If you need to file a personal injury claim, you might be feeling a bit overwhelmed. This is especially true if you have never been through the process before. You will also need to determine if you will pursue a lawsuit, which may be your best move if you were severely injured in an accident. The recovery you can secure with a lawsuit will provide you with the financial security to move forward with your life. Here is some advice on what you need to know about a personal injury lawsuit in Utah.
Determine Which Injuries You Can Sue for in the State
If you suffered from one or more of the following injuries in Utah, you could sue for compensation:
- Automobile accident
- Truck accident
- Bus accident
- Motorcycle accident
- Dog bite(s)
- Nursing home abuse
- Sexual abuse
- Pedestrian accident
- Wrongful death
- Burn injury
- Slip and fall accident (and other premises liability cases)
- Birth injury
- Medical malpractice (including brain injuries)
- Mass torts
Ensure You Understand the Statue of Limitations for Filing
One of the most important parts of filing a personal injury lawsuit is knowing about the deadline to file. In Utah, the deadline, also know as state of limitations, is 4 years from the date of the accident. Therefore, you have that amount of time to seek recovery for any injuries or damages. If you have any questions about this deadline or would like to see if the court would make an exception for you, it would be beneficial to speak to a lawyer.
Take the Proper Steps After an Accident
You will need to build your case by gathering information right after your accident. Take photographs of the scene and your injuries. You should also question any witnesses. If you were involved in a car accident, ensure you get the other driver’s information, including his/her name and car insurance information.
If you need to go to the hospital, make sure to keep copies of your medical records as well as any communication you had with medical professionals.
Work with an Attorney to Make Sure You Can Prove Your Claim
To prove a personal injury claim in Utah, you need to show the following 4 elements:
- Duty
- Breach
- Causation
- Damages
An attorney is best suited to help you identity these elements in your case. You will need to show that the defendant owed you a duty of care during the accident, breached this duty by acting negligently, (or intentionally did not act properly) and caused your accident. You will also need to show proof that you suffered real damages in the accident, which might include lost wages, pain and suffering, medical bills, and personal injuries.
Consult with an experienced lawyer from our firm by contacting us online or calling us at (801) 901-7046. Working with a lawyer from the state can strengthen your case and help you get better compensation for your injuries.
