I got injured! Can I sue to help pay my medical bills?
Curious to know if you have a personal injury case? This page will teach you the basics. This is not intended as legal advice, but they can be used as guidelines to understand personal injury law if you are looking for a personal injury attorney in Utah.
Imagine you are walking down the stairs in front of your apartment on a cold winter’s day. The stairs look clear, and you know your rent goes to shoveling and salting walkways, so you believe they are safe to walk on.
Unbeknownst to you, several other tenants have called to complain about one of the landings: It’s slippery and always seems to have black ice on it, but the property manager has done nothing to address the problem. As you descend the stairs, your winter boots catch on the black ice, you go sliding down the stairwell, and you are seriously injured.
This is an example of what a personal injury case might look like.
A personal injury claim occurs when a party negligently causes an injury to someone else. This can be through a slip and fall, a car accident, a faulty product or any number of reasons.
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 personal injury case?
Living our lives comes with a certain amount of risk — it can’t entirely be avoided. So not all injuries are potential lawsuits waiting to happen. Personal injury lawsuits, however, have several things in common:
You were injured due to someone else’s negligence.
You have experienced damages.
It is possible for the courts to provide a remedy. Although you may have been injured by someone else’s negligence AND you have experienced damages, there needs to be a way to recover damages from the responsible party. Usually the party has insurance or an asset that will cover the damage.
What does Utah law say about personal injury cases?
Before seeking out a personal injury 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 filed given within one year.
Claims for defective products, medical negligence or wrongful death that aren’t against a government agency or employee must be brought within two years, according to Utah Code Annotated §78B-6-706, §78B-3-404, and §78B-2-304(2).
Most other personal injury claims that aren’t against a government agency or employee (i.e. slip and fall, motor vehicle accidents, dog bites) must be brought within four years. Utah Code Annotated §78B-2-307.
What this means:
This means if you were injured due to a government actor’s negligence, you would typically have ONE year to give notice of bring a case.
If you have a claim against a private individual or organization for a defective product, medical malpractice, or wrongful death, you typically have TWO years to bring a suit.
If you have a claim against a private individual or entity for most other personal injury claims, such as premises liability, motor vehicle accidents, dog bites, etc., 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 due to someone else’s negligence.
What can I expect when I sue for personal injury?
Contrary to popular belief, personal injury lawyers are not “ambulance chasers,” and lawsuits don’t make people rich. Lawsuits take a long time and usually only compensate you for what you lost. But with the right lawyer, you know you’re in good hands.
When you sue for an injury and retain a personal injury lawyer 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 experiences cause for a personal injury lawsuit?
If you or a family member gets injured and are looking for a personal injury lawyer in Utah, do the following.
Keep your cool: It is perfectly normal to be upset over life-altering injury. Nevertheless, avoid threatening to sue, blaming the responsible party, declaring vengeance or posting to social media.
Continue to seek medical care: It’s important that you continue to get medical care for your condition. Often, further treatment will reveal the full extent of the damage that wasn’t obvious at the time of the injury.
Gather evidence: Get a hold of as many medical records, bills and police reports (if applicable) 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 and, occasionally, punitive damages to deter the action from happening again.
How do I find a lawyer to handle my personal injury case?
If you believe you have a personal injury claim, the first step is to contact a personal injury 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. Remember, you may only have a year to file your suit.
Personal injury cases require hard work, patience and determination, but they are also one of the ways our society holds negligent actors accountable and keep public spaces safe. If you need a personal injury lawyer in Utah, contact Sykes McAllister today.