Rosemary Conley

Wednesday, 29 July 2020

Utah Estate Probate Forms

When a person dies, their assets are distributed in the probate process. Probate is a general term for the entire process of administration of estates of deceased persons, including those without wills, with court supervision. If a person dies with a will, a petition to probate the will is filed with the probate court in the county where the deceased resided at the time of death, asking for letters testamentary to be issued, giving the executor authority to handle the estate affairs. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent’s assets according to the state’s laws of intestacy. The court will issue letters of administration, also called letters testamentary, to the administrator, giving the authority to handle the affairs of the deceased. An heirship affidavit may also be used to conduct estate affairs when a small estate is involved. In cases where the decedent didn’t own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process.

Duties of an Executor or Personal Representative

The executor’s obligations are generally to:
• Safeguard the property and assets of the estate;
• Inventory (or make a list of) the property;
• Submit accounts or inventories to the court as required (these could be waived);
• Pay the debts and expenses of the deceased (such as funeral and burial expenses, medical expenses, and credit card bills);
• Pay any federal or state death taxes, if any; and
• Distribute the estate to those named in the will or, if no will exists, to your heirs as designated by statute.

How Can Probate Be Avoided?

All property of a decedent may not be subject to the probate process. Some assets, such as insurance policies or cd’s may name a beneficiary or pass automatically to a surviving joint owner outside the probate estate of the will. Assets held in trust, or in an account or policy with an insurer or financial institution with a named beneficiary, typically pass outside the probate process. Such assets go to the named beneficiary outside the probate process. If it is a survivorship account, or transfer on death account, it passes outside the probate process. Property held in trust is distributed according to the terms of the trust. It is possible to write a “pourover” clause in a will, so that property “pours over” into the trust, which is exempted from probate. The involvement of the court to transfer such property is not required. A bank account or motor vehicle title may also specify a death beneficiary and thus be exempt from the probate process.

Claiming Property with a Simple (Small Estate) Affidavit

Utah has a procedure that allows inheritors to skip probate altogether when the value of all the assets left behind is less than a certain amount. All an inheritor has to do is prepare a short document, stating that he or she is entitled to a certain asset. This document, signed under oath, is called an affidavit. When the person or institution holding the property — for example, a bank where the deceased person had an account gets the affidavit and a copy of the death certificate, it releases the asset. The out-of-court affidavit procedure is available in Utah if the value of the entire estate subject to probate, less liens and encumbrances, is $100,000 or less. An affidavit may also be used to transfer up to four boats, motor vehicles, trailers or semi-trailers if value of estate subject to probate, excluding the value of the vehicles, is $100,000 or less. There is a 30-day waiting period.

Simplified Probate Procedures

Utah has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate. You can use the simplified small estate process in Utah if the value of the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, and family allowance, costs of administration, reasonable funeral expenses, and reasonable medical expenses of the last illness. The executor files a sworn statement that says the estate assets are less than the value described above, describes the estate assets, declares the executor has distributed assets to the inheritors, and sent the inheritors and known creditors a closing statement and provided them with a closing statement.

Probate Litigation

• Personal representatives: Estate executors may be sued for allegedly improper notification, obfuscation or misuse of estate funds, failing to properly preserve assets during probate, failing to observe the testator’s wishes or otherwise failing to comply with state probate law.
• Beneficiaries: Beneficiaries may contest the will’s validity, their share of the estate, the estate’s administration or the inclusion of other beneficiaries. Challenging a will can be an all-or-nothing process, however: it is not uncommon or a will to stipulate that beneficiaries who contest and lose their argument forego their right to an inheritance.
• Creditors: As in personal bankruptcies, Fillmore Spencer LLC represents the rights of creditors to claim what is owed them from an estate. A creditor has three months from the executor’s first publication of the Announcement of Appointment and Notice to Creditors to make a claim. If the executor disallows their claim, the creditor may appeal by filing a petition with the probate court.
• Trustee: In the case of revocable trusts and testamentary trusts, where trust assets are subject to probate or estate taxation, trustees may be involved in probate litigation. As with non-probate trustees, Fillmore Spencer LLC handles litigation alleging failure to observe the trust’s mission and the intentions of the trust’s grantor, trust mismanagement and other breaches of fiduciary responsibility.

Avoiding probate and estate taxes

There are several ways property can avoid probate, including:
• Assets owned as joint tenants with rights of survivorship: All property left to a surviving spouse avoids probate and federal estate tax. This includes assets such as a bank account or a home or other real estate that are owned as joint tenants with rights of survivorship.
• Pay-on-death bank accounts or transfer-on-death stock brokerage accounts: The proceeds from these accounts go to the beneficiary you name probate free, as long as that doesn’t conflict with other components of your estate plan.
• Insurance proceeds, including life insurance and accidental death benefits: These proceeds bypass probate but will be subject to estate taxation unless the insurance policy is held by an irrevocable trust.
• Property held by a trustee of a living trust: If the living trust is revocable, its assets may bypass probate and go directly to beneficiaries, but those assets will be subject to estate taxation. If the living trust is irrevocable, then the assets are not part of the estate and may bypass not only probate but also estate taxation.
• Property held by a charitable, special-needs or other irrevocable trust: As with the irrevocable living trust, property that belongs to an irrevocable charitable or special-needs trust is free from probate and estate taxation.

• Death benefits of annuities, pension plans and retirement accounts: Money inherited from company pensions and 401(k)s, and even individual retirement accounts (IRAs), is not subject to probate, but is subject to estate tax consideration. Because the IRA has been funded with pre-tax dollars, IRA beneficiaries are also liable for income taxes due when the funds are withdrawn.

What are some of the most common forms used for Probate?

