Camp Lejuene
Were you or a loved one based at Camp Lejeune between 1953 to 1987? You could be owed compensation! Our team of experienced attorneys will fight for your rights! Camp Lejeune Justice Act Learn More Compensation Available for Camp Lejeune Marines Contaminated water can lead to serious health problems like cancer, renal toxicity, or Parkinson’s disease, to name a few. Everyone should have clean drinking water to avoid these (and other) diseases, but that access is sometimes limited, or there are chemicals in the water that people aren’t aware of until it’s too late – after they’ve been exposed. Individuals who lived at the Marine Corps Base Camp Lejeune between August 1953 and December 1987 may be eligible for compensation due to potential exposure to benzene, trichloroethylene, tetrachloroethylene, perchloroethylene, and vinyl chloride. These chemicals are dangerous carcinogens, and levels over 300 times the acceptable level were found in the water in some areas of Camp Lejeune. Get Help NowLearn MoreThe water became contaminated after underground water storage tanks and waste disposal sites leaked into primary water sources. Those primary water sources, contaminated with dangerous carcinogens, were used for daily water supplies. There is no guarantee that you were exposed, but you could have been if you and/or your family lived at Camp Lejeune between August 1, 1953, and December 31, 1987. The U.S. Department of Marine Affairs has established guidelines for compensating affected individuals. You’re entitled to compensation if you developed one of the following conditions, and you were at Camp Lejeune between the dates listed above. Get Help NowLearn MoreThese aren’t the only diseases linked to benzene, trichloroethylene, tetrachloroethylene, perchloroethylene, and vinyl chloride, but they are the only ones with enough evidence related to the contaminated water to provide compensation. However, the 2012 Camp Lejeune healthcare law established by Marine Affairs provides free healthcare for the following conditions: Again, you must have lived at Camp Lejeune during the time when the water was contaminated to be eligible for cost-free healthcare. You also must receive health care through Marine Affairs to receive this health care. This healthcare also extends to family members of Marines. To receive this healthcare, you must prove a dependent relationship to a Marine who was at Camp Lejeune and have lived there for at least 30 days during the time when the water was contaminated. You can learn more about chemical exposure at Camp Lejeune through the Marine Affairs website.
What to Prove in a Burn Injury Lawsuit
There’s a lot to prove in a burn injury lawsuit, including how severe your burn is, how much of your body is burned, and the depth of the burn.
Common Causes of Brain Injury and Head Trauma
In this article, we’ll first discuss some common causes of severe brain injuries and offer a few tips for prevention. Then we’ll outline the essential steps you need to take if you or a loved one has sustained a head injury.
4 Common Swimming Pool Injuries You Should Know About
We’ve covered the swimming pool rules and regulations that you should abide by, and now we’re discussing the most common swimming pool injuries that you should know about.
You Need To Know These Important Seat Belt Laws
Seat belt laws might seem inconvenient, but they exist to keep you and your family safe and secure while traveling the roads. When correctly used, safety restraints save over 90 percent of lives. Each state has its own set of seat belt safety laws, but all are designed to promote safe vehicle travel for everyone. Here’s a look at the laws surrounding seat belt safety, how they are enforced, and what it means for you. Primary vs. Secondary Enforcement To understand how the laws surrounding seat belts are enforced across the United States, it’s essential to understand the concept of primary vs. secondary enforcement. States with primary laws regarding seat belt enforcement allow a police officer to pull over and issue a ticket to a driver primarily for not wearing a seat belt. No other traffic violation needs to have taken place in order for a driver to be pulled over and get a ticket for not being buckled up. States with secondary laws are different. In these states, a police officer may only ticket a driver for not wearing a seatbelt if they’ve been pulled over for a separate traffic offense. For example, if an officer pulled over a driver for speeding or reckless driving, they could then issue a ticket for not wearing a seat belt. Otherwise, they couldn’t pull over and ticket the driver, even if the officer observed them being unbuckled. Driving without a seatbelt is considered a misdemeanor in 49 states, with New Hampshire being the exception. Of those 49 states, 34 have primary seat belt laws for occupants in the front seats. The other 15 states have their laws for seat belts as secondary enforcement. Rear seat occupants are also legally required to wear a seatbelt. Twenty-five states and Washington D.C. include rear occupants in their primary enforcement laws, and in 11 other states, they are secondary enforcement. Federal Seat Belt Laws Federal laws in the United States require that all vehicles have a three-point restraint system, except buses. That’s about as far as federal requirements go. The individual states determine more specific laws regarding seat belts, even including car seat laws. You can find a comprehensive list of car seat laws by state here. Utah Seat Belt Laws Utah enforces primary belt laws for all occupants in a vehicle. Additionally, all children age eight and under must be properly restrained in a booster seat or car seat. The fine for a driver or passenger failing to buckle up is $45. This law includes travelers in RVs and taxis. Seat Belts Save Lives The National Highways Traffic Safety Administration found