Is it Illegal to Keep Insurance Claims
If you have filed an insurance claim after an accident, it is important to understand what you are allowed to use the payout funds for. In some cases, a person might choose to use their insurance money on something other than their vehicle. In an effort to avoid committing insurance fraud, continue reading to learn more about your rights after an accident and what you are entitled to do with insurance funds. Insurance Claims Accidents are mentally and physically taxing and not all of them are created equal. Some accidents create major internal and external damage, while others will do little external damage, but major internal damage. Some accidents can make the vehicle unsafe to operate while others only cause cosmetic damage. In this situation, insurance companies will likely pay out money to fix the vehicle. Some people will immediately fix the cosmetics, but others might want to use the money for other vehicle needs or toward other aspects of their lives. Can I Keep the Insurance Money? The legalities surrounding insurance payout sometimes fall in a gray area. Many people wonder, “Is it legal to keep the money that the insurance company gives you and use it for something other than to fix your vehicle?” The answer is yes and no; it all comes down to who owns the title. If you are the full owner of the vehicle and your insurance company does not specifically have a policy stating that the money must be used on the damages, that money is free for you to use at your own discretion. On the other hand, if the car is under a loan with a loan provider or on a lease, the money must be used to fix whatever is broken on the vehicle. Sometimes the insurance company will send the money directly to the autobody shop instead of to you personally. If you decide to hold onto the money when you are not supposed to, this is considered fraud. Can I Keep My Car After a Total Loss? In the case of major accidents, your vehicle might be considered a total loss. This means that the cost to fix your vehicle is more than the worth of the car. Sometimes cars are still functional after a total loss and their owner might want to keep the car and the total loss payout. In this case, the insurance company usually takes possession of the vehicle before they will send out the payment. Denied Car Insurance Claims Even if you have a legitimate insurance claim following an accident, your insurance company may deny your claim. If this happens, it is important to appeal the claim to make sure you receive all the benefits you are entitled to. Flickinger Sutterfield & Boulton is Here for You If you have been in an accident and want to know more about your rights concerning insurance claims, Flickinger Sutterfield & Boulton is here to help. Our team has spent over 25 years assisting Utah citizens after traffic collisions and would love to help you receive the compensation you deserve. We have offices in Saratoga Springs, West Jordan, and Provo, Utah. Reach out to receive your free case evaluation today.
Dram Shop Laws: Restaurant Owners May Be Held Liable for Drunk Driving Accidents
Have you ever wondered what dram shop laws are? Suppose you or a loved one have been the victim of a drinking and driving accident. In that case, compensation may be an option if the driver had been over-served alcohol at a bar, restaurant, or another establishment that serves alcohol. Keep reading to learn more about dram shop lawsuits, the law in Utah, and what can be done. What Are Dram Shop Laws? According to Investopedia, dram shop laws are defined as laws that “hold a business liable for serving or selling alcohol to minors or intoxicated persons who later cause death, injury, or property damage to another person.” Essentially what this means is that under certain circumstances, a bar, restaurant, or any other establishment that sells alcoholic beverages can be held liable if the person they served causes damages after partaking in their intoxicating substances. In most states, only third-party dram shop lawsuits can be filed, which means that the injured person is someone other than the person who was served the alcohol. A select few states allow a first-party dram shop lawsuit to be filed where if the intoxicated person injures themself they can file against the establishment. However, first-person dram shop lawsuits are tough to win and can not be filed in the state of Utah. The Dram Shop Law in Utah Section 32B-15-201 of the Utah Code is the dram shop law in Utah. Essentially the law states that the restaurant or bar owner could be held liable for the actions of the intoxicated customer if they meet one of the following criteria: The patron was under the age of 21 The patron was showing noticeable signs that they were under the influence of intoxicating drugs or alcohol An example of the Utah dram law in action could sound like the following: Mike is already showing signs of being intoxicated (slurred speech, smells of alcohol, etc.) when he walks into a bar on 21st street. Even though the bartender notices these things, he continues to serve Mike drinks. Once Mike decides he wants to go home, he heads to the parking lot where he, unfortunately, gets behind the wheel and causes an accident while driving home. The victim of the accident can seek damages from Mike, but they can also file a dram shop claim against the bar on 21st street for continuing to serve alcoholic beverages even though Mike was apparently intoxicated. How Restaurants Protect Themselves Against Dram Shop Laws If you’re the owner of an establishment that serves alcoholic beverages, it’s essential always to be proactive when serving customers. Here are some things you should practice in your establishment to prevent a future dram shop lawsuit: Provide training for your employees to teach them responsible alcohol service Develop clear policies that will control the number of drinks that can be served to one person Refuse entry to anyone that is visible intoxicated Develop clear policies to check all customers’ identification Invest in an ID card scanning system Monitor tables where alcohol was legally served to an adult and customers under the age of 21 are present Let Flickinger Sutterfield and Boulton Represent You Whether you have questions about dram shop laws or are ready to take action, the law offices of Flickinger Sutterfield and Boulton are here to guide you and give the best legal advice. We’ll represent you and your case whether you’re looking for a settlement or taking your case to court. We believe that if you’ve been injured, you deserve fair compensation, and we’re willing to fight for that. With multiple offices in Northern Utah, from West Jordan down to Provo, our lawyers are ready to hear your case. Share your case with us today to get a free evaluation.
