain, injury, or property damage to someone else.

So, if someone gets hurt and injured due to your personal negligence or other reasons, it comes under personal liability, which may or may not include premises liability claims in Los Angeles.

 4. What does premise liability cover?

On the other hand, premise liability covers claims for accidents that especially happened within certain premises or boundaries. If you own a place and someone visits your place and slips due to wet floors, it comes under premises liability.

Summary

In conclusion, premise liability in Los Angeles covers everything that happens under your premises, from broken staircases and wet floors to security concerns and ceiling issues. Personal liability claims can be even broader, as they include all the personal negligence concerns as an effective reason for the accident, other than just being an owner of a premise.

Immigration services can be a complex system loaded with paperwork and strict deadlines in the US. Getting a visa and navigating through all these immigration processes can be exhausting; even a small mistake can delay your plans enormously.

This is why hiring an immigration lawyer in Los Angeles is so common; The Shahbaz Firm can make the process easier and help you get through it without any problems. However, people have a lot of questions before hiring an immigration lawyer, such as how much these attorneys charge and what kind of support we can offer. So, let us just unpack a few of these questions here for you to get a broader idea.

 1. Can an immigration lawyer help you get a US visa

Yes, The Shahbaz Firm, an immigration lawyer in Los Angeles, can help you secure a visa for your trip by making things easier and simpler for you. Although they cannot simply approve and guarantee your visa approval, their primary responsibilities include determining your eligibility, compiling and preparing documentation, and speaking on your behalf to relevant agencies such as USCIS (US Citizenship and Immigration Services).

In essence, when you choose an immigration lawyer, they don’t actually give you a guaranteed visa or promise work done but make the immigration process easier by minimizing errors and strengthening the application through paperwork and legal processes.

 2. Is it worth using an immigration lawyer

The value of hiring an immigration lawyer depends on your individual needs as well as your knowledge of US immigration procedures and laws. For applicants who are not very familiar with the system, immigration lawyers are quite beneficial and helpful. An experienced immigration lawyer is worth using for their process. The immigration law is complicated, and following the process yourself can result in committing mistakes, delays, and even complete denials of the visit. Using a lawyer for this process is worth it if:

• Your immigration case is complex and requires experience to deal with
• You’re applying for uncommon or specialized visas, like work permits or investor visas
• You want peace of mind knowing your form is filled correctly by experts

 3. How much do immigration lawyers charge in Los Angeles

The fee for your immigration lawyers in Los Angeles will depend on multiple factors, like

• The experience of the lawyer
• The complexity of the cases
• The type of Visa or service you require

However, on average, here is the estimated cost of different immigration services

• For consultations regarding your visa and application: $100-$300
• Visa application fee for family and work-based: $1,500-$5,000
• Green card application: $2,000-$6,000
• Deportation defense: $5,000-$15,000 or more

Summary

Summarizing the answer, an immigration lawyer can help you secure a visa and get your immigration service done by minimizing errors and correcting the form. Additionally, The Shahbaz Firm can also help you with document preparation and represent you in different immigration departments for a hassle-free process.

“Lawyer” and “attorney” are two basic legal terms that sound confusing, especially when these words are often used interchangeably. Plus, different types of attorneys also exist. Another thing is, there is a time limit to file a lawsuit in court. Understanding all these basic terms and types of attorneys can help you navigate the situation effectively if it arises. So let us answer your three main questions about the same that we often get asked by all our clients.

 1. What is the difference between a lawyer and an attorney

The main difference between a lawyer and an attorney lies in what kind of work they can manage to do and handle.

Lawyer: A lawyer is someone who has a law degree and has completed law school. They are well-prepared to give you legal advice for your case, conduct research, and work in law-related fields. They might not be licensed to represent you in court, though. Thus, lawyers are limited to working outside the court.

Attorney: The attorney on the other side is a professional who has passed bar exams and has acquired a license to practice law. It enables them to represent complex cases in courts and provide legal support by fighting for their clients’ needs.

So, The Shahbaz Firm concluding the differences, all attorneys are lawyers in Los Angeles, but not all lawyers can be attorneys, as it requires a special license to practice apart from a law degree.

 2. What are the two types of attorneys?

Though attorneys can be categorized into different types based on their specialization, they all fall into two broad categories.

• Civil attorneys: Those who can handle disputes between individuals, businesses, and organizations that require court intervention. This includes cases like personal injury lawyers, family law attorneys, employment attorneys, etc.
• Criminal attorneys: Criminal attorneys are more specialized in handling criminal cases where someone is accused of breaking laws and peace in society. Criminal attorneys can be divided into two parts furthermore: defense attorneys and prosecutors. Defense attorneys represent the accused to prove that they are not guilty, while prosecutors represent the state.

 3. Can you sue someone after 2 years in California?

Whether or not you can file a suit against someone two years after the actual case depends on the type of case you want to file a suit for and some other factors. For example:

• For personal injury cases, you get a 2-year time period from the actual date of the accident or injury to file a lawsuit against a liable party.
• Property damage cases: Here in the US, in California, if there’s any case regarding property damage, you might get up to 3 years to file a case for your loss.
• Medical malpractice: If found injured due to medical malpractice, you typically have 1 year to sue a liable person, but not more than 3 years.

In Los Angeles, If you try to sue after a certain period of time, like 1 or 2 years, your case might get rejected by the court even if your claims are valid.

Conclusion

In conclusion, due to the nature of their work, lawyers differ from one another. The Shahbaz Firm Lawyers can handle all the law-related work except fighting for their clients in court, while attorneys have all the power of lawyers plus the license to represent a court case as well. There are mainly two types of attorneys: one is civil attorneys handling normal cases, and the other is criminal attorneys, who are more specialized in law-breaking cases and high-profile criminal issues.