The most popular forms or packages for probate are the state specific probate packages, Disclaimer of Right to Inherit or Inheritance – All Property from Estate or Trust, Affidavit of Domicile, Sample Letter for Initiate Probate Proceedings regarding Estate – Renunciation of Executorship, and Sample Letter for Initial Probate Proceedings – Request to Execute Documents.
Some probate legal forms include:

• Affidavit of Subscribing Witnesses for Probate of Will/Codicil to Will
• Affidavit for Probate of Will Witness Not Available
• Affidavit for Probate of Holographic Will/Holographic Codicil
• Application for Probate and Petition for Summary Administration
• Certificate of Probate
• Probate Cover Sheet
• Demand for Notice of Proceedings for Probate of Will or Appointment of Personal Representative
• Application for Informal Probate of Will and Appointment of Personal Representative
• Statement of Informal Probate of Will and Informal Appointment of Personal Representative
• Summons
• Petition for Appointment of Probate Conservator
• Order Appointing Probate Conservator
• Petition and Order for Appointment of Guardian Ad Litem Under the Probate Code
• Letter – Complaint to Probate Will and Appoint Executrix and Issuance of Letters Testamentary
• Letter – Instructions to Execute Complaint to Probate Will
• Letter – Withdrawal of Probated Claim
• Letter – Estate Probate Proceedings
• Letter – Initiate Probate Proceedings for Estate (Complaint to Probate Will)
• Letter – Initiate Probate Proceedings for Estate (Request to Execute Waiver and Consent)
• Letter – Initial Probate Proceedings (Request to Execute Documents)
• Letter – Complaint to Probate Will and Appoint Co-Executrixes and Issuance of Letters Testamentary
• Letter – Complaint to Probate Will and Appoint Executrix and Issuance of Letters Testamentary
• Letter – Notification to Creditor to Probate and Register Claim
• Letter – Initiate Probate Proceedings Regarding Estate (Renunciation of Executorship)
• Letter – Payment of Probated Claim
• Letter – Claim Probated
• Probate of Will Administration with the Will Attached
• Probate of Will with-without Sureties
• Notice of Final Report – Independent Administration Probate
• Notice to Interested Persons of Commencement of Probate Proceeding and Hearing on Appointment of an Administrator
• Notice to Interested Persons of Commencement of Probate Proceeding and Hearing on Allowance of a Foreign Will (Testate)
• Notice to Interested Persons of Commencement of Probate Proceeding and Hearing on Allowance of Will (Testate)
• Petition for Probate of Will and Appointment of Personal Representative
• Power of Attorney – Health Care – Living Wills
• Statutory Form of Advance Health Care Directive
• Petition for Probate of Self Proving Will and Waiver
• Creditors Claim in Probate
• Consent by Personal Rep to Extend Claimants Time to Commence Proceedings on Claim in Probate
• Notice of Allowance or Disallowance of Claim in Probate
• Petition for Family Allowance in Probate & Approval by Personal Representative
• Instrument of Distribution from Probate Estate – Per. Rep.
• Petition for Supervised Administration in Probate
• Objection to Probate of Will
• Order of Probate of Will
• Petition and Order for Appointment of Guardian Ad Litem Under the Probate Code
• Order Appointing Guardian Ad Litem – Probate

What Happens During the Probate Process?

Each state has specific laws in place to determine what’s required to probate an estate. These laws are included in the estate’s “probate codes,” as well as laws for “intestate succession,” when someone dies without a will. In cases where there is no will, probate is still required to pay the decedent’s final bills and distribute their estate. The steps involved are generally very similar, regardless of whether a will exists—even though laws governing probate can vary by state.

Authenticating the Last Will and Testament

Most states have laws in place that require anyone who is in possession of the deceased’s will to file it with the probate court as soon as is reasonably possible. An application or petition to open probate of the estate is usually done at the same time. Sometimes it’s necessary to file the death certificate as well, along with the will and the petition. Completing and submitting the petition doesn’t have to be a daunting challenge. Many state courts provide forms for this. If the decedent left a will, the probate judge will confirm it is valid. This may involve a court hearing, and notice of the hearing must be given to all the beneficiaries listed in the will as well as the heirs—those who would inherit by law if no will existed. The hearing gives all concerned an opportunity to object to the will being admitted for probate—maybe because it’s not drafted properly or because someone is in possession of a more recent will. Someone might also object to the appointment of the executor nominated in the will to handle the estate. To determine if the submitted will is the real deal, the court relies on witnesses. Many wills include so-called “self-proving affidavits” in which the decedent and witnesses sign an affidavit at the same time the will is signed and witnessed. Lacking this, however, one or more of the will’s witnesses might be required to sign a sworn statement or testify in court that they watched the decedent sign the will and that the will in question is indeed the one they saw signed.

Probate Lawyer Free Consultation

When you need legal help with a probate in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

What Is Rule 506B?

Utah Divorce Code 30-3-3

Divorce Information On The Internet

Do You Have Too Much Debt?

Divorce Counsel

Negligent Torts

{
“@context”: “http://schema.org/”,
“@type”: “Product”,
“name”: “ascentlawfirm”,
“description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you.
“,
“brand”: {
“@type”: “Thing”,
“name”: “ascentlawfirm”
},
“aggregateRating”: {
“@type”: “AggregateRating”,
“ratingValue”: “4.9”,
“ratingCount”: “118”
},
“offers”: {
“@type”: “Offer”,
“priceCurrency”: “USD”
}
}

from Michael Anderson https://www.ascentlawfirm.com/utah-estate-probate-forms/

from
https://grum193.wordpress.com/2020/07/29/utah-estate-probate-forms/

Tuesday, 28 July 2020

Negligent Torts

Law students spend a large portion of the first year of law school learning about all sorts of different torts intentional or otherwise. However, in practice, most cases of personal injury are based on negligence. Common law negligence has evolved over the centuries to include four elements.

• Duty – The plaintiff must show that the defendant owed her a duty of care.

• Breach – The defendant must have breached the duty of care owed to the plaintiff.

• Injury – The plaintiff must have been injured (bodily harm or property damage).

• Proximate Cause – Defendant’s breach must have caused plaintiff’s injuries directly.

In reality, proving negligence is usually more complicated than that. That’s why you need a lawyer, but every negligence claim follows that above pattern. In slip and fall cases in Utah, property owners are deemed negligent when they fail to take specific precautions as defined by the courts. Owners of business are not required to guarantee that their guests (the law calls them, “business invitees,”) never slip and fall. The owner is only charged with the duty to use reasonable care to maintain the premises for the reasonable safety the guests. For example, if a shopper slips on a water spill in the produce section, the grocery store is not automatically deemed negligent. In order to prove that the grocery store did not act reasonably the plaintiff will have to prove one of two things. That the slippery floor was either a permanent unsafe condition that the defendant had a responsibility to remedy or a temporary unsafe condition that the defendant had notice of or the opportunity to remedy. A hypothetical situation should make this clearer.

Utah Negligence Laws

Accidents, and the unfortunate injuries that can result from them, are bound to happen. And if you’re injured in an accident that is genuinely someone else’s fault, how do you figure out who is at fault and the amount of restitution you can get from the faulty party? The legal system uses negligence claims as a way of determining fault in injury-causing accidents and how much, if anything, the careless party should pay to the injured party. This is an introduction to negligence laws in Utah. The initial steps for any negligence case are figuring out if one person (or a group of people) owed a duty of care to another and whether the person or group failed in fulfilling that duty. If a breach of this duty of care occurred, the person or group might be financially liable for any injuries that result. Finally, the court must determine if the person or group’s failure was the direct cause of the injuries, the extent of the harm, and the amount of damages. State negligence laws may vary, so the law applying to your case will depend on your jurisdiction and your specific circumstances. For example, under Utah law, your possible recovery in a negligence can diminish based on your own fault, if any, and if you’re more at fault than the other party in an accident, you might not be able to recover any damages at all.

