Personal injury and auto accident claim FAQs
Are There Punitive Damages In A Personal Injury Case In Utah?
Punitive damages are available when a person does something that deserves punishment. These include cases that involve things like drunk driving and texting while driving. It is a difficult legal standard, but worth pursuing in cases that involve unacceptable behavior.
Why Does Selecting A "Trial Firm" Matter?
The biggest threat to any insurance company is that a lawyer will actually take them to trial. Insurance companies are well aware of which lawyers take cases to trial and which lawyers only settle cases. That makes a difference because often insurance companies will pay more to avoid the costs and risks of a jury verdict.
How do you put a number on pain and suffering?
Valuing personal injury cases can be difficult. We ask the important questions and present the best evidence to the jury to give our clients the best chance at receiving fair compensation. When it comes time for settlement negotiations, we have seen and tried enough cases to know what is fair and whether you are getting a good deal.
How can you find out how much your personal injury claim is worth?
There is no magic formula for determining the value of a personal injury case. However, there are several important factors you can look at, including amount of medical expenses, type of injuries, lost wages, lost earning capacity, duration of injuries, and future medical treatment.
What is a Third party lawsuit?
A third-party lawsuit is a lawsuit brought against the business or person who caused your injuries. The term “third-party” refers to the fact that someone else’s insurance will be liable to pay for your damages.
What role does social media play in a personal injury case?
Social media plays a role in every facet of modern life. Insurance companies and defense attorneys frequently look at social media posts in the hope of finding evidence that will prove a person is less-injured than they are claiming. If you have a personal injury case, you should be very aware that anything you post may be used as evidence against you.
Why are some cases awarded so much money?
Obtaining money through a lawsuit is difficult and emotionally taxing. People who say that you get too much money in lawsuits probably have little or no experience with a personal injury case. People who obtain big verdicts generally have very significant and long-lasting injuries. Often, they are not able to return to work or they have been very significantly disfigured as a result of their accident.
Why should you file a lawsuit sooner rather than later?
There are two reasons people sometimes choose to file suit early on. The first is that insurance companies are greedy and they want to give you as little money as possible. Filing suit early on makes it harder for them to argue with the facts of your case. The second reason is that lawsuits take a long time. We find it is important to advise our clients of the likely course of their case as early as we can so they do not waste time.
Why shouldn't you just work with the insurance company?
The insurance claims adjuster has one job, and that is to pay you as little as possible for your claim. There are some claims adjusters who are honest and attempt to pay claims on the low side of fair, but others will offer what is called a “nuisance value” in the hope that the claimant will walk away with less money than they might deserve.
Do insurance companies hire private detectives to monitor an injured person's activities?
On occasion, insurance companies will hire a private investigator to follow a claimant. Most times, however, insurance companies will base their evaluations on things that are available at lower costs such as medical records, witness statements, and social media posts.
Do you have to file a lawsuit if you hire a lawyer?
No. There are many options available to resolve your claim including negotiation and mediation. Sometimes it is in your best interest to file a lawsuit and your attorney can help you decide if that is the case.
Can you pursue a workers Compensation clam and a lawsuit at the same time as a personal injury case?
Sometimes. For employees, workers compensation is the “exclusive remedy” against their employers. However, if someone other than your employer caused your work injury, you may be able to pursue a claim against them at the same time you pursue your workers compensation claim.
What Role Does An Attorney Serve In Society?
An attorney’s role is to help people resolve disputes that they are otherwise unable to resolve on their own. Attorneys are trained to solve problems in ways that are effective and fair.
How much does it cost to see an attorney?
An initial consultation with our personal injury and workers compensation attorney is completely free. In cases where the client is not able to come to our office, we will travel to wherever they are.
What are non-economic damages?
Non-economic damages are sometimes referred to as “general damages” or “pain and suffering damages.” They encompass a broad range of things that cannot be determined by a mathematical process. These are the intangible aspects of your case that often give it great value in the hands of a skilled trial lawyer.
Why should you hire an attorney experienced with insurance companies?
The ability to collect from an insurance company is one of the most important things a lawyer can offer you. There are many types of insurance, and sometimes there are overlaps in coverage that need to be addressed. Attorneys who do not have experience with knowing what is important to look for in insurance law are not able to help their clients maximize recovery.
How do you determine the value of an injury?
Deciding the value of an injury is largely a function of experience. We have seen enough cases to know how specific injuries, medical expenses, and permanent impairments will be used to decide a case value. It is also important to know that the single biggest factor that drives personal injury values, is how well a jury likes the person making the claim.
What should you know before I hire an attorney?
The first thing you should know is what kind of law that attorney practices. A personal injury attorney will get you much better results than an attorney who practices in a different area like criminal law or family law.
What are some common mistakes people make after an injury?
One mistake people often make is they do not seek the right kind of medical care for their injury. Any delay in seeking the right care will be used by the insurance company against you. Another thing people do is they post things on social media that minimize their accident or their injury.
How much is your personal injury case worth?
The answer to this question is “it depends.” It depends on your injuries, your treatment, and the effect that it has on your life. We can often provide a range or an estimate, but case values are highly dependent on the evidence and they frequently change (for good and bad) depending on what we learn as we sort through the evidence.
If I am partially responsible for an accident, am I still entitled to recover?
Utah follows a comparative fault rule that allows people to recover damages caused by someone else, as long as the other person’s proportionate share of the fault exceeds the fault of the injured person. That means if you are 50% or more at fault, you will not be allowed to recover money from insurance.
How can you afford to retain a personal injury lawyer?
We take personal injuries on a contingency fee basis, which means we collect our fees only after we get money for you.
Does the insurance company take my life situation into account?
Your life situation is an important part of your personal injury claim. The way in which your injuries affect your activities of daily living is one of several factors we pursue. Many of our clients have been injured to the point where they are not able to go back to work, or they are forced to take jobs that pay them less. These are important considerations for the insurance company.
What should I bring to a consultation with my lawyer?
We ask that you come prepared to discuss your case in detail. We will ask you to provide any information the police gave you, any photographs you have that depict the accident or your injuries, and a list of your medical care providers and witnesses.
Can I tell how much my personal injury case is worth?
There is no great formula for telling you how much your personal injury case is worth. The value of your case will depend on a large number of factors and no two cases are the same. Anyone who tells you there is a formula for determining case values does not know what they are talking about.