I was in a car accident and got injured. What should I do?
Have you been in a car accident in Utah and are curious to know if you have a personal injury case? This page explains the basics of car accident cases and what you can do about them. This is not intended as legal advice, but they can be used as guidelines to understand motor-vehicle accident claims in Utah — and personal injury law more broadly — if you are looking for a car accident attorney in Utah.
In 2020, nearly 4.7 million passenger vehicles were involved in a car accident in the U.S. If you think that number is high, it’s also worth noting that due to the Covid-19 pandemic, the estimated number of police-reported crashes that same year reduced by 22 percent!
It goes without saying that car accidents are an inherent risk when we share the road with other drivers. However, a car accident lawsuit can occur when a party negligently causes an injury or death due to their driving.
If you need an experienced personal injury lawyer in Utah, our attorneys at Sykes McAllister Law office are here to help.
How do I know if I have a car accident lawsuit?
Driving comes with a certain amount of risk. This is why it is important for everyone to drive safely. Nevertheless, accidents still happen, and lawsuits are a way to help people recuperate what they lost due to an accident.
Car accident lawsuits in Utah have a few things in common:
You were injured or a family member died due to someone else’s negligence in a car accident in Utah.
You have experienced at least $3,000 in medical bills, have suffered a permanent injury/impairment/disability, or have experienced the loss of a loved one.
It is possible for the courts to provide a remedy. Although you may have been injured and experienced damages, there needs to be a way to recover damages from the responsible party. If the other driver is uninsured or underinsured, you will be limited to how much you can recuperate.
What does the law say about car accident cases in Utah?
Before seeking out a car accident lawyer in Utah, you should know the following about the statute of limitations:
According to Utah Code Annotated §63G-7-402, Section 78B-2-302, notice of claims against a government entity, employee, or agency must be given within one year.
Most other car accident claims that aren’t against a government agency or employee must be brought within four years. Utah Code Annotated §78B-2-307.
What does that mean?
This means if you were injured due to a government actor’s negligence — for example, someone driving a government vehicle or acting in an official capacity — you would have one year to bring a case.
If you have a claim against a private individual or entity, you typically have four years to bring a suit.
Sometimes it is unclear who is liable, so it is important to contact an attorney as soon as you are aware you have been injured in a car accident due to someone else’s negligence.
What can I expect when I have a car accident lawsuit?
Despite what popular media portrays through television and film, personal injury lawyers are not “ambulance chasers” looking for a quick buck. Also, lawsuits don’t make people rich! They take a long time and usually only compensate you for what you lost.
When you look to file a car accident lawsuit in Utah, your attorney will walk you through the process. It looks something like this:
You meet with an attorney to discuss the details of your case. They will want to know when and where it happened, who was involved, and what kind of evidence is available to you.
The investigation phase. If an attorney believes you may have a case, they will start gathering evidence and information to build the case. This is done by gathering police reports, photos, videos and whatever is available. Your attorney may also conduct interviews as part of the investigation.
Pre-litigation. Your lawyer will first look to see if they can settle your case out of court. If the case cannot be settled, they might advise you to file a complaint.
Filing the lawsuit. Once all the evidence is collected, if your attorney believes you have a case, they will file a complaint with the court. The relevant parties will also be served a copy of the filing.
Litigation. After a case is filed, formal discovery will be conducted. This may include written disclosure of witnesses and evidence, written requests for documents or information, and depositions. If your case is unable to be resolved during the discovery process, you will need to go to trial. During the trial, your attorney will present your case to the court, and a jury will make a determination on the case.
The appeals process. Sometimes the court will rule against you. In that case, your attorney will want to take another look at the ruling and decide if there is a way to appeal it to a higher court.
What should I do when I or a family member gets injured in a car accident?
If you or a family member gets injured in a car accident in Utah, and you are looking for an attorney, do the following:
Keep your cool: It is perfectly normal to be upset over a car accident. Nevertheless, don’t yell at the other party, admit fault, blame the other driver, threaten to sue, declare vengeance or post the accident to social media.
Immediately seek medical care: Sometimes people feel fine a day or two after a bad car accident until they start to notice a concussion or neurological symptoms. If you were in a bad accident, go see your doctor as soon as you can to make sure you are okay. Often, further treatment will reveal the full extent of the damage that wasn’t obvious at the time of the accident.
Gather evidence: Get a hold of as many medical records, bills and police reports as you can. These will be helpful for your attorney as they piece together what went wrong.
Keep track of your medical bills: Whether your case settles or goes to trial, your lawyer will need to determine how much to ask for as a remedy for your damages. The attorney will usually ask for an amount that covers your medical damages, the pain and suffering you experienced.
How do I find a lawyer to handle my car accident lawsuit in Utah?
If you believe you have a car accident lawsuit, the first step is to contact a car accident lawyer in Utah as soon as possible. They will review your situation, determine if you have a valid claim, and advise you on the potential remedies available.
These cases require hard work, patience and determination, but they are also one of the ways our society our roads safe. If you need a car accident lawyer in Utah, contact Sykes McAllister today.