Statute of Limitations

The statute of limitations is the time period under the law in which someone must file a lawsuit seeking damages. In Utah, the statute of limitations for personal injury claims if generally four years. However, this varies depending on the type of civil suit. When levying a lawsuit against a government body, you only have two years to file an injury claim to seek damages.

Torts and Intentional Torts

A tort is any wrongful act which is not a crime and not included within a signed contract. Most causes of action involving civil suits, such as personal injury claims, are torts. Negligence, wrongful death, libel and slander, trespass — there are all different kinds of torts, as well as civil assault and battery. Intentional torts are wrongful acts committed purposefully. Some intentional torts can be crimes, such as assault and battery, for instance. This can lead to both civil and criminal liability in certain cases. This is also true of theft and wrongful death. A tort will form the basis of a lawsuit seeking damages in the aims of making a plaintiff financially whole.

Negligence

Negligence is a tort that is due to carelessness or failure to act with reasonable care involving conduct that result in damage to a person or their property. To prove negligence, a plaintiff has to establish four elements.
• First, that the defendant had a duty or obligation to the plaintiff;
• Second, that the defendant violated or breached that duty;
• Third, that the breach caused harm to the plaintiff; and
• Fourth, that actual damage is real.
Duty, breach, causation, and damages are the cornerstone of almost every personal injury claim. The grocery store has a duty to keep the store free of dangerous conditions. If the store fails to properly clean up a spilled container of ketchup, they have breached this duty to their visitors. A victim could slip and fall, sustaining serious injuries, due to their breach of duty. This would result in financial and possibly even non-economic damages. The grocery store would be negligent.

Burden of Proof

The burden of proof refers to the obligation of the plaintiff to provide evidence of his or her allegations to be credible and valid at least within a reasonable doubt. There are many thresholds of proof that may be applicable regarding the kind of case being pursued. Regarding a personal injury case, the burden of proof is usually that a plaintiff should prove through establishing evidence that the defendant is liable for damages.

Strict Liability

Strict liability is a legal theory that imposes liability for specific acts or injuries resulting in damage, despite evidence of fault. This is usually used in claims involving defective products to hold manufacturers liable for damages sustained from using their products. With strict reliability, the burden of proof is placed upon the defendant, who then has to prove that they are not liable as opposed to the plaintiff having to provide evidence of fault.

Damages

Damages are what a plaintiff is attempting to recoup through a lawsuit. In a personal injury claim, damages are money. There are two categories of damages: economic damages and non-economic damages. Economic damages are able to be calculated, such as medical bills, lost income, replacement services, and the cost of vehicle repair. Non-economic damages are not able to be exactly determined. They include pain and suffering, as well as humiliation. For instance, in a slip and fall accident, your $20,000 hospital costs would be an economic damage. The $10,000 you are seeking due to suffering anxiety and insomnia caused by your injuries would be considered non-economic damages.

Comparative Fault

Let’s imagine that you slipped on a broken jar of mayonnaise at the grocery store, and then a stocker lazily placed a warning cone in front of the hazard instead of cleaning it up immediately. In this case, a judge or jury could say that you were perhaps 40% at fault for the accident because there was a warning in place. The grocery store would be 60% at fault due to failing to clean up the hazard or close off the affected area altogether. Any favorable judgment would be reduced by the amount you are at fault, in this case, 40 percent. If you were to recover $10,000 for your injuries, then the final judgment would be reduced to $6,000. In Utah, if you are seen to be 50 percent or more at fault for the accident, you would not be able to receive any compensation for your sustained damages.

No-Fault

No fault is the most commonly applied legal theory involving car accident personal injury claims. In no-fault states, such as Utah, it is required that all car owners carry a minimum amount of personal injury protection (PIP) insurance. Involving damages sustained in a car accident, the injured party is able to collect from their own insurance provider instead of filing a lawsuit, No-fault laws can be complex and hard to understand, but the general theory is fairly simple: unless injuries reach a set financial threshold, an injured victim is not able to file suit and must recover damages from an insurance provider, no matter who is at fault for the crash and the resulting injuries.

Automobile Collisions in Utah

A majority of car crashes end in death. No matter the reason for the crash, losing a loved one is never easy. Even worse, these crashes are due to preventable accidents, allowing you to partner with a wrongful death lawyer in Utah to regain lost damages.

Can I Still Receive Compensation if the Accident Was Partially My Fault?

The question of contributory and comparative negligence always on depends on where the accident happened. Each state is different. Utah has a modified comparative negligence rule, which means, you can receive compensation even the accident was partially your fault, so long as you are less than 50 percent responsible for the accident. To understand the concept, you will have to back up and understand the theory of contributory and comparative negligence.

• Contributory Negligence – In states with this standard, if you are partially at fault for the accident, even a little bit, you cannot recover any damages at all.

• Comparative Negligence – States like California and New York allow plaintiffs to receive compensation when they were partially or even mostly at fault for the accident. The court will ask a judge or jury to find at what percent the plaintiff is liable for the accident. If the injured is 40 percent liable for the accident, that percentage will be removed from the damage award. If a plaintiff is awarded a settlement of $10,000.00, but the court found that he or she was 40 percent at fault for the accident, he or she would only receive 60 percent of the award – $6,000.00. There is no cut-off. If the Plaintiff was 80 percent at fault he or she would receive $2,000.00.

• Modified Comparative Negligence – Most states, including Utah and Montana, use a system that comes between contributory negligence and pure comparative negligence. There is a limit. In Utah, you cannot recover damages for an accident if you were more responsible for the accident than the defendant. Utah Code Ann. §78B-5-818. If you were 49 percent at fault for the accident, you can recover 49 percent of the damage award. If you are 50 percent at fault, you cannot recover anything.

Utah is a modified comparative negligence state with a 50 percent at-fault bar. That means that if you are at least half at-fault for the accident, you will get nothing. If you are less than have at fault, you can recover a partial damage award offset by the percentage at-fault you were.

Determining fault as a percentage based on real-life events is difficult. If the parties cannot agree on who was at fault, it is up to what lawyers call the “trier of fact,” to determine those numbers. The trier of fact is the person, either judge or jury, who adjudicates the evidence to determine which facts are true. This usually happens at trial. Cases where there is comparative negligence are harder to settle outside of court.