Causes of Accidents: Distracted Driving
Distracted driving is one of the biggest threats United States roads currently face, so it is important to know how to protect yourself. Car accidents claim the lives of thousands of U.S. citizens every year and most of them are the result of distracted driving. The dangers of this deadly choice speak for themselves, so all drivers must educate themselves on how to stay focused while behind the wheel. Types of Distractions There are many different reasons your attention might drift from the road. Common actions like using a navigation system or eating food can sidetrack a driver enough to cause serious damage or injury. According to the National Highway Traffic Safety Administration (NHTSA), 3142 lives were lost in 2019 due to distracted driving alone. This deadly act has been described by the CDC in three categories: Visual – This is anything that takes your eyes off the road. Manual – Distractions that take your hands off the wheel. Cognitive – Distractions that take your mind away from driving. Texting while driving is especially dangerous because it incorporates all three types of distraction. If you take your eyes off the road to read a message, at least one hand also leaves the wheel. In addition, all mental focus is pulled from the road as you read the text and think about how to respond. Who Is at Risk? According to a recent study by the CDC, young adults and teens ranked the highest group at risk for distracted driving. 25 percent of these fatalities fell between the ages of 20-29. Drivers between the ages of 15-19 were determined more likely to be distracted than drivers 20 and older. 9 percent of all teens that died in motor vehicle accidents in 2018 were caused by distracted driving. How to Prevent Distracted Driving For drivers, it is crucial to avoid multitasking while operating a vehicle. Before you pull your car into “drive”, make sure the mirrors are adjusted, navigation is set up, and music is picked out. There are also apps involving cell phone blocking technology available for download to further help with this problem. Preventing distracting driving is not solely the responsibility of the driver; passengers need to be aware as well. If you notice that their mind or eyes are elsewhere, do not be afraid to speak up as it may save your life. Passengers can also step in to help drivers with navigation and music selections. As mentioned previously, teenage drivers pose the highest risk for distracted driving. Parents and guardians need to take an active role in educating their children on the risks and ways to prevent driving while preoccupied. Call Flickinger Sutterfield & Boulton Personal Injury Lawyers If you or a loved one has been the victim of reparations resulting from distracted driving, Flickinger Sutterfield & Boulton can help. We have spent over 25 years supporting Utah citizens in gaining fair compensation after car accidents and our lawyers are eager to help you with your case. We have offices in Provo, Orem, Saratoga Springs, and West Jordan, Utah. Give us a call today to get in touch with a car accident lawyer that will be by your side every step of the way.
