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Do I Have a Personal Injury Case?

So, you’ve been in an accident. Perhaps it was a car accident or a slip and fall due to the property owner’s negligence. That’s bad enough. In addition to the pain and suffering, the injured person has to deal with insurance policies, lost wages, and emotional distress.  

It’s too much for one person to handle. That’s where The Advocates Law Firm comes in. One of our personal injury lawyers will take on your case, providing you with legal options and protecting you from financial losses.  

Before you call us for a case evaluation, you might wonder: Do I have a personal injury case?  

Here’s how to know.   

Negligence or an intentional act of harm 

Winning a personal injury lawsuit requires proving the liability of the at-fault party. You must establish four elements:  

  • Duty: The defendant was legally obliged to act with reasonable care toward the injured party. This means following traffic laws or preventing workplace accidents.  
  • Breach of duty: They did not meet that duty of care. That could mean they ran a red light or failed to clean up a wet spot at a grocery store.  
  • Causation: Their breach directly caused your injury, causing you serious injuries, property damage, or any other pain and suffering. There must be a clear link between their negligence and your damages.  
  • Damages: The harm you have received must be actual, whether it be physical, financial, or emotional.   

Examples include:  

  • A doctor misdiagnoses you (medical malpractice)  
  • A car failing to notice a motorcycle rider (motorcycle accident)  
  • Getting T-boned by a speeding car (car accident)  
  • Your neighbor’s dog runs across the street and clamps down on your calf (dog bite case) 

The losses you have sustained 

The attorney-client relationship is at the heart of our work: We want you to fully recover with peace of mind. We will ensure you get fair compensation that completely covers your expenses.  

These are the typical damages you can claim:  

  • Pain and suffering from emotional and physical injuries  
  • Property damage  
  • Lost wages and loss of earning capacity  
  • Medical care and the resulting medical bills  
  • Loss of enjoyment of life  

To prove these damages, we must gather:  

  • Medical records  
  • Photos of injuries and the scene of the accident  
  • Witness statements  
  • Employment records if claiming lost income  
  • Police reports 

Utah’s comparative fault rule  

Utah has a modified comparative negligence system.  

  • If you are 50% or more at fault, you cannot recover anything in a personal injury case. 
  • If you are less than 50% at fault, your award is reduced by the percentage of fault. 

For example, if a court finds you 30% at fault and your settlement offer is $10,000, then you will receive $7,000. 

Statute of limitations

Personal injury law sets time limits for filing a personal injury claim.  

Here are the limitations for different types of cases:  

  • General personal injury: 4 years from the date of injury  
  • Wrongful death: 2 years from the date of death  
  • Injuries caused by a government entity: 1 year to notify the government of the claim and 1 year to sue 

No-fault insurance 

If you are in an accident, you must use your no-fault insurance policy first. In Utah, this is called Personal Injury Protection insurance. Call your insurance company to find out what your policy covers.  

PIP is mandatory for all car insurance and covers lost wages, medical bills, and other damages resulting from an accident. It is often called no-fault insurance because it provides coverage regardless of who was at fault.    

With PIP, you must have a minimum of $3,000 coverage. You can choose to have higher coverage.  

PIP covers you, passengers, and pedestrians. The following damages are what PIP usually covers:    

  • Medical expenses: Pays for necessary healthcare, including ambulance, hospital, rehab, etc.   
  • Lost wages: Covers 85% of lost income, capped at $250 a week for up to 52 weeks.   
  • Household services: Used for services the injured person can’t perform. Pays up to $20 a day ($140 maximum weekly).   
  • Funeral costs: Provides up to $1,500 for burial expenses.   
  • Survivor benefits: Surviving family members may receive a $3,000 death benefit.  

You can only sue if you have met one of these thresholds:  

  • You have over $3,000 from medical attention.  
  • You suffer serious injuries such as permanent disability, disfigurement, dismemberment, or wrongful death of a loved one.   

Property damage is not covered by no-fault insurance. You will probably have to bring a property damage claim against the other driver. 

What The Advocates can provide 

At the core of our work is providing legal representation for fellow residents of Utah. A personal injury attorney will fight for fair compensation, from the free consultation to depositions if it goes that far. There are no upfront or out-of-pocket fees when working with us. Our payment will come only if we win your case. 

You could have a fall accident or a dog bite, financial loss, or non-economic damage like stress—it does not matter. You deserve a fair settlement for the unjust damages inflicted on you. You deserve an Advocate.