The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. In many cases there will be a contractual relationship (express or implied) between the parties involved, such as that of doctor and patient, employer and employee, bank and customer, and until relatively recently it was necessary for such a contractual relationship to exist in order for a claim for negligence to succeed. But the civil law relating to negligence has evolved and grown to deal with situations that arise between two or more parties even where no contract, written or implied, exists between them It follows that from a practical and financial point of view every enterprise needs to ensure that management planning continually takes full account of the responsibilities imposed and the potential liabilities that may be incurred under what is a continually evolving part of the law.

Negligent Tort Lawyer Free Consultation

When you need legal help with negligent torts in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Dog Bites

Ending A Common Law Marriage

Entitlement And Lawsuits

Mothers And Child Custody

What Is Rule 506(b)?

Utah Divorce Code 30-3-3

from Michael Anderson https://www.ascentlawfirm.com/negligent-torts/

from
https://grum193.wordpress.com/2020/07/29/negligent-torts/

Utah Divorce Code 30-3-3

Utah Divorce Code 30-3-3: Award of Costs, Attorney And Witness Fees — Temporary Alimony.

(1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate Maintenance, or Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, and in any action to establish an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend the action. The order may include provision for costs of the action.

(2) In any action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense. The court, in its discretion, may award no fees or limited fees against a party if the court finds the party is impecunious or enters in the record the reason for not awarding fees.

(3) In any action listed in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of any children in the custody of the other party.

(4) Orders entered under this section prior to entry of the final order or judgment may be amended during the course of the action or in the final order or judgment.

Temporary alimony or spousal support is an order for support that comes during a divorce, legal separation or even an annulment case after one party has filed such a request with the court. A hearing is set after a motion document called a “Request for Order” is filed with the family court. For these financial motions, it is a requirement that each party file an Income and Expense Declaration to show their respective financial status. Temporary spousal support is usually ordered to “preserve the status quo”, meaning to try and maintain some semblance of what the parties had going during the marriage. The court is granted a significant amount of discretion, or authority, to order or deny spousal support. Temporary spousal support is also called pendente lite spousal support, which means an order made during the pendency of a case.

How Is Temporary Spousal Support Calculated?

Utah courts are allowed to determine temporary spousal support by looking at a “guideline” calculator that most family law attorneys have in their office. The court can look at the guideline calculator if they want (and every judge or commissioner does), but they are not required to look at the calculator. They are required to consider the needs of the supported party and the supporting party’s ability to pay. Those are the only two factors that the trial court judge is bound to consider. Some calculators can be found online, but we would caution against relying on those calculators. The factors that are input into the calculator are extremely important and are the subject of many litigation arguments. We can also save you some time: typically the calculator will say that if the supported spouse has little or no income, temporary alimony will be somewhere between 30-35% of the supporting spouse’s gross income. Obviously, great care has to be taken in making sure the court uses the correct figures when determining temporary support.

Can Temporary Spousal Support Be Modified?

Yes. Temporary spousal support is an order that is made during the pendency of a case based on the payer’s ability to pay and the recipient’s need for money. While there are many other factors that the court can consider when making a temporary alimony order, those are the primary concerns for the court. Generally, orders that are made a part of a judgment are only modifiable based on a showing of changed circumstances. Usually those changes have to be substantial. When a temporary order is made and one party seeks to modify the order, technically they do not have to prove that there has been any change of circumstances warranting a change. Practically speaking, however, a party would not want to bring a motion to modify a temporary order without there being some change of circumstances. The family court judge will not be pleased with motion requesting the same information already ruled on.

Can The Court Use The Guideline Spousal Support Calculator To Determine Permanent Alimony?

No. The statutory and case law is clear that the court is not permitted to review or rely upon the “guideline” spousal support calculator in determining permanent spousal support under Family Code 4320. In fact, family court judges are very careful not to allow either party to submit computer spousal support calculations for consideration because the Court of Appeals will reverse the trial court’s judgment. Many times, there is already a computer calculation for spousal support that is calculated during the pendency of the divorce case for temporary spousal support, which is part of the court record and the court is permitted to review the court file and that document for reference. Even so, most, if not all judges look at the “guideline” formula for temporary spousal support to get an idea about what that number is and to gauge the net income of each party and to gather certain tax information. However, the court is explicitly not allowed to rely on the calculator for determining permanent spousal support.

How Is Permanent Spousal Support Calculated?

Permanent spousal support is not really “calculated” since the court is not allowed to use a calculator. The court is required to list and consider each and every factor to determine the amount and duration of spousal support, if any. Generally, these are the standard of living during marriage, employment, income, earning capacity, health of each party, and so forth. In practice, permanent spousal support judgments are typically slightly lower than temporary spousal support orders.

Difference between Temporary and Permanent Spousal Support

• Temporary alimony is ordered during a case, permanent alimony is ordered at the end of a case.
• Temporary spousal support can be ordered during an annulment (i.e. nullity) case, but permanent spousal support cannot be ordered in an annulment case.
• The judge is allowed to use a computer to determine temporary alimony, but is not allowed to use the calculator to determine permanent alimony.
• The only consideration necessary for temporary spousal support is the supported party’s need and the other party’s ability to pay, while there are about a dozen factors that the court must consider when ordering permanent alimony.
• Temporary spousal support is ordered after a party files a motion (i.e. RFO) for temporary support, while permanent alimony is part of a “judgment” that occurs at trial or upon agreement of the parties.
• Permanent alimony may be factored into the IRS’ “recapture” rules, which means that it may not be taxable income to the recipient and deductible to the paying spouse even though that’s what was intended. These IRS rules look at whether certain agreements between parties may have too much cross-over between alimony and property division, to put it very simply. These types of IRS rules really wouldn’t apply to temporary spousal support.
• Temporary spousal support ends until the court revises the order either by making a new order or after permanent spousal support is ordered. Permanent spousal support might not have an end date attached to it.
Process of Obtaining a Temporary Alimony
First, you need to inform the court that you are in need of a temporary alimony order and file the necessary paperwork with the help of a temporary alimony lawyer in the family court. Once the courts reviewed the financial documents, it may hold hearings for the order. Courts have wide discretion is granting or denying the temporary alimony order. It is crucial to document all the financial materials and collect them as evidence for the hearing. The more clearly you can articulate your financial and marital situation the better the judge can decide on your case.

What Factors do Courts Consider in Awarding Temporary Alimony?

