Are you thinking about filing a personal injury claim in Utah?
If yes, then you are in the right space. Here, in this article, we will guide you with the things you need to take care of for your personal injury case.
Personal injuries can be really bad. Along with the injuries and sufferings, it also can result in serious health issues or partial impairment. The injury also results in higher medical bills along with wage loss.
In case of partial impairment, you might also need to change your career, which is obviously a matter of concern.
So, you should get fair compensation for all your loss and suffering.
Filling a personal injury claim is a hectic job, especially when you are recovering from medical issues and injuries. Only an experienced personal injury attorney can help you in your case and take care of all the legal requirements.
You can choose the best lawyer and visit their website here. Till the time you get a good lawyer, here is the guidance for you.
Statute Of Limitations In Utah
Before you begin with the actual personal injury lawsuit, it is crucial to understand the claim process. Knowing about the particular deadline of filing the claim in Utah Court. The deadline for filing a personal injury claim is called the statute of limitations, which is 4 years.
That means you need to file the case in the Utah court within 4 years from the date of accident or injury. But in case of any government-involved personal injury case, the statute of limitation is only 1 year from the date of injury or accident.
If you fail to file your personal injury claims within the statute of limitations, the Utah court might refuse to hear your case. So, basically, you are losing an opportunity to recover. There are also some exceptions.
That is why talking with a personal injury lawyer will be the best option to take forward your personal injury lawsuit.
Injuries You Can Sue For In Utah
Here are the particular injuries for which you can file your personal injury claim and ask for compensation.
- Brain injuries.
- Medical malpractice.
- Birth injuries.
- Burn injuries.
- Pedestrian accidents.
- Wrongful death.
- Nursing home abuse.
- Dog bites.
- Sexual abuse.
- Mass torts.
- Slip and fall accidents along with other premises liability cases.
- Auto accidents include car, truck, bus, or motorcycle accidents.
How To File A Personal Injury Lawsuit In Utah
As you get a basic understanding of the personal injury lawsuit, now it is time to know how you need to file your personal injury lawsuit in Utah.
1. Report Your Personal Injury
First, you need to report your injury to the concerned authority. In case you have a car accident, the insurance company must be aware of the accident. You also should inform the police and report the accident in this particular case.
And in case you had a slip and fall accident on someone else’s premises, the concerned party or person who is responsible for maintaining the property must know about your accident.
2. Get Medical Assistance
You should always get proper medical assistance when you get injured. Although in the beginning, you might feel okay and are not able to identify any serious injuries, you should still have a doctor’s check-up and get complete testing done.
There were a lot of instances when the victims were not able to understand or identify any injury or damages but later found out that there was internal damage or damages that eventually led to serious health issues later.
3. Consult With An Attorney
After an accident, it is crucial to contact an experienced legal practitioner and discuss the circumstances of your personal case, along with getting valid legal advice. The lawyer will guide you with each and every step.
In case of a personal injury lawsuit, you will go over the following things.
- Is there any valid defendant from whom you will be able to get financial compensation?
- Was the other party that is involved in the accident deemed to have been negligent?
- The severity of your injury and also the treatment that you need.
- What are your expected medical costs overall?
- The expected recovery time.
- The legal options are available to you.
4. Investigate Your Case
In case you are determined to retain legal counsel, you need to conduct an individual investigation for your personal injury claim. When you have a personal injury lawyer, you do not need to worry at all because the legal professional will take care of all those things.
This detailed process will always include the following.
- Police reports.
- Witness testimony.
- Medical records.
- Medical bills.
- Any other related medical bills.
- Your earning potential.
- Your employment history.
If the legal professional thinks that it is essential, the personal injury lawyer will also meet the medical experts, accident reconstruction specialists, or any other specialists who are excellent in different fields on the basis of the specific details that are needed for the case.
Your lawyer will also come up with the possible defenses that your opposing party can use against you for the case.
5. Demand Package
Demand for settlement is the legal term that is used here. It typically includes any type of damages and liability, like lost wages, injuries, loss of life enjoyment, medical bills, future medical care, and obviously pain and suffering.
Once prepared, this letter will be viewed by the legal team of the defendant. That can be anything from an individual to a business or to an insurance company.
As a response from the defendant party, you either will get a counteroffer, or they simply can reject the demand, or if you are lucky enough, they can accept it as well.
File The Personal Injury Claim
Now come to the last step of your personal injury lawsuit, and that is filing the personal injury claim. As we have mentioned above, the deadline for filing a personal injury claim is 4 years from the day of injury or the accident for which you are claiming compensation.
And if any government body or employee is the liable party, the deadline is only 1 year from the date of accident or injury. It means you have to file the claim within the mentioned time period.
Plus, your filing also includes some essential documentation. They include your medical reports, medical bills, employment details, and a lot more. When you have a lawyer, you do not have to worry about anything as the professional will take care of everything on your behalf.
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