Therefore, if you are looking to file a claim against the government, you are going to want to contact one of our knowledgeable and reliable accident lawyers in Utah today. The clock is ticking and you are risking losing out on compensation each day you neglect to get your claim filed.
Want a Free Consultation to Discuss Your Accident and Injuries?
All of the featured Utah accident attorneys on our site have years’ worth of experience in the field of accident law and can sit down and discuss with you the details of your case. Some of the things you want to consider are the following:
- How serious were your injuries?
- Where did the accident occur?
- Are you looking to file a claim through an insurance company or file suit?
- Were you the only person injured in the accident?
These are some of the things an accident lawyer is going to want to know which can help them form a plan of action as to what your rights are as an injury victim and what steps you may need to take to begin receiving compensation for the damages incurred.
You can give us a call today and an agent of ours will pair you up with a local accident attorney in Utah. You also have the option of browsing through the featured lawyers on our site and calling them directly. Once you make contact, you will be scheduled for your free, no-obligation consultation.
Your injuries aren’t something that should be put on hold or disregarded which is why you want to get your claim filed as soon as possible.
Utah accident victims can recover damages with assistance from personal injury attorneys.
Utah accident attorneys fight for accident victims’ rights to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages.” Personal injury attorneys understand insurance companies desires to close out claims quickly as adjusters approach victims with low settlement offers, so it is important to contact legal counsel shortly after an accident.
Various accident-related field experts will assist legal counsel in case strengthening by:
- sending investigators to the accident scene,
- reviewing police reports, witness testimony and medical reports,
- hiring appropriate financial experts to make valuations of loss,
- assessing initial cause of the accident, and
- drafting and filing complicated insurance and legal documents.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward.
Time limitations and government entities.
In Utah, government agencies are protected by the concept of “governmental immunity” protections that shields most government agencies and their employees from lawsuits if they cause harm to an individual. Governmental immunity even applies if the government entity, or employee was at fault for the incident. Cases against governmental agencies must be filed within one year from the date of the accident and there are caps to damage recovery.
Damages.
Compensatory damages are a monetary award in compensation for actual economic losses, injury, and property damage, not including punitive damages. Utah accident lawyers can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation. Economic losses include lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic loss includes pain and suffering, loss of consortium, or companionship.
Exemplary (punitive) damages are meant to punish the individual who caused harm, or injury and loss to the victim, and are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, such as driving while impaired. When punitive damages are awarded, the first $50,000 goes to the injured party, and any amount awarded in excess of that amount is split evenly between the injured party and the state.
Damage capitations.
Utah law has no damage caps on personal injury actions, only claims for medical malpractice have a cap of $450,000 for non-economic damages on cases filed after May 15, 2010. Previously filed cases set different damage limits for cases occurring before May 15, 2010. This cap does not include economic damages or punitive damages.
Motor vehicle.
Utah is a “no fault state” which means that the individuals may file claims with their own insurance company to cover certain costs related to an accident. Utah requires at least $3,000 in no-fault (known as “personal injury protection” or “PIP”) coverage. In order to pursue a liability claim after a car accident in Utah, the injured driver or passenger must first have incurred at least $3,000 in medical bills as a result of the accident, or they must have suffered certain serious injuries including permanent disability, impairment, disfigurement, or dismemberment. Accident attorneys can help with fault disputes above PIP insurance requirements.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. When personal injury is caused by another’s actions in Utah, the statute of limitations gives an individual four years to file a lawsuit from the date the injury occurred, was discovered, or should have been discovered through reasonable care. A personal injury attorney can apprise individuals of any deviations from that timeline and advise accident victims on plausible damage recovery.
Premises liability.
When an individual is hurt on another person’s property, the victim may take legal action if the injury was caused by poor property conditions, including improper maintenance, upkeep, or unforeseen interactions with occupants on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases when a proper claim is filed.
Medical malpractice.
Utah medical malpractice actions occur when a person is injured while under the care of a licensed health care professional. Legal action must be filed within the two year statute for malpractice injury, and one year from knowledge that a foreign object has been left inside a body. A Ninety day notice must be sent to health care professionals regarding intent to sue before formal legal action is initiated. Non-economic damages are capped at $450,000 for medical malpractice claims after May of 2010. Check with a medical malpractice attorney to ascertain if there are deviations from that timeline, and variations in damage caps depending upon when a lawsuit was filed.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the Utah Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In Utah, family members, or legal representatives must file a wrongful death legal action within two years from the date of the incident that caused an untimely death. A Utah wrongful death attorney can assist with damage valuations and timelines relevant to each individual case. Compensation may cover:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages relevant to life expectancy compensation,
- Compensation for pain and suffering,
- Punitive damages based on the individual case.
Accident victims should take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, and work toward damage recovery.