A judge may look to several factors in determining the temporary alimony. These include:
• Length of the marriage;
• Age of the parties;
• Couple’s standard of living throughout the marriage;
• Each spouse’s mental and physical condition;
• The financial needs and financial resources;
• Each spouse’s ability to become self-sufficient through obtaining higher education;
• Each spouse’s contribution to marriage, financial and nonfinancial;
• Is the amount too burdensome on the spouse to meet their own financial means; and
• Ability to work while providing for any dependent children.

Additionally, the courts may look to determine if it was a “no fault” divorce and if there was any agreement on the alimony between the couples. However, laws regarding temporary spousal support vary throughout the states. Courts need to consider the financial capabilities of the spouse to set the temporary alimony amount. Most states require that the divorcing couples file and exchange preliminary financial disclosures. Generally these forms provide sufficient information about each spouse’s financial situation. This includes any assets, debts, income and expenses. Temporary alimony orders may include a temporary award of the marital home. Furthermore, it is within the court’s discretion to award temporary alimony even if the spouse is self-sufficient.

How Are Temporary Alimony Orders Enforced by the Courts?

There are many reasons a spouse may have difficulty paying the court ordered amount of alimony. It could be due to medical, employment or the ability to work issues. After determining the reason for the delay in payment, the couples can come to an agreement to modify the alimony agreement to best serve their situations. However, if your spouse does not have a viable reason and is avoiding the payments, you have the option to get the court involved. The court can order a spouse to make orderly payments for the spousal support. The courts have discretion in imposing fines and in ordering another form of punishment for the spouses that are failing to follow court orders. States vary in the remedies provided to each spouse receiving alimony and some of them include:
• Contempt: Failing to pay spousal support voluntarily can lead to more fines and possible jail time;
• Income Withholding: Courts can order the spouse’s employer to withhold the income check or send it directly to the supporting spouse;
• Writ of Execution: Judge can order a portion of the spouse’s assets to be awarded to the supporting spouse; and
• Judgment and Interest: Courts can also issue money order judgments for large amounts of overdue alimony.
Can Temporary Alimony Orders Be Modified?
Courts can modify the temporary alimony orders based on a showing of changed circumstances. These changes need to be substantial and warrant a modification in the order. The most important consideration for temporary alimony orders, is that the courts determine supported party’s need and the other party’s ability to pay.

How Long Does Temporary Alimony Last?

Temporary alimony ends once the case is completed. In other words it terminates once the divorce is finalized. The purpose of the temporary alimony is to ensure the self-sufficiency of the supported spouse and to allow adequate time needed. However, some temporary alimony orders can carry over to the final judgment of the divorce, transforming into the permanent alimony order. Any family going through a divorce is enduring tough times. The spouses are also faced with bills and expenses for rearing their children.

Should I Hire a Lawyer for Help with Temporary Alimony Issues?

Financial burdens can pile up and create complicated situations for the families seeking divorce. For more information and guidance on how to file for a temporary alimony order or to determine your eligibility, it would be useful to seek out a family law attorney to assist with the process. Your attorney can provide you with advice and representation during the legal process.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Real Estate Code 57-1-2

Dog Bites

Depositions In Divorce

Insurance During Divorce

Utah Mortorcycle Attorney

What Is Rule 506B?

from Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-3/

from
https://grum193.wordpress.com/2020/07/28/utah-divorce-code-30-3-3/

Monday, 27 July 2020

What Is Rule 506B?

The original rule was known as Rule 506, but will hereafter be known as Rule 506(b). It is still in effect. In general, under this rule an issuer of securities has a “safe harbor” exemption from registration. That means the issuer doesn’t have to obtain SEC pre-approval of the offering or need a license to sell its own securities, as long as it follows the rules for the exemption. Rule 506(b) allows an issuer of its own securities to raise an unlimited amount of money from an unlimited number of Accredited Investors and up to 35 Sophisticated Investors. However, the issuer cannot make any offers or sales of the securities by any means of general advertising or solicitation. To prove they didn’t solicit investors, issuers must be able to demonstrate a pre-existing relationship with an investor. The relationship must pre-date any offer to sell securities. For issuers relying on Rule 506(b), the investors may self-certify that they are Accredited or Sophisticated. They do that by checking a box on a pre-qualification form provided by the issuer. A Sophisticated Investor is one who, alone or with a purchaser representative, has such knowledge and experience in financial and business matters that he or she can evaluate the merits and risks of the prospective investment.

An Accredited Investor is:
• An individual (or couple) with a net worth of $1 million, excluding their primary residence, or
• An individual whose annual income exceeds $200,000 for the two most recent years (or $300,000 if married) and a reasonable expectation of the same for the current year.

The Problem with Rule 506(b)

Large funds ($10 million to $30 million) use registered investment advisers or the securities broker-dealer community to raise funds for their private offerings, based on their pre-existing relationships with investors. This channel is not available for smaller funds. That is because investment advisers and broker-dealers typically won’t market securities offerings of less than $10 million. So the small issuer must develop direct relationships with prospective investors and sell securities on its own. For these issuers, the pre-existing relationship and non-solicitation provisions or Rule 506(b) have been sources of great confusion. The provisions also have caused misinterpretation and been a significant impediment to their ability to fund their real estate transactions or businesses.

Under Rule 506 b, issuers of securities are exempt from the registration requirements of the Securities Act for unlimited size offerings. However, to qualify under this rule, the securities that are being offered can only be bought by accredited investors and no more than thirty-five unaccredited investors. These unaccredited investors must also meet certain requirements, such being an officer of the company that is offering the securities. In addition, the issuer is not allowed to solicit the securities, and they must reasonably believe that the investors purchasing the securities are accredited or are unaccredited investors who meet sophistication requirements.

Advantages of Rule 506 B

There are a variety of advantages to qualifying under rule 506 b. In particular, this rule allows the inclusion of unaccredited investors in offerings. Securities issuers that use rule 506 c may lose accredited investors because of the need to provide verification. With rule 506 b, no verification is necessary.

Information About Form D

Companies that qualify for rule 506 b are not required to report to the Securities Exchange Commission (SEC) and also will not need to register their securities. However, after their first securities have been sold, these companies are required to file Form D. This form is used to list basic information about the company:
• The addresses of the company’s owners.
• Names of the company’s owners.
• Names of the stock promoters.

What You Should Know Before Investing

It’s important to do your due diligence before investing any of your money in a company that makes offerings under rule 506 b or c. In particular, you should contact the SEC to ask whether the company you are thinking about investing in has filed Form D. You should be wary of investing in a company that has not filed this form, as it may mean that they are not complying with the securities laws laid out by the federal government. It’s also a good idea to contact the securities regulator in your state to see if they can provide you any information about the company, including information about the owners. You should also ask your state’s regulator if they have cleared the offering that you are thinking about purchasing.