How Do You Know If You Have a Medical Malpractice Case
Medical malpractice occurs when a doctor or other medical professional harms their patients through a negligent act or omission. Although state rules regarding this type of malpractice claims vary, the broad principles apply to most cases across the country. Continuing reading to learn more about the factors that constitute a case. Overview Medical malpractice encompasses many varying factors and can be tricky to understand. If a medical professional simply makes a mistake, usually this does not meet the requirements for a malpractice lawsuit. Everyone makes mistakes and even doctors are not immune to this. For a malpractice claim to have validity, certain requirements must first be acknowledged. First, negligence on the part of the medical care team needs to be proven. Additionally, that negligence will need to have caused a specific injury for a malpractice claim to be filed. What Is Needed for a Medical Malpractice Claim? There are four requirements that each medical malpractice claim needs in order to move forward: An existing doctor-patient relationship – Documentation needs to show that there was a history of medical treatment between the doctor and the patient and that both parties agreed to work with each other. Negligence on the part of the doctor – The patient needs to prove that the doctor in question was negligent in some form. Negligence caused harm– The doctor’s negligence caused harm to the patient. The injury caused specific damages – The doctor’s negligence resulted in an injury that led to specific damages. Physical and mental pain, loss of work, and superfluous medical bills are examples that might be included in a malpractice claim. Common Types of Medical Malpractice Trying to determine grounds for a medical malpractice claim can be murky, but understanding the ways that doctors might be negligent can help. The following are some of the most common types of malpractice: Failure to diagnose – If another competent doctor would have diagnosed a different ailment or produced a speedier diagnosis, you may be entitled to file a claim. Improper treatment – If a doctor fails to provide proper treatment for an ailment, you may be eligible for a claim. Additionally, if a medical professional fails to complete a treatment correctly, this can also be grounds for a claim. Failure to warn – Doctors carry an obligation to warn their patients of the risks that might accompany each treatment so that the patient can make an educated decision about their health. If a doctor fails to provide all of the known risks of treatment, you have the right to file a malpractice claim. Flickinger Sutterfield & Boulton Can Help You with Your Medical Malpractice Case Surviving medical malpractice can be traumatizing, but the experienced personal injury attorneys at Flickinger Sutterfield & Boulton are here to help. We work hard to pursue personal injury cases that help our clients receive the compensation they deserve. Our offices are located in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Schedule your free case evaluation today.
When Is a Nursing Home Liable for Abuse?
Each year, approximately 4 million elderly people are victimized by abuse, and many of these cases happen within the walls of their nursing home. It can sometimes be difficult to determine who is legally responsible in cases of elder abuse. Continue reading to learn more about when a nursing home can be held liable and how to help your loved one heal. Nursing Home Obligations Nursing homes must provide their patients with basic necessities such as housing, medical care, a healthy diet, and hygienic aid. If these needs are not met, the care center can be held liable. Here are some examples of acts that might be viewed as abuse: Neglecting to offer food and water Lack of sound hiring and employee training practices Acts of deliberate abuse or neglect Unreasonable use of restraints Failure to properly administer medications or meet other medical needs When Can a Nursing Home Be Held Liable? If you believe that your loved one has been abused in their care facility, the following points must be proven to demonstrate liability Duty of care – Most nursing homes provide a contract outlining the care that will be provided within the facility. Breach of duty – This occurs when the nursing home fails to follow the agreed-upon care. Connection – You will need to determine that a breach of duty was the reason for the patient’s injuries. Damages – The patient must specify the mental, physical, and/or fiscal damages that resulted from negligence. Signs of Nursing Home Abuse A variety of signs might accompany abuse. The Nursing Home Abuse Center outlines some of the most common indications to be aware of. Signs of Physical Abuse Unexplained injuries such as bruises, broken bones, or dislocations Not taking medications correctly Broken glasses Caregivers refusing to allow visitors to be alone with the patient Signs of Emotional Abuse Witnessing controlling, demeaning, or hostile actions from caregivers Showing symptoms mimicking dementia, such as rocking back and forth and sucking their thumbs Sexual Abuse Unexplained STIs Bruising or scars around the genitals or chest Vaginal or anal bleeding Torn or bloody undergarments Neglect Unsafe living environment Bedsores Absence of hygiene Lack of nutrition or unexplained weight loss Healing from Abuse Any type of nursing home abuse can be very difficult to overcome. Recovering from such trauma can be challenging to navigate as you aim to help your loved one heal. Every situation is different and will require a unique recovery plan. The most important thing to remember is that healing takes time; the recovery process is a journey, not a sprint. Unconditional support from loved ones is crucial throughout this trying process. Flickinger Sutterfield & Boulton Can Help As you strive to help your loved one heal from nursing home abuse, Flickinger Sutterfield & Boulton will fight for the care they deserve. We understand how critical it is to hold negligent nursing homes accountable for any degree of abuse or neglect their staff has inflicted upon their residents. Our offices are located in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Schedule your free case evaluation today