Dog Bite Cases: How Utah Is Different from Every Other State
Many dog bite cases fall under the category of premises liability law in that they occur on someone else’s property and therefore the owner of that property is liable, especially if a dog that is known to be violent is improperly chained or otherwise barred from doing harm. However, dog bites can occur even on your own property, and if the dog is owned by another person, that person can be held liable for any injuries you sustain. In most states, dog bite cases can be tricky. The foundation of dog bite law is the “one-bite rule,” which states that a victim can recover damages from a dog owner only if the dog had previously bitten someone or behaved as though it wanted to, and the dog owner had been aware of this incident. While most states have instituted statutes to allow for instances of premises liability and other acts of negligence to trump the one-bite rule, it is still the responsibility of the bite victim to present evidence that the dog owner was negligent in order to recover compensation. In Utah, however, the doctrine of strict liability comes into play in all but a handful of dog bite cases. According to this doctrine, the victim of a dog bite or other violent attack by a dog must only show that: The bite or attack did take place and did involve the dog in question The bite or attack did cause the injuries forming the basis of the lawsuit When it comes to handling your dog bite case, the Provo, UT personal injury attorneys of Flickinger Sutterfield & Boulton can make sure that the strongest, most compelling case is presented on your behalf. While it may seem as though Utah dog bite laws favor the victim – and compared to other states, they might – this does not mean that your dog bite case is open and shut. In fact, if not handled properly, you may find yourself faced with medical bills and other expenses you have no means of paying. Utah Code Section 18-1-1 Utah Code Section 18-1-1 is the statute that amends the one-bite-rule in the state of Utah. According to the statute: Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous… The statute then goes on to specify the sole exception to the extension of strict liability to dog bite cases: …but neither the state…nor any peace officer…shall be liable in damages for injury committed by a dog when: (1) The dog has been trained to assist in law enforcement and (2) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the public order. Arrange for an Evaluation of Your Dog Bite Case To arrange for an evaluation of your dog bite case, please contact our personal injury law firm today.
A Pain in the Neck: Auto Accidents and Whiplash
Car accidents can have a serious impact on your quality of life, especially when serious injuries occur. Whiplash, caused by a sudden back-and-forth movement of the neck, is one of the most common injuries after a car accident. Whiplash can be very painful and interfere with daily life, making it difficult for you to work or care for your family. Filing a lawsuit maybe your best course of action. To learn more about your legal options regarding auto accidents and whiplash, contact our Provo, UT lawyers at Flickinger Sutterfield and Boulton. In the meantime, read on to learn what you should do if you experience whiplash after a car accident. Recognizing Whiplash Whiplash, also called neck strain or neck sprain, is characterized by multiple symptoms. Symptoms may occur immediately after an accident or they may occur 24 hours or more after the initial trauma. Some common symptoms of whiplash include neck pain, neck stiffness, lower back pain, dizziness, pain between the shoulder blades or in the shoulders, pain or numbness in the arm or hand, and headaches. Seek Medical Attention It’s important to seek medical attention after a car accident, even if you feel only a small amount of pain. In some cases, the full symptoms of whiplash and other soft tissue injuries won’t be felt immediately after an accident and will appear days later. A physician will be able to look for signs of whiplash or other injury that may go undetected at the time of an accident. Having a medical record of whiplash can help prove your case in court should you decide to file a lawsuit. Document Medical Expenses Document all medical expenses related to your injury. Keep a record of such expenses as medical bills, lost wages, prescription costs, insurance co-pays, and any other out-of-pocket costs related to your injury and recovery. Maintaining accurate records of medical expenses will help if you choose to file an insurance claim since insurance adjusters require proof of expenses before they will write a check. File a Claim If your physician has diagnosed you with whiplash, you may choose to file an insurance claim. File the claim as soon as possible once your whiplash has been medically documented. This will help get the insurance process underway to help you get reimbursed for medical bills sooner. Those who live in a no-fault state, such as Utah, will need to notify their insurance provider of their claim. Those who don’t live in a no-fault state will need to notify the at-fault driver’s insurance company in writing of their intent to file an injury claim. When to File a Lawsuit It may be necessary to file a lawsuit in order to collect damages. You may need to file a lawsuit because an insurance adjuster won’t pay out on your claim or if the person who caused the accident doesn’t have insurance. In some cases, it may be possible to recover damages for pain and suffering in addition to medical expenses. Discover Your Legal Options Whiplash can cause serious and lasting physical problems to the neck, making daily functions painful or completely unbearable. To learn more about your legal options regarding whiplash claims, we encourage you to contact our team of personal injury lawyers today.
Types of Damages in Personal Injury Cases
If you have recently been seriously injured in an accident caused by someone else’s negligent or deliberately wrongful actions, you probably find yourself faced with unexpected and overwhelming financial burdens due to hospital bills, lost wages, and other losses and expenses. In light of this, you have every reason to be considering legal action and, if so, to be wondering what your possible personal injury claim might be worth. After all, it isn’t fair that you should be liable for debts that aren’t your fault, especially when you already have to deal with the physical and emotional consequences of your injuries. Before you can understand how much your personal injury claim might be worth however, it is important that you first understand what the term “damages” means, as well as what types of damages you are able to recover according to the law. It is even more important that you select a personal injury attorney who is skilled at identifying the full measure of damages to which you are entitled, as you get only one opportunity to seek compensation through the civil court system. If your attorney fails to identify a current or future loss or expense that you deserve to be compensated for, you permanently forfeit the right to seek that compensation once your case has been settled or tried to verdict. Fortunately, you have access to one of the most diligent legal teams in the nation at the law firm of Flickinger Sutterfield & Boulton. Once they have helped you understand the types of damages in personal injury cases, our Provo, UT attorneys will set out to ensure that you receive every cent that is rightfully yours. All you need to do to get started is contact our law firm to arrange for an evaluation of your case today. What Does “Damages” Mean? The term “damages” refers to monetary compensation awarded to the plaintiff to cover losses and expenses related to an injury. This compensation is provided by the defendant due to his or her being responsible for the accident that caused the plaintiff’s injury. While most damages are obtained through settlements reached before a case goes to trial, some are awarded as the result of jury verdicts. Types of Damages There are two basic types of damages: compensatory and punitive. Compensatory damages can further be broken down into special damages and general damages. Special damages include compensation for losses and expenses that have actual, specific dollar amounts attached to them, such as medical bills, lost wages, and property damages. Special damages can usually be demonstrated through receipts, pay stubs, and other tangible methods. On the other hand, general damages are more abstract. They include compensation for non-tangible injuries, such as pain and suffering, mental anguish, and loss of quality of life. These amounts must be estimated and can be difficult to prove, requiring particular skill on the part of the attorney. Unlike compensatory damages, which are intended to compensate the plaintiff for actual losses and expenses related to his or her injuries, punitive damages are awarded strictly to punish the defendant for instances of egregiously negligent behavior. Usually, punitive damages are awarded only when the defendant’s behavior is so wrongful that it borders on, or crosses the border over to, maliciousness. Arrange for an Evaluation of Your Case Today To arrange for an evaluation of your personal injury case, please contact the law firm of Flickinger Sutterfield & Boulton today.