Accidents happen, which is a sad fact of life. Even if we can’t always stop them from happening, you have legal choices if you are hurt in an accident caused by someone’s oversight. Injured people may bring personal injury claims in Utah and, in some situations, the family members of those who have passed away or suffered catastrophic injuries. This gives accident victims the ability to receive financial compensation for “damages” or the losses they have sustained due to their injuries. Please continue reading to understand your legal rights regarding personal injury law in Utah.
Which accidents are eligible for compensation?
Almost anyone who has suffered injuries in an accident or traumatic event involving negligence is generally eligible to make a personal injury claim. You can submit a claim with your auto insurance company following an accident in Utah because it is a no-fault state for auto insurance.
This holds true regardless of whether you were hurt in a collision involving a motorcycle, several passenger cars, a big truck or other commercial vehicles, a pedestrian, or a bicycle. On rare occasions, you might be able to file a claim against a careless driver or another entity accountable for the collision without using the no-fault system.
The same holds true for claims involving non-motor vehicle accident instances, such as:
- Slips and falls.
- Dog bites.
- Defective products.
- Nursing home abuse.
- Medical malpractice.
- Accidents involving dangerous property conditions.
You have the freedom to go the court way by filing a personal injury lawsuit if the insurance firm denies your claim or fails to offer a fair settlement. However, this may be complicated, which is where the expertise of personal injury lawyers such as Swenson & Shelley comes in.
You have to prove negligence.
You have to prove the following in a personal injury lawsuit in Utah.
- The defendant (the party you are pursuing the lawsuit against) had a duty of care to act responsibly and avoid actions that could injure you in a way that was reasonably foreseeable to you.
- The defendant’s carelessness, wrongdoing, or malicious intent to cause harm constituted a violation of the duty of care and a failure to act reasonably.
- You were hurt and sustained quantifiable losses like medical costs, lost pay, and suffering.
- Your injuries were directly or indirectly caused by the defendant’s careless or unlawful conduct or inactions (referred to as “causation”).
You must stick to the statute of limitations.
Like every other state, Utah has a deadline for filing a lawsuit following an injury or accident. You have four years in Utah under this statute of limitations regulation to file a lawsuit for personal injury. The Utah court system may not even take your case if you don’t file it within four years of the incident or harm. Keep monitoring the statute of limitations so that you can submit your Utah injury case before the four-year deadline closes.
You can use the help of a personal injury attorney to help you understand the complexities of your claim.