Difference between Rule 506 B and 506 C

One of the biggest differences between 506 b and 506 c offerings is how the companies are allowed to sell securities. For example, advertising is strictly prohibited for 506 b offerings. However, if the company has an existing relationship with an investor, they are allowed to approach these investors about the offering. On the other hand, 506 c offerings can be advertised however the company wishes, and no investor relationship is required. Only accredited investors are allowed to purchase 506 c offerings. 506 b offerings can include up to thirty-five unaccredited investors as long as they fulfill certain sophistication requirements. Companies that have more than 2000 investors, or more than 500 unaccredited investors, must report based on the rules of the Exchange Act.

With 506 b offerings, companies will certify that an investor is accredited using a questionnaire. As you might imagine, this can pose a problem, as is there is nothing preventing an unaccredited investor from lying to the company about their certification. 506 c offerings have much stricter accreditation requirements. Companies making these offerings must be very careful to make sure that their investors are accredited. Self-certification is not allowed. There are no limits to the size of offerings for either 506 b or 506 c companies. 506 c rules do not require disclosure. With 506 b offerings, there is no requirement to disclose information as long as all of the investors are accredited. However, if the offering includes unaccredited investors, the company must provide the investors with a large amount of information about the offering. Both types of companies are required to file Form D, and this form must be filed in every state in which the company has an investor. Neither 506b nor 506c companies require intermediaries when making offerings. However, if the companies choose to use an intermediary, this person must be registered as a broker-dealer or possess an exemption.

Rule 506(b) Offerings – Regulation D Offerings

Section 4(a)(2) of the Securities Act of 1933, as amended (the “Securities Act”) exempts from SEC registration, transactions by an issuer not involving a public offering. Rule 506(b) of Regulation D of the Securities Act provides a “safe harbor” under Section 4(a)(2). Rule 506(b) sets forth standards that a company can use to meet the requirements of the Section 4(a)(2) exemption. Under Rule 506(b), an issuer may raise an unlimited amount of money. Additionally, the issuer can sell securities to an unlimited number of accredited investors and up to 35 non-accredited investors if certain disclosures are provided.

General Requirements of Rule 506(b) Offerings

An offering under Rule 506(b) has the following requirements:
• no general solicitation or advertising may be used to sell the securities
• the securities may not be sold to more than 35 non-accredited investors and all non-accredited investors, either alone or with a purchaser representative, must meet the legal standard of having sufficient knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of the prospective investment

Rule 506(b) Offerings to Non-Accredited Investors

If non-accredited investors are purchasing in the Rule 506 (b) offering, the issuer must provide non-accredited investors with disclosure documents that generally contain the same type of information as provided in registered offerings, and provide the financial statement information specified in Rule 506. These financial statements may need to be certified or audited by an accountant. A company using Rule 506(b) for its offering is not required to provide specified disclosure documents to accredited investors, but, if it does provide information to accredited investors, it must also make this information available to the non-accredited investors as well. Additionally, the company’s management should be available to answer questions from prospective purchasers who are non-accredited investors.

Bad Actor Disqualification in Rule 506(b) Offerings

As a result of Rule 506(d) bad actor disqualification, an offering is disqualified from relying on Rule 506(b) of Regulation D if the issuer or any other person covered by Rule 506(d) has a relevant criminal conviction, regulatory or court order or other disqualifying event that occurred on or after September 23, 2013. Under Rule 506(e), for disqualifying events that occurred before September 23, 2013, issuers may still rely on Rule 506, but will have to comply with the disclosure provisions of Rule 506(e) discussed below.

Covered Persons

Understanding the categories of persons that are covered by Rule 506(d) is important because issuers are required to conduct a factual inquiry to determine whether any covered person has had a disqualifying event, and the existence of such an event will either disqualify the offering from reliance on Rule 506 or will have to be disclosed to investors.
“Covered persons” include:
• the issuer, including its predecessors and affiliated issuers
• directors, general partners, and managing members of the issuer
• executive officers of the issuer, and other officers of the issuers that participate in the offering
• 20 percent beneficial owners of the issuer, calculated on the basis of total voting power
• promoters connected to the issuer
• for pooled investment fund issuers, the fund’s investment manager and its principals
• persons compensated for soliciting investors, including their directors, general partners and managing members
Disqualifying Events
Disqualifying events in Rule 506(b) Offerings include:
• Certain criminal convictions
• Certain court injunctions and restraining orders
• Final orders of certain state and federal regulators
• Certain SEC disciplinary orders
• Certain SEC cease-and-desist orders
• SEC stop orders and orders suspending the Regulation A exemption
• Suspension or expulsion from membership in a self-regulatory organization (SRO), such as FINRA, or from association with an SRO member
• U.S. Postal Service false representation orders
Many disqualifying events include a look-back period (for example, a court injunction that was issued within the last five years or a regulatory order that was issued within the last ten years). The look-back period is measured from the date of the disqualifying event—in the example, the issuance of the injunction or regulatory order—and not the date of the underlying conduct that led to the disqualifying event.

Reasonable Care Exception

The rule provides an exception from disqualification when the issuer is able to demonstrate that it did not know and, in the exercise of reasonable care, could not have known that a covered person with a disqualifying event participated in the offering. The steps an issuer should take to exercise reasonable care will vary according to particular facts and circumstances. The instruction to the rule states that an issuer will not be able to establish that it has exercised reasonable care unless it has made, in light of the circumstances, factual inquiry into whether any disqualification exists.

Waivers

The final rule provides for the ability to seek waivers from disqualification by the Commission. There are a number of circumstances that could, depending upon the specific facts, be relevant to the evaluation of a waiver request. Rule 506(d)(2) of Regulation D provides another way for issuers to request a waiver of disqualification. Disqualification will not arise if, before the relevant sale is made in reliance on Rule 506, the court or regulatory authority that entered the relevant order, judgment or decree advises in writing—whether in the relevant judgment, order or decree or separately to the Commission or its staff—that disqualification under Rule 506 should not arise as a consequence of such order, judgment or decree.

Disclosure of Pre-Existing Events

Disqualification will not arise as a result of disqualifying events that occurred before September 23, 2013, the effective date of the rule amendments. Matters that existed before the effective date of the rule and would otherwise be disqualifying are, however, required to be disclosed in writing to investors. Issuers must furnish this written description to purchasers a reasonable time before the Rule 506 sale. Rule 506 is unavailable to an issuer that fails to provide the required disclosure, unless the issuer is able to demonstrate that it did not know and, in the exercise of reasonable care, could not have known that a disqualifying event was required to be disclosed.