that seat belts saved an estimated 14,955 lives among vehicle passengers age five and older in 2017. It’s estimated that an additional 2,549 people could have had their lives saved if they’d been wearing their seat belts when a fatal accident occurred. While many lives were saved from buckling up, nearly half of all individuals killed in car accidents were riding without a seat belt on. Failing to wear a seat belt can have serious consequences. It could mean the difference between life and death in a crash. Wearing your seat belt could keep you from being ejected from the vehicle, and it may also stop the force of an airbag from seriously injuring or even killing you. The facts about wearing a seat belt speak for themselves: Wearing your seat belt in the front seat of a passenger car can reduce your risk of fatal injury by 45% Buckling up in a car reduces the risk of moderate to severe injury by 50% Choosing to put on your seat belt in a light truck can reduce the risk of fatal injury by 60% Wearing a seat belt in a truck reduces the risk of moderate to critical injury by 65% There’s no better way to say it. Making the easy choice to put on your seatbelt every time you get in a car can be life-saving. How to Properly Buckle Up The following tips will help you wear your seatbelt correctly to keep you safe in your vehicle: Ensure the lap and shoulder belts are secured across your pelvis, rib cage, and shoulder. These parts of your body are much better able to withstand the force of a car crash without causing severe damage to your body. Don’t allow the shoulder belt to run along your neck. Instead, place it across the middle of your chest. Move the lap belt from your stomach to rest on your hips. Avoid moving the shoulder belt under your arm or behind your back. It can’t keep you safe if it’s not placed correctly. The fit of the seat belt matters. Before buying a new car or driving a rental, check to ensure the belt fits properly. If it doesn’t fit right, a belt extender or belt adjuster can be helpful. Pregnancy can make wearing a seat belt more uncomfortable, but buckling up is still essential to your safety and that of your unborn baby. The seat belt should still fit the same way during pregnancy, with the lap belt sitting below your belly and across your hips and the shoulder belt placed across the center of your chest above your stomach. Avoid letting your baby bump touch the steering wheel and leave as much room as possible between your bump and the wheel. Flickinger Sutterfield & Boulton Is Here For You No one is immune from accidents, even when you’re following all of the seat belt laws. If you or a loved one are involved in a motor vehicle accident, Flickinger Sutterfield & Boulton is here to help. Our personal injury lawyers are ready and available to assist you in the aftermath of an accident. Don’t try to navigate the legal process on your own. The trusted lawyers at our firm will help advocate for you every step of the way. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Contact us
6 Steps To Take After You’ve Suffered A Burn Injury
If you’ve burned yourself, here are some steps to take to heal from your burn injury. Properly caring for the wounded area will help it heal more quickly and minimize scarring. No one wants a scar if they can avoid it! How Severe Is Your Burn? The severity of your burn will determine how it needs to be treated. You can treat most minor burns on your own at home. But it’s a good idea to go to the doctor if your burn is severe or covers more than 10% of your body, as this could require more extensive treatment than you can do at home. Some burn injuries are so severe that you need treatment at a burn center. These burns cover large areas of skin and sometimes require skin grafts. It’s not unheard of to need a feeding tube, breathing assistance, or plastic surgery for severe burns. Treating Minor Burns If your burn injury is minor, you can most likely treat it at home. Here’s what you’ll need to do. Cool the burn. Don’t use cold water or ice cubes. Your tissue will be very sensitive from the burn, and anything cold could further damage it. Instead, use cool water. This will help ease the pain without hurting your tissue. 2. Take off your jewelry. If your burn is bad enough to swell, take off any jewelry you’re wearing. Otherwise, it might get stuck and need to be cut off. You’ll want to remove your jewelry immediately before swelling has a chance to kick in. 3. Leave blisters alone. You might be tempted to break a blister open, but you shouldn’t. The fluid in the blisters helps protect you from infection. Having said that, if a blister breaks, it’s essential to clean it with water and put ointment on it. 4. Use lotion liberally. You’ll want to keep your skin as moisturized as possible. A lotion with aloe vera or a moisturizer will help soothe your skin. Just wait until your burn has cooled down to apply the cream. 5. Put on a bandage. Protect the burn with a sterile gauze bandage. Avoid using fluffy cotton. Don’t securely tighten the bandage. Wrap it loosely so the burn can heal while being protected. 6. Take a pain reliever. A burn injury can be pretty painful, so we recommend taking an over-the-counter medication that contains ibuprofen, naproxen sodium, or acetaminophen. Following these six steps will help minor burns recover. If you’re in tremendous pain, we recommend going to the doctor for more intensive treatment. Flickinger Sutterfield & Boulton Did you suffer from a burn injury? It can be a terrible experience to go through, and one we hope you heal from quickly. Some burn injuries are from accidents, but another person’s negligence causes some. If someone else caused your burn injury, you might be a personal injury victim. Flickinger Sutterfield & Boulton is here for you. We’ve represented personal injury victims for over 25 years. Contact us today for your free case evaluation.
