How to File a Personal Injury Lawsuit in the Salt Lake City, Utah Area
Are you the victim of an injury?
Utah law recognizes the fact that personal injuries can cause serious distress and financial problems. If you or a loved one has been injured because of the negligent or willful acts of another party you may want to pursue a personal injury lawsuit. Our caring and experienced lawyers at the Salt Lake City area law firm of Larsen, Larsen, Nash & Larsen can help you recover the maximum amount of damages.
We provide a wide range of legal assistance, handling your personal injury case through each phase of litigation. Our lawyers are able to review your case and provide you with legal advice and support throughout the process. For more information, please refer to our personal injury (FAQ) page.
Filing a personal injury complaint
When filing a personal injury complaint, the exact process may differ due to the size and type of your case. For example, lawsuits that claim less than $10,000 can be filed for your local county in the small claims court. In addition, lawsuits that seek damages greater than $10,000 must be filed in District Court.
The first step in the litigation process is to properly file a complaint. This complaint must be filed within four years for most personal injury cases. The statute of limitations is two years for product liability claims. Consider the following when filing a complaint:
- A complaint describes the accidents and requests damages.
- Damages could include compensation for lost wages, medical bills, and damaged property.
- Damages could also include compensation for physical pain and emotional distress.
- Punitive damages can be included with evidence of willful negligence.
- The accused person or organization has 20 days to respond to the complaint. This is extended to 30 days if the accused entity is out-of-state.
- Defendants are able to deny the allegations or file counter-claims against another party or the plaintiff.
The discovery process
The discovery process involves both parties exchanging information as they prepare for trial. This information might include medical records, other relevant documentation, witness lists, and lists of questions for the other side, called interrogatories.
Arbitration and alternative dispute resolution
Most personal injury lawsuits get resolved before going to trial due to alternative dispute resolution systems. These could include arbitration, mediation, or third-party accident reviews and assessments. Although these alternative methods of dispute resolution are not required in Utah, they help defendants, plaintiffs, and the state save time and money.
Preparing for trial
In the event a lawsuit does go to trial, the first step is jury selection. The following guidelines are used when selecting a jury:
- Lawsuits less than $20,000 require four jurors
- Lawsuits greater than $20,000 require 8 jurors
- Three-quarters of the jurors have to agree to a verdict
- Either the plaintiff or defendant can appeal the case if they disagree with the verdict or award.
Salt Lake City personal injury attorneys assist you with each stage of litigation
Our lawyers at Larsen, Larsen, Nash & Larsen understand the pain and suffering of our clients who have been victims of personal injury. For more information on our personal injury services, call our firm today at (801) 964-1200 or contact us online to schedule your free consultation. We are conveniently located in West Valley City, just west of I-215. Our firm currently represents clients throughout Salt Lake County and the surrounding areas of northern Utah. These areas include Summit County, Davis County, Wabash, and the cities of Provo, Ogden and Park City.