Personal injuries can cause not only physical loss but also medical bills, lost wages, and emotional stress, and compensation for your personal injury case will vary depending on the severity of the situation and the level of negligence by the liable party. One of the common questions we often get asked by our clients is, “What is the average compensation I can expect, and what do lawyers charge for their services in Los Angeles?” So, let us unfold these questions that can help you set realistic expectations

 1. How much are most personal injury settlements

As we said earlier, the compensation for your injury will depend on multiple factors; however, most personal injury settlements in California or the US get somewhere between $3,000 and $75,000. If the case proceeds to court, the court or judiciary may consider the following factors when determining settlements:

1. Injury severity: If there are major physical injuries as a result of the liable party’s negligence or wrongdoing, the compensation may be higher than expected, whereas if there are only minor burns or cuts, the court may decide to offer smaller payouts for medical bills.
2. Medical expenses: If the medical costs of the treatment are higher, the settlement payout will also increase in the same ratio to compensate for the fair cost that can manage your financial stress.
3. Lost income: These injuries might leave you with no work for the upcoming days or weeks. To ensure that you don’t lose your income, the court can help you get an equal amount of your lost income through compensation.
4. Pain and suffering: The level of your pain due to the accident or suffering you go through, both physically and emotionally, can also be a crucial factor in deciding the fair settlement value.

 2. What percentage do most personal injury lawyers take?

The majority of personal injury lawyers in Los Angeles, California work on a contingency fee basis, which means they are only paid if they help you secure compensation and win your case through a fair settlement. The amount or fee is not fixed but depends on the compensation amount. Usually, the standard rate in the United States is 33-40% of the total settlement amount.

This range depends on the complexity of the case and the actions that need to be taken. For example, if an injury case is straightforward and settled outside the court, you can expect to pay one-third of the compensation, which is 33%. But if your case is complicated and goes to court, the charges might be up accordingly.

 3. What is the average payout for personal injury?

The amount for personal injury claims in Los Angeles varies, but typically the average personal injury settlement is around $52,000. However, we also need to know that:

About half of the claims get compensation less than $25,000, and large payout often involve severe injuries and major losses as medical bills and lost incomes

Conclusion

In conclusion, personal injury claims can be the perfect way to get financial help if you are suffering the loss from someone else’s negligence. Depending on the severity of the injury and losses you bear, you can get compensation from a few thousand dollars to $75,000. The lawyer fees for their case work will be 33 to 40% of the compensation based on the complexity of the case and efforts it takes.

Tragic instances of wrongful death happen regularly in Los Angeles due to negligent drivers, unsafe workplaces, defective products, and negligent property owners. The families that victims leave behind are left with nothing more than aching hearts and more questions than answers. While a Los Angeles personal injury lawyer cannot bring your loved ones back, these professionals can help you find closure with a wrongful death claims.

Legal Rights for Families Allowed to Make a Wrongful Death Claims

Under California law, certain family members have the right to initiate a wrongful death lawsuit. These include:

Surviving Spouses

If legally married at the time of their partner’s passing, a surviving spouse has the eligibility to file a wrongful death claim.

Putative Spouses

Under certain circumstances, putative spouses can also file a wrongful death claim. A putative spouse is an individual who believes in good faith that their marriage is valid and legal, although it was either void or voidable. For example, if someone unwittingly enters an invalid marriage, they may qualify as a putative spouse. If their partner dies due to someone else’s negligence, they can file a wrongful death claim.

Children

Children, including stepchildren and those of the putative spouse, have the right to file a wrongful death claim for the loss of their parents.

Minors

Certain minors meet the criteria to file a wrongful death lawsuit. To be eligible, they must have resided in the deceased’s household for at least 180 days before their passing and been dependent on the deceased for at least half of their financial support. For instance, if a 12-year-old nephew lived with the deceased for at least 180 days and relied on them for over half of their support, they can file a wrongful death claims under California law.

Grandchildren

In situations where the children of the deceased have already passed away, grandchildren may file a wrongful death claim for their deceased grandparent.

Parents

If the deceased’s parents have passed and the deceased had a legal guardian, the guardian has the right to file a wrongful death claim with help from a Los Angeles personal injury lawyer.

Domestic Partners

As per California law, registered domestic partners can pursue a wrongful death claims.

Resolving Family Disputes: Consolidating Wrongful Death Claims

Family disputes may arise over who holds the authority to file a wrongful death suit. Such conflicts may result in multiple claims being submitted on behalf of the deceased.

Nevertheless, in most cases, courts typically permit only one wrongful death lawsuit for the same individual. When different family members file multiple claims, the court often consolidates all claims into a single lawsuit for streamlined legal proceedings.

Factors in Calculating Settlement Value

Determining the settlement value in wrongful death cases involves considering various factors and ensuring fair compensation for loved ones. These factors include:

• Loss of Love and Companionship: This involves the emotional impact on family members, encompassing love, companionship, and emotional support.
• Lost Income and Lifetime Support: Evaluating the financial loss due to the deceased’s income and support over their expected lifetime.
• Medical Expenses: This includes reimbursement for medical costs incurred after the incident.
• Funeral Expenses: This addresses the financial burden of funeral expenses.
• Value of Household Contributions: Recognizing the worth of the deceased’s contributions to the household.
• Other Pertinent Considerations: Accounting for any additional relevant items impacting the family’s well-being.

These considerations contribute to a comprehensive evaluation, ensuring a just settlement that accounts for the diverse losses experienced by surviving family members.

Contact The Shahbaz Firm for a Consultation about your Wrongful Death Claim

If you find yourself navigating the complexities of a wrongful death case, contact Los Angeles personal injury lawyer Danish Shahbaz at The Shahbaz Firm for a consultation. Get rightful compensation and justice for your lost loved one.