Dram Shop Laws in Utah
Alcohol-related accidents can be traumatic, but dram shop laws in Utah offer injury victims a powerful legal option to receive compensation. Dram shop laws hold establishments responsible to properly serve alcohol. Today, we are taking a closer look at how these laws work in Utah. What is Dram Shop Liability? Dram shop liability allows a car accident victim to pursue compensation against a bar, tavern, or restaurant for providing a drunk driver with alcohol. These laws are implemented at the state level, so each gets to decide the terms surrounding alcohol-related incidents. Violations of the Dram Shop Act Section 32B-15-201 of the Utah Code specifies that a vendor is responsible for injuries and damages in a DUI accident if the drinks were served under the following circumstances: The patron is under 21 They are already under the influence of drugs or alcohol They are a known interdicted person Utah Social Host Liability Laws According to the National Institute on Alcohol Abuse and Alcoholism, nine states, including Utah, have social host liability laws that are applicable to minors. These laws extend dram shop liability to cover social hosts who serve alcohol to minors at their own private parties. A social host cannot be held responsible for damages caused by an intoxicated adult, only a minor under age 21. A lot of elements come to play in these cases, so here is an example. Suppose Jane, a 20-year-old, attends a party hosted by her 23-year-old friend, Lucy, and liquor is served. If Jane causes an accident on the way home from the party, Lucy can be held liable by the victim that was involved in the crash. In this scenario, Jane would not be able to seek damages from Lucy, even if she was injured. Only the third-party individual can seek damages in an under-the-influence car accident. Statute of Limitations Like any other civil lawsuit, dram shop laws are controlled by a statute of limitations. This serves as a legal time limit in which someone can pursue legal action. The statute of limitations for dram shop laws in Utah is two years from the date of the incident. How a Lawyer Can Help A dram shop liability lawyer can help determine if an establishment or person breached their civil responsibility in some way that directly contributed to the accident or injury. Here are some ways this breach can occur: Serving alcohol to a patron who was already drunk Exceeding the cap amount Not requesting proof of age Serving an underage patron Providing alcohol after closing time A lawyer will work for you, protect your rights, and seek maximum compensation from all responsible parties. Contact Flickinger Sutterfield & Boulton Dram shop laws in Utah allow the victims of DUI accidents to pursue compensation from every party responsible. If you or a loved one have been injured in an alcohol-related crash, Flickinger Sutterfield & Boulton can help you receive the justice you deserve. We have offices in Saratoga Springs, Orem, Provo, and West Jordan, Utah. Reach out to receive your free case evaluation today.
What is Dram Shop Liability?