Tradability and Re-sales in Rule 506(b) Offerings

A Purchaser in a Rule 506(b) Offering receives “Restricted Securities”. Rule 144(a)(3) identifies what offerings produce restricted securities. After these offerings, investors can only resell their securities into the market by using an effective registration statement under the Securities Act or an exemption from registration for the resale, such as Rule 144. Rule 144 permits the resale of restricted securities if a number of conditions are met, including holding the securities for six months or one year, depending on whether the issuer has been filing reports under the Securities Exchange Act of 1934. Rule 144 may limit the amount of securities that can be sold at one time and may restrict the manner of sale, depending on whether the security holder is an affiliate. An affiliate of a company is a person that, directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the company. Rule 506(b) is only available for offers and sales by an issuer of securities to initial purchasers and is not available to any affiliate of the issuer or to any person for resales of the securities.

Form D Requirements

A company conducting a Rule 506(b) Offering must file a Form D with the SEC within 15 days after the first sale of securities in the offering.

Dos and Don’ts of Conducting a Rule 506(b) Offering

When raising capital, a company must comply with securities laws. As previously discussed, all offerings of securities must either be registered with the SEC or exempt from such registration. Rule 506(b) is the most commonly used securities exemption for private companies. Even after complying with the basics of this exemption, there are many nuanced requirements that, if missed, can jeopardize qualifying under the exemption. Failure to comply with Rule 506(b) can subject an issuer and its officers and directors to various penalties. The SEC and state regulators can institute investigations and administrative and civil actions, enter various orders, and impose significant monetary penalties, and can transmit evidence to the U.S. Attorney General, who can bring criminal proceedings. In addition, violating securities registration requirements entitles the purchasers to rescission rights under federal and state laws. This blog post compiles some of the best practices for conducting a 506(b) offering in a bullet-pointed list for easy reference. Remember that you shouldn’t engage in any securities offerings without retaining a lawyer experienced in such areas, so the below pointers are not meant to be, or take the place of, legal advice.

Free Initial Consultation with Lawyer

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Items In A Contract

SEC Names Deputy Chief Accountant

Divorce For Millennials

Bank Account Beneficiary Rules

Utah Real Estate Code 57-1-2

Dog Bites

from Michael Anderson https://www.ascentlawfirm.com/what-is-rule-506b/

from
https://grum193.wordpress.com/2020/07/28/what-is-rule-506b/

Dog Bites

Title 18-Chapter 1 of Utah State Legislature’s Utah Code says, “every person owning or keeping a dog is liable in damages for injury committed by the dog.” It also says that it is not necessary to prove any dog or owner was guilty of a “mischievous disposition.” If you were attacked by more than one dog, and the dogs are owned by different individuals, then all of the owners of the dogs involved are liable to your injuries and damages.

Why Would I Need a Lawyer for a Dog Bite Case?

While cases can be won without representation, the trend shows that fighting the legal battle with a lawyer will reward you with a much higher settlement. It is proven that plaintiffs without legal representation often misstep in their case by giving a recorded statement, demanding too much or too little, assuming the system makes sense, taking the insurance company’s “final” offer and settle the case without knowing the full extent of their injuries.

Utah Dog Bite Law

Injuries from dog bites can be extremely serious, and cost the victim large sums of money due to medical bills. In addition, dog bites may cause strong emotional trauma to young children. Children who have been bitten by a dog may experience loss of sleep, fear of dogs, and general trepidation. It is important for anyone whose child has suffered from a serious dog bite injury to seek an experienced personal injury attorney.

An attorney is invaluable in sorting through state laws regarding dogs, gathering and evaluating medical information and negotiating with dog owners or insurance companies. Dog bite law differs from state to state. Some state use a “One Bite” rule that is that an owner is not liable if they do not know that their dog might act aggressively. However, once a dog has bitten someone, the owner is on notice and can be held liable for later injuries. Still, other states will not hold an owner liable if the dog was provoked or if the person bitten had no legal right to be where they were at the time they were bitten. However, more and more states apply a strict liability standard. That is the dog owner is liable for the injuries caused whether the owner knew the dog to be potentially dangerous or not. Utah follows the strict liability standard. Utah law places responsibility upon the dog owner for any injuries caused by the pet. That is, a dog owner in Utah need not be aware of the dog’s vicious tendencies before the owner is responsible for the damages caused by the pet. The person who was bitten does not need to prove that the dog was vicious or that the owner knew that the dog was vicious. Every person owning or keeping a dog is liable in damages for injury committed by the dog, and it is not necessary in the action brought therefore to allege or prove that the dog was of a vicious or mischievous disposition or that the owner or keeper of the dog knew that it was vicious or mischievous.

If two or more dogs are acting together and they are owned by different owners’ liability, both owners can be joined as defendants. Liability among the dog owners is to be apportioned among them and judgment is to be entered severally against all of the owners. Severally liable means that if two dogs are deemed to have caused injury and one of them caused most of the damage, say 80% while the other dog caused 20% of the damage, the owner liable for the 20% would only have to pay 20% of the damages, even if the owner with 80% liability could not pay for some reason. This is different than “joint and severally liable.”

Arbitration of Dog Bite Cases

Utah allows the use of binding arbitration to resolve bodily injury claims for dog bites. Arbitration can be a good solution for the resolution of a dog bite case. Arbitrations are less formal and are typically faster and cheaper than taking the matter through trial. In order to eligible for binding arbitration under Utah’s dog law a complaint must be first filed in court and then a notice to submit the case for arbitration must be filed within 14 days and the complaint has been answered. An arbitration award under this statute cannot exceed $50,000 in addition to medical benefits and a claim for property damage. There are other limitations of the recovery under the arbitration statute. For instance, recovery is limited to the amount of monies available from insurance and punitive damages are not available. Discovery is available as provided for under Rule 26 of the Utah Rules of Civil Procedure and the Rules of Evidence , but with caveat that discovery is to be completed within 150 days after the election of arbitration. If either party is not satisfied with the arbitration award, they can seek a trial de novo. However, if the award at trial is not different by 30% from the arbitration award, the party moving for trial de novo will pay the costs of the other party.

Comparative Fault

Even though Utah is a strict liability state, the actions of the victim are taken into account. A dog owner may not be held responsible for the acts of his dog if the victim is to blame. For example, of the dog was provoked by kicking or striking, teasing or tormenting the dog. In a case such a provocation, a comparative fault analysis is available which would apportion blame between the owner and the victim. Petting or playing with a dog is not usually considered provocation, unless the victim was warned not to do so. A comparative fault analysis is typically not available in the case of children being injured by a dog. A child is not expected to know not to provoke a dog, depending on his or her age. If a dog owner is held responsible for a child’s injuries from a dog bite, the owner will be required to pay for treatment of all of the injuries caused by the animal. The owner may also have to pay extra money for physical pain, mental anguish, and apprehension of rabies. In addition, the owner may have to pay punitive damages, which is money required to punish the owner, if he knew about the vicious nature of the dog. If a dog is found to be extremely vicious, a court may require that the dog be put to death.

Time Limits on Utah Dog Bite Cases

Utah, like all states, has its own “statute of limitations” that sets a time limit on the filing of lawsuits in Utah courts. In Utah, a person injured by a dog has four years to bring any case to court. This four-year time limit typically starts running on the date of the injury, but since certain situations can change the running of the statute of limitations, it’s important to understand how the rule applies in your particular case. And remember, if your case is not filed within the four-year time limit, the court will almost certainly refuse to hear it.

Defenses to Dog Injury Lawsuits in Utah

Utah’s dog injury law is comprehensive, so very few defenses are available for those facing a lawsuit under Utah’s dog injury statute. The law does create an exception to liability for trained law enforcement dogs who are “reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the public order.” When a Utah dog bite or other dog-related injury case is based in negligence, however, a dog owner may raise one or more defenses. For instance, the dog’s owner may argue that the injured person was partly or totally responsible for the injuries. This argument, known as “comparative negligence,” may apply if, for instance, the injured person was provoking the dog at the time of the injury. Utah is a “modified” comparative negligence state. If the injured person is found to be less than 50 percent at fault, Utah law requires the court to reduce the injured person’s total damages award by a percentage equal to his or her fault. If the injured person is found to be 50 percent or more at fault, however, he or she is barred from collecting any damages at all from any other at-fault party. If the injured person was trespassing at the time of the injury, a dog owner may also be able to argue that limits on homeowner liability for trespasser injuries apply to the case.

Things You Must Do After a Dog Bites You in Utah

Almost every city in Utah has a law that requires dog owners to put a leash on their dog to prevent injury – and sometimes even death – to others. Because under Utah law, if a dog gets out and bites you, dog owners become “strictly liable.” What this means is that the dog owner will held responsible, except in those cases where the victim may have provoked the dog. Even where the dog may have been as peaceful as could be before the bite, with no history of even nipping at someone, the dog owner will be accountable. The Utah dog bite rules says: “Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefore to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous.” Thus, while some states have a “one free bite rule,” Utah law puts the responsibility on the dog owner for the dog’s very first bite, even if that bite was unexpected. And it doesn’t even have to be a bite. A young child or jogger who is trying to get away from a dog off its leash and injures him or herself, is one of the people who is meant to be protected under this rule. Damages from dog bites can include the cost of medical treatment, shots, plastic surgeries to help reduce scars, visible scars, scar tissue, muscle and ligament damages, lost time from work, future time off work, emotional distress, etc. These claims are usually made against the home owner’s insurance policy of the dog owner.

If the dog owner is a renter, however, they will typically not have this type of coverage.
• Get the contact information for the dog owner or person in charge of the dog, including their name, phone number and address;
• Notify animal control as the dog could have rabies or some other disease and may need to be quarantined to see if they have a disease;
• Get the names and contact information of witnesses who saw the bite happen;
• Find out the type of dog that bit you and the breed;
• Take pictures of your wound after the bite and as you heal to show the healing progression;
• Take pictures of the scene of the dog bite, including where the dog may have escaped from; and
• Save the clothes you were wearing that show bite marks or were bloodied from your dog bite wound.

Who will be held responsible for the dog’s actions?

According to Utah law, the dog owner is nearly always responsible for any injuries the dog causes. The only exception applies to those dogs used by police officers. However, police dogs can only avoid liability under two conditions. First, those dogs must be trained. Second, the injury must happen while helping officers arrest a suspect or maintain public order. Utah law also specifies that the injured person does not need to prove that the dog was vicious or that the owner knew this. While some states do not hold owner’s responsible until the dog’s second bite, Utah starts punishing owners from the very first bite. However, just because a dog bite someone does not mean the owner must automatically pay for the injuries. Utah compares the fault of the owner to the fault of the injured person. A person cannot intentionally provoke a dog and then blame the owner for the injury. Usually, little children will not be held responsible since they do not know any better. Sometimes an injury can come from multiple dogs owned by different people. In this case, Utah law holds all of the owners responsible as joint defendants. If found responsible, the court will require each owner to pay a certain portion of the total damages caused by the attack.

What can I receive compensation for?

If the owner is found responsible, then he or she will need to pay for the injuries and any other damages caused by the bite. Typically, a dog owner’s home or rental insurance will cover these costs. The owner may need to pay for:
• medical expenses,
• surgery for scars or disfigurement,
• lost earnings (current and future), and
• pain and suffering.
When should I seek help?
After a dog bite, you should do several things to ensure that someone will be held responsible for the attack. Further, Utah law only allows an injured person four years to file a claim against the dog’s owner. If the dog injured a child, then this four year time limit does not start until the child reaches the age of 18. However, this statute of limitation can vary based on individual circumstances, so please do not wait to act.

What else should I know about Utah’s laws on Dog bites?

If you are a dog owner, you need to realize your responsibility for your dog. You can also take certain steps to avoid creating aggression in your dog. If a dog attacks another animal, a person can injure or kill that dog without legally getting in trouble.

Dog Bite Injuries to the Face

When a dog wants to bite a human, it will likely call back to its animal instincts and attack a person’s head and neck area. From the Centers for Disease Control and Prevention’s (CDC) latest report in 2012, nearly 900 thousand people were hospitalized for dog bite injuries and half were small children.

Statistics of Facial Dog Bite Injuries

In a study done on facial repair of dog injuries to the head and neck, 45% of the cases were from pit bull attacks, in two cases that had multiple dogs involved, all were pit bulls. Injuries to the lip made up 21.7% of cases followed closely by dog bite injuries to the cheek and nose. Those who needed surgical repair and had to go to the operating room were all children. The cost of dog bite injuries to the face result in staggering hospital costs. On average, homeowner’s claims for dog bites in 2012 paid out nearly $30,000; however, considering some facial surgery costs can go into the millions, it’s easy to see why medical debt causes many to go bankrupt. Not only can the medical costs rise, but psychological pain and suffering from suffering large facial injuries and the resulting scarring can be devastating. Dog bite injuries can be serious, especially if the bites are on the head or neck. Your medical bills will climb if you have to get surgery for the dog bite wound. These mounting medical bills, accompanied by pain and suffering can wear you down and even make you bankrupt! However, you don’t have to go into debt.