Utah personal injury laws can be confusing to those injured in accidents. The laws are meant to protect victims of accidents and allow them to pursue compensation when they are harmed because of someone else’s negligence. When dealing with insurance companies and mounting medical bills while you are hurt and trying to recover, the legal process can become frustrating and even more confusing.
The attorneys at Larsen, Larsen, Nash & Larsen assist clients all over Utah with understanding their rights and pursuing maximum recovery. Below you will find information on Utah personal injury laws and how they may affect you.
What Is a Personal Injury Claim?
A personal injury claim occurs when you get injured as a result of someone else’s negligence. Personal injury cases can include almost any type of accident or injury such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall injuries
- Workplace accidents
- Dog bites
- Wrongful death claims
The purpose of filing a personal injury claim is to seek financial recovery for damages you incurred as a result of the accident.
Utah Is a Comparative Negligence State
Utah is a modified comparative negligence state. In short, that means that if you were partially at fault for your accident, you can still seek compensation — provided that you were not more than 50% at fault.
Your award could be reduced by your percentage of fault. If you were to win $100,000, but were found to be 20% at fault, you would only receive $80,000.
Insurance companies will often try to place blame on injured victims to lower the amount of compensation they have to pay out. This is just another reason why having skilled legal representation matters.
Time Limits for Filing a Claim
In Utah, personal injury cases are governed by statutes of limitations. These laws provide deadlines by which an injured party must file a claim. In many personal injury cases, victims have four years from the date of the accident to file a lawsuit.
However, four years can go by quickly. Also, the longer you wait to file a claim, the more difficult it can be to gather evidence, find witnesses, and build a successful case. There are some situations where the deadline is much shorter, so it’s always best to contact an attorney immediately following an accident.
Understanding Utah’s No-Fault Insurance System
Utah is a no-fault insurance state when it comes to car accidents. This means that your insurance company may pay for some of your medical bills and lost wages, even if you were not at fault. (This coverage is known as Personal Injury Protection or PIP coverage.)
That being said, injured victims may be able to seek compensation from the party who is at-fault in cases involving serious injury or when damages exceed PIP benefits.
Compensation Available in Personal Injury Cases
Depending on the facts of your case, you may be entitled to recovery for:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
The Importance of Evidence
If you file a personal injury lawsuit, you will need to prove your case by providing strong evidence. This may include:
- Accident reports
- Medical records
- Statements from witnesses
- Photos/videos from the scene
- Video surveillance
- Expert witnesses
The more evidence you have, the better. Evidence is usually strongest right after the accident occurs. Your attorney can conduct an investigation of the accident and help preserve evidence before it disappears.
Why You Need a Lawyer
Insurance companies want to pay you as little as possible. Without legal representation, you may be tricked into settling for less than you deserve.
Let a knowledgeable lawyer fight for your rights and seek fair compensation from insurance companies. At Larsen, Larsen, Nash & Larsen we strive to treat you like family.
Contact Larsen, Larsen, Nash & Larsen Today
Call today to schedule your free consultation to learn more about Utah personal injury laws and how they can help your case. One of our skilled Utah accident lawyers will assist you in obtaining the evidence necessary to prove your personal injury claim. If you were injured in an accident, don’t wait. Contact the Salt Lake Legal office of Larsen, Larsen, Nash & Larsen for a free initial consultation today at (801) 964-1200. Don’t wait, call now and get your full personal injury settlement!
