WHAT YOU MUST KNOW ABOUT PERSONAL INJURY LAW IN UTAH

The aftermath of a personal injury after an accident can be life-changing. However, you may regain some control over your future if you are successful in a settlement or trial. After a car accident, slip & fall, workplace accident, dog bite, or other injuries, the financial security you can obtain through a lawsuit may allow your family to move ahead. Learning more about personal injury law in Utah can help you successfully file a personal injury lawsuit.

What to do after an accident in Utah

Obtaining information regarding your case should be your first step if you know the filing deadline. If at all feasible, start this procedure there where the accident happened. Take pictures of the scene and speak with witnesses and passersby. Get the name and insurance information of the other motorist if you were in an auto accident. Call 911 from the scene if required, note the police report number, and get copies of any correspondence with insurance and your medical documents related to the injury. Keep all of your papers in one place.

The statute of limitations

One of the critical aspects of personal injury law is the statute of limitations which differs from one state to another. Before you start, educate yourself about the claims procedure. Utah’s statute of limitations (or deadline) is four years from the accident date. 

You have one year from your accident date to file a claim if you want compensation from a government agency. For the courts to hear your lawsuit, you must adhere to your deadline. In most cases, missing your deadline means you’ll miss your chance to recuperate. However, there can be specific exclusions. Click here to find out.

The negligence law in Utah

In Utah, a personal injury claim must have four components: duty, breach, causation, and damages. See an attorney if you need assistance recognizing these components in your instance. It will be your place to establish that the defendant (the other person) owed you a duty of care at the moment of the accident, violated this obligation by being careless or knowingly reckless, and contributed to your accident. 

Additionally, you’ll need to show that the accident cost you money in the form of physical injuries, medical expenses, lost wages, and suffering. All of these are potential losses that you might be entitled to.

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How much can you recover in a personal injury claim?

Your potential recovery in compensatory and punitive damages ought to exceed the cost of filing the lawsuit. The legal term for compensation is “damages,” and there are several types of damages:

General damages

  • Distress and suffering
  • Mental suffering
  • Loss of companionship or association

Special damages.

  • Loss of income
  • Loss of future wages.
  • Medical expenses
  • Future medical care expenses

Damages for wrongful death

  • Costs of burial and funeral
  • Loss of friendship and association
  • Loss of financial support
  • Surviving family members’ emotional discomfort

The court may occasionally grant punitive damages if the defendant’s negligent conduct is deemed vile or reprehensive for them to learn a lesson.

The takeaway

Personal injury law can be complicated, so engaging a personal injury lawyer is advisable.