What Is Personal Injury Law?
Before we can move on to the specific details about finding the right Salt Lake City lawyer, we must first clearly establish what personal injury law is.
Personal injury is a legal term that describes the area of law where a lawyer helps individuals injured as a result of someone else’s negligence. The injuries may include physical, mental, or emotional injuries. The injuries may also include lost income stemming from missed time from work. When the injuries lead to the death of an individual, however, this becomes a wrongful death case. Such cases are usually filed by the person’s surviving family members.
Common Types of Personal Injury Claims
Some of the common examples of a personal injury case our Salt Lake City lawyers handle include car accidents, bicycle accidents, truck accidents, slips or falls, any injury from defective or unsafe products, burn injuries, and dog bites (to name a few).
Here are some examples of cases we commonly see:
- Car Accidents: One of the most frequent causes of personal injury claims. Car accidents often result from factors like distracted driving, speeding, and impaired driving, leading to injuries ranging from minor to severe.
- Slip and Fall Accidents: Occurring in public places or private properties, slip and fall claims are common and can result from hazards like wet floors, icy walkways, or uneven surfaces.
- Medical Malpractice: Claims against healthcare professionals or facilities for injuries caused by medical negligence, such as surgical errors, misdiagnosis, or improper treatment.
- Workplace Injuries: Injuries occurring in the workplace, especially in industries like construction or manufacturing, can lead to personal injury claims if they result from unsafe working conditions or employer negligence.
- Product Liability: These claims arise when defective or dangerous products cause injury to consumers. This can include anything from household appliances to motor vehicles.
- Dog Bites: Injuries caused by dog attacks can lead to personal injury claims against the dog owner, particularly if the dog was not properly restrained or had a history of aggression.
- Pedestrian and Bicycle Accidents: With the city’s active outdoor culture, accidents involving pedestrians or bicyclists are common and often result from motorist negligence.
- Wrongful Death: A wrongful death claim usually consists of claims filed by the family members of an individual who died due to someone else’s negligent or intentional act.
While the types of injuries that occur in personal injury cases is quite long, the underlying principle remains the same – personal injury law refers to obtaining a monetary recovery for injuries that are caused by someone’s negligence.
The Benefits of Hiring a Personal Injury Attorney
A lot of people wonder whether or not they need an injury lawyer. Salt Lake City certainly has some cases where people have tried defending themselves in a bid to receive fair compensation.
However, that rarely goes according to plan. To succeed, you need to have a working knowledge of and plenty of experience in personal injury law. Salt Lake City also has a legal process with various complexities that can be hard for a non-lawyer to navigate.
For the best chance of success, it’s wise to get the services of a personal injury attorney. Insurance companies and corporations know every available loophole in the legal system and will use them against you. So you need an experienced personal injury attorney in Salt Lake City who will prevent you from making costly mistakes in the presentation of your case. Mistakes could cause your case to be dismissed or at the very least significantly reduce the compensation that you receive.
In personal injury cases, the burden of proof is on the plaintiff and their injury lawyer. It is absolutely essential that every detail of your case is considered to ensure your case is presented perfectly to obtain the largest recovery possible for your injuries.
Finally, if you want to get the maximum amount of compensation, you need the expertise of an experienced personal injury attorney. Insurance companies, as we mentioned, will use all of their available resources to lower the amount of compensation paid. A good lawyer can negotiate a fair deal and can explain to you the realistic options for your case.
Negligence in Personal Injury Claims
In personal injury claims, establishing negligence is fundamental for a successful case. Negligence is a legal concept that requires proving certain elements to hold another party responsible for the injuries suffered. These elements include:
- Duty of Care: The first element is establishing that the defendant owed the plaintiff a duty of care. This means that the defendant had a responsibility to act in a certain way to avoid harming others. For example, all drivers have a duty to operate their vehicles safely to prevent harm to other road users.
- Breach of Duty: Once a duty of care is established, it must be shown that the defendant breached this duty. This breach could be an action (like running a red light) or a failure to act (such as not fixing a known hazard on a property).
- Causation: The plaintiff must demonstrate that the defendant’s breach of duty directly caused their injuries. This means linking the negligent act to the injuries suffered. It’s not enough to show that the breach occurred; it must be the cause of the harm.
