If you’ve been injured in an accident in Utah, you may feel overwhelmed, confused, and unsure of your legal rights. Learn what steps to take and how Utah personal injury law works, then schedule your free consultation today.
Understanding Personal Injury Law in Utah
Accidents can happen in a moment, but the consequences often last much longer. In Utah, personal injury law allows victims to seek compensation when someone else’s negligence leads to harm. These laws apply to a wide range of situations, from car crashes to slip and fall injuries, dog bites, workplace incidents, and more.
To have a valid personal injury case in Utah, you generally need to prove four elements: duty of care, breach of that duty, causation, and damages. For example, drivers have a duty to operate their vehicles safely. If someone runs a red light and causes an accident that injures you, they may be held liable for your medical expenses, lost wages, and other losses.
Common Types of Personal Injury Cases in Utah
Some of the most common personal injury cases in Utah include:
- Car accidents
- Truck and motorcycle accidents
- Premises liability incidents (such as slips and falls)
- Workplace injuries
- Medical malpractice
- Wrongful death
Each type of accident comes with unique challenges and legal standards. For instance, a premises liability case might require proving that a property owner knew about a hazard and failed to fix it.
What Causes Most Accidents in Utah?
According to data from the Utah Department of Public Safety, distracted driving, speeding, and impaired driving are among the leading causes of traffic accidents in the state. In 2022 alone, there were over 61,000 motor vehicle crashes in Utah, resulting in more than 26,000 injuries and 320 fatalities.
Outside of traffic accidents, other common causes of injury include unsafe work conditions, negligent property maintenance, and dog attacks. While not all accidents are caused by negligence, many are, and that’s when a personal injury claim may apply.
How Comparative Fault Works in Utah
Utah follows a modified comparative fault system. This means that if you’re found partially at fault for your accident, your compensation may be reduced by your percentage of fault. However, if you are 50% or more at fault, you cannot recover damages.
For example, if you were injured in a car accident and the court finds you 20% at fault, your total compensation would be reduced by 20%. This system emphasizes the importance of a strong legal strategy, backed by evidence and expert evaluation.
Statute of Limitations: How Long Do You Have to File?
One of the most critical aspects of any personal injury case is timing. In Utah, you generally have four years from the date of the accident to file a personal injury lawsuit. However, wrongful death cases have a shorter deadline of two years.
Other exceptions may apply depending on the type of case and who the defendant is. For example, claims against government entities require notice within a much shorter timeframe. That’s why it’s important to speak to a lawyer as soon as possible after your accident.
What Damages Can You Recover?
If your personal injury claim is successful, you may be eligible to recover compensation for:
- Medical expenses (past and future)
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
In some cases, punitive damages may also be awarded if the at-fault party’s actions were particularly reckless or malicious.
How an Attorney Can Make a Difference
Personal injury cases involve much more than just filing paperwork. From dealing with uncooperative insurance companies to gathering evidence and building a compelling legal argument, having an experienced attorney by your side can significantly impact the outcome of your case.
A skilled personal injury lawyer can help you:
- Assess the true value of your claim
- Gather medical records and accident reports
- Speak with expert witnesses
- Negotiate with insurance companies
- Represent you in court if necessary
Remember, insurance companies are not on your side. Their goal is to minimize payouts, even if it means offering far less than what your case is truly worth.
We Understand This Is a Difficult Time
Suffering an injury can turn your life upside down. Medical appointments, financial stress, physical pain, and emotional trauma all add up. During this challenging time, having someone you trust to advocate for your rights can make all the difference.
You don’t only have to go through this alone, you also shouldn’t.
Schedule Your Free Consultation Today
If you’ve been injured in Utah and are unsure of what to do next, the experienced attorneys at Flickinger Boulton Robson Weeks are here to help. With decades of experience, a deep understanding of Utah law, and a commitment to fighting for justice, our team is ready to advocate for you every step of the way.
Call 801-500-4000 now to schedule your free consultation and get the legal support you deserve. Let us help you move forward with confidence and peace of mind.
