Utah Personal Injury FAQ

Personal Injury Attorney FAQ

Being a victim of a car accident or personal injury can be overwhelming. Dealing with economic damages, insurance companies, and medical bills is a lot to bear. Working with an injury lawyer can get you compensation for your injury and medical bills. This personal injury FAQ will address commonly asked questions that you may have after a car accident or personal injury. 

Q: Do I have to file my personal injury or wrongful death case by a particular time?

A: Yes. You must file your personal injury or wrongful death lawsuit within a time limit. This time limit is known as a Statute of Limitations or SOL. Every U.S state has a unique SOL. In Utah, the SOL is four years. If the Statute of Limitations has expired, you cannot file a lawsuit. Be sure to file your personal injury case before this date.

Q: What is a personal injury lawyer?

A: A personal injury lawyer is a lawyer who specializes in cases regarding injuries caused by the negligence of another. A personal injury lawyer is an advocate who will help you obtain compensation from the at-fault party’s insurance company or, in some cases, the at-fault party.

Q: Do I need a personal injury lawyer?

A: When you file for compensation, you are not legally required to use a personal injury lawyer. However, an experienced personal injury attorney can help make the process easier and ensure you receive fair compensation.   

Q: Do I need to go to court for my personal injury case?

A: Only rarely does a personal injury claim end up in court. Most often, you will receive financial compensation through an out-of-court settlement with the insurance company. In rare cases, when a personal injury lawsuit is necessary, DexterLaw will be there with you every step of the way. 

Q: What damages can I claim under Personal Injury Law?

A: Personal injury law compensates for various injuries, including conscious pain, suffering, and trauma. You are also covered if you have suffered property damage or damage to your vehicle in your car accident or injury case. 

Q: How much will I have to pay?

A:  Personal injury attorneys at DexterLaw have the confidence and skills to represent you with no money upfront – you won’t be charged unless we win for you. We’ll work as a team to resolve your personal injury/wrongful death case. Upon winning or settling, we charge a one-third contingency fee.  

Q: Can I receive compensation for my medical bills? 

A: Yes! Getting fair compensation includes medical bills for treatment required after your car accident or injury.

Q: What is the process of resolving my case?

A: Resolving your personal injury claim involves four distinct phases:

Treatment/Documentation Phase: This phase includes all necessary doctor visits and medical care related to your case. During this phase, your injury lawyer will obtain all records pertaining to medical treatment, medical expenses, employment, and other records pertaining to your injury or wrongful death case.

Demand Phase: In this phase, we draft a demand letter that outlines how the car accident or incident occurred, the extent of injury, the medical treatment received, and the effect of the incident on your life. We create a demand packet that includes all necessary records relating to your case. This demand packet is submitted to the opposing insurance company to get you fair compensation.

Negotiation/Settlement Phase: Your injury lawyer will get you compensation for your personal injury case.

Litigation Phase: Though most of our cases do not reach this phase, we will advocate your case in court if we cannot reach a settlement. As a law firm, we will do everything we can to get you fair compensation. 

Q: How long will it take to settle my car accident or injury case? 

A: As an injury victim, we understand that you may be in need of financial compensation quickly. The time it takes to reach a settlement can vary greatly. Generally, a claim that involves a catastrophic injury, product liability, and a significant amount of money will take longer to settle because the at-fault party’s insurance company faces greater loss. If the case is complex or liability is unclear, a settlement also may take longer to reach. Working with an experienced personal injury attorney can ensure that you are compensated for damage and injury as smoothly as possible. 

Q: Can I get free legal advice after my car accident? 

A: Absolutely. Call or email DexterLaw for a free consultation. We will help you assess your accident case and determine your case worth with no additional obligation. 

Q: Can I still get compensation if I am partially at fault?

A: Yes. If a car accident or injury occurred, and you are partially at fault, you can still receive compensation. An experienced personal injury attorney can help you organize and present the strongest possible case to receive compensation.

Q: What is negligence? 

A: Negligence is defined as injuries or damages that occur when one party fails to act with reasonable consideration for the safety of another. If you were injured in an accident due to the negligence of another, you are able to receive compensation for injuries and damage sustained. 

Q: What kind of compensation can I receive after my car accident or personal injury? 

A: As an injury victim, you may be able to receive compensation for medical bills, property repairs, long-term care costs, lost wages, and lost income over the remainder of your career had you been able to continue working. Additional compensation may be collected for pain and suffering, mental anguish, loss of enjoyment of life, permanent scarring, and disfigurements. 

Q: What documentation should I collect after my car accident or injury? 

A: After an accident, it’s imperative that you receive any and all necessary medical attention. Keep documentation of any medical expenses that occur because of the accident. Photograph any injuries or property damage that occurred as a result of the accident. Keep track of wages you missed/are missing because of the accident. Write down a play-by-play of how the accident occurred from your perspective while it’s still fresh in your mind. The more detailed the documentation, the better. 

Q: How do I know if I have a case? 

A: A free consultation with a personal injury attorney can help determine the validity of your case. In general, however, you most certainly have a case if the accident or your injuries occurred due to the negligence of another. 

Q: What should I do if the opposing insurance company approaches me with a settlement? 

A: If the insurance company approaches you, it’s important that you do not sign anything you do not understand or feel comfortable with. Insurance companies often try to settle claims as quickly as possible, but they have their best interests in mind. It is not in the insurance company’s best interest to pay you as much as you are legally capable of obtaining. Obtaining proper legal advice is the best way to ensure that you receive maximum compensation. 

Q: My loved one was in an accident and passed away. Can I pursue action on their behalf? 

A: Yes. We extend our deepest condolences to the surviving relatives of anyone whose life was cut short in an accident. If you have lost a loved one in an accident, you may be able to receive compensation through a wrongful death case. These cases are filed on behalf of those who could have filed a personal injury case had they survived. 

Q: Do I have to pay if my injury case loses? 

A: No. A contingency fee means that any fees for legal advice are deducted from your settlement’s payout. You only pay if we win. 

Q: When should I contact a personal injury attorney? 

A: It is in your best interest to contact a personal injury lawyer as soon as possible. Working with an experienced injury attorney right from the start can ensure that you keep proper documentation and avoid making mistakes that may harm your chances for compensation later. We are here to help. You do not have to try and figure your legal situation out on your own. Hiring an attorney can alleviate the stress of navigating post-accident life and help you to focus on your healing and recovery. 

Q: Who will pay my medical bills? 

A: Each situation is taken case by case and differs based on a number of factors. You may need to rely on your personal insurance provider or the at-fault party’s insurance provider. In the case that you do not have medical insurance, you may need to pay out of pocket. We understand that dealing with medical bills after an accident can be an extreme burden. Working with a qualified personal injury attorney can help bring you peace of mind so you can focus on your recovery. 

Q: Do I need an attorney if I am injured at work? 

A: Yes. You are entitled to Worker’s Compensation benefits if you are in a work-related accident. If the at-fault party is not a member of your company, you might be able to receive damages from the at-fault party in addition to your Worker’s Compensation benefits. Contact us to discuss your unique situation. We will help you receive as much compensation as possible. 

Q: Is Utah a no-fault state? What does this mean for my case? 

A: Utah is a “No-Fault” state. This means that injured parties seek payment for the first $3,000 of medical expenses from their insurance carrier, regardless of who’s at fault. This is dictated by a statute sometimes referred to as the “PIP Statute,” which stands for “Personal Injury Protection.”

Contact us at DexterLaw.com for more details on how you can get the help you deserve today. You may also schedule a free consultation here.

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