- Damages: Finally, the plaintiff must prove that they suffered actual damages as a result of the breach. Damages can be physical, financial, or emotional and must be directly attributable to the defendant’s negligence.
In the context of a Salt Lake City personal injury claim, successfully proving these elements of negligence is essential. Utah Code 78B-5-817 provides more clarification on comparative negligence.
Why Choose Valiente Mott?
Here’s why Valiente Mott can handle your personal injury claim:
- We take pride in our client-centered approach from initial consultation through case resolution
- We have a reputation for getting outstanding results
- We offer free consultations to understand your rights better
- We know how to value the full extent of your losses
- There are no upfront attorney fees or hidden costs
- We are fully committed to your success
- We provide responsive communication and trustworthy legal guidance
- We can help connect you with quality medical care, even without health insurance
- We have the resources to hire professional investigators, accident reconstructionists, forensic engineers, and other experts
- We are skilled negotiators and proven trial lawyers
- If you don’t recover money, you don’t pay
- We are available 24/7
Call a Salt Lake City personal injury lawyer today.
Why Timing Matters in a Personal Injury Case
If you’ve been injured in a car accident or similar situation, filing a personal injury case may not be high on your to-do list. However, you should contact an attorney as soon as possible. The clock starts running as soon as you suffer an injury like this. The amount of time you have depends on the nature of your claim.
In Utah, the statute of limitations for a personal injury claim is four years from the date of the accident or injury. The statute of limitations (Utah Code § 78B-6-706) is the amount of time you have to file legal action in your case, including any time that you may spend filing an insurance claim and having it denied by the insurer. In other words, if you are injured, spend six months in the hospital, spend another six months arguing with the insurance company, and then decide to go to court, you now have only three years left of the statutory period.
In some cases, you have less time. A product liability claim for a defective product must be filed within two years of the date you knew or “reasonably should have known” the object was dangerous and caused your injury (Utah Code § 78B-6-706). Wrongful death lawsuits must be filed within two years of the date of the victim’s death. In Utah, the surviving spouse, children, or personal representative of the decedent’s estate may file a claim.
If you miss the deadline, there may be ways to extend the statute; but you can avoid problems by speaking with a Salt Lake City personal injury attorney as soon as you have been injured in an accident.
Contact Our Salt Lake City Personal Injury Attorney
The attorneys at Valiente Mott are so confident in their ability to help you, their fees are only collected if they win the case. This means that you only need to pay once they win your case, and if the case doesn’t win, you pay nothing. In fact, Valiente Mott promises their clients that they won’t take more money than them at the end of their case.
You can rest assured that, at Valiente Mott, we have you covered. After all, we’re the personal injury attorney’s Salt Lake City, Utah residents trust and rely on.
Contact us today to schedule a free consultation. We’ll help you figure out the best way to move forward with your personal injury case.
Frequently Asked Personal Injury Questions
Do I always need an attorney for a personal injury claim?
Not always. Minor claims for simple cases, such as a parking-lot accident may not need legal assistance. You should always ask an attorney for their advice, even if you don’t plan to hire one for your case.
Do all personal injury cases go to trial?
No. Most personal injury claims settle out of court. A good personal injury attorney will handle your insurance claim in Salt Lake City as though preparing for trial, which encourages the other side to settle and avoid costly litigation.
Can I still recover even if I was partially responsible for my accident?
Yes. Under Utah’s modified comparative fault rule, you can still recover as long as you are less than 50% at fault in your accident. Your attorney can explain how the comparative fault rule works, and how it may affect your recovery in the case.
What does “at-fault” mean for car insurance? Is Utah an “at-fault” state?
“At-fault” means that after a car accident, the driver responsible for the accident pays for the victim’s injuries and damages. In a “no-fault” state, drivers pay for their own injuries with their own auto insurance. Utah is a “no-fault” state; drivers must pay for their own medical expenses from their Personal Injury Protection (PIP) coverage until they exceed the policy limit. If you have a $3,000 policy limit and your injuries exceed $3,000, you may be able to “step outside” the no-fault insurance system and file a lawsuit.