Dram shops were establishments that sold gin in 18th century England. Although the term is dated, there are dram shop laws that make a business or person liable if they provide alcohol to someone who was clearly intoxicated. This law may sound shocking, but an injured plaintiff (victim) can sue the bar, alcohol retailer, or citizen who served a defendant (perpetrator) an alcoholic beverage. Continue reading to learn more about these interesting dram shop laws. Information on Dram Shop Liability Dram shop liability refers to the civil liability that a car accident victim can impose against a bar or tavern for providing a drunk driver with alcohol. Surprisingly, this type of liability can also be extended to restaurants that sell alcohol. These laws are implemented at the state level, so each state decides how much or little it wants the establishment to be held liable for the actions of a drunk driver. Below are frequently asked questions regarding dram shop liability. Q: Does Utah Have Dram Shop Laws? A: In Utah, under certain situations, the injured victim may file a lawsuit against the business or person who provided the defendant with alcohol. When a case involves an alcohol vendor, it’s known as a dram shop claim. On the other hand, if it includes a social host who provides alcohol to a minor, it’s known as a social host liability claim. Section 32B-15-201 of Utah’s penal code states an alcohol vendor is liable for injuries and damages suffered by a victim in an alcohol-related accident if they “give, sell, or otherwise provide an alcoholic product” to someone who is: Under age 21 Already under the influence of drugs or alcohol “A known interdicted person” (someone who has been ordered by a court not to consume alcohol) A person who receives alcohol and causes an accident due to ingesting it Q: What is the Purpose of Dram Shop Liability? A: Since alcohol consumption can inhibit a person’s judgment, a drunk driver who causes a collision may be driving faster than a driver who isn’t impaired. Furthermore, the limits on an insurance policy might not be sufficient to fully compensate victims for their injuries. Q: How can I prove liability in a dram shop case? A: It can be challenging to prove that a business or social host is at fault under dram shop laws because everyone has different tolerance levels. For example, a bartender may not be aware that a patron is drinking on an empty stomach or may think the patron is walking home. Generally, to recover damages, the plaintiff must prove that the vendor should have known the defendant was so drunk, that more alcohol would increase the risk of danger to the patron and others with whom they come into contact. Flickinger Sutterfield & Boulton Can Help Dram shop claims are only available to third-party individuals who have been injured due to the provision of alcohol to a customer. An experienced dram shop liability attorney from Flickinger Sutterfield & Boulton can prove that an establishment or person acted negligently, resulting in the DUI accident that caused your injuries. Our team has the qualifications and resources necessary to handle your case. We have offices throughout Utah County and West Jordan. Schedule your free case evaluation today.
Accidents Involving Children
A Dedicated Child Injury Lawyer Can Pursue Just Compensation There is no question that injuries involving children are devastating. When the promise and hope for the future is significantly altered because of someone’s negligence, your life may be turned upside down. If you are struggling to find answers after your child has been injured, let us help. Experience Needed to Handle Child Injury Claims Flickinger Boulton Robson Weeks is the only law firm south of Salt Lake County dedicated solely to handling personal injury cases. Our legal team includes four experienced trial attorneys with more than 50 years of combined experience. While our firm is made up of experienced lawyers, we are also parents. We provide unwavering support to help families protect their children’s best interests. We understand the sensitive nature of personal injury claims involving children. When you select our firm, you will be backed by a strong advocate and compassionate counsel of a child injury lawyer. Contact our Utah child injury lawyer to learn how we can help assert your rights during a free initial consultation. Provo Child Injury Attorneys Determining Liability Determining the cause of accidents involving children can be very complicated. Children are often reluctant to say what happened, thinking they could get themselves or someone else in trouble. Other times, babies and toddlers may not recall or be able to explain what happened. At Flickinger Boulton Robson Weeks, we understand the sensitive nature of personal injury claims involving children. Our legal team conducts thorough investigations without putting children at the center of the investigation. Instead, we rely on expert testimony and witness statements to help us build strong cases. We also review maintenance records and safety recalls when considering every angle possible to determine fault. Recovering Maximum Compensation for Injured Children Whether your child suffered broken bones or more serious, life-altering injuries, our approach is the same. We devote our time and resources to making sure your child is well compensated and cared for throughout his or her life. A child head injury or a child brain injury may require a lifetime of medical care. We don’t think you should be put on the brink of bankruptcy to pay for medical expenses stemming from someone else’s negligent actions. We develop strong personal injury claims taking into the full amount of compensation you may need for surgical expenses, physical therapy, rehabilitative care or other necessary expenses to possibly make your home handicap accessible. Child injuries can also result in substantial emotional trauma. We have what it takes to help you recover compensation for any pain and suffering your child has endured. Every personal injury claim is fact specific. We will take every measure possible to help you secure a full financial recovery based on your child’s needs.
Examples of Personal Injury Claims
A personal injury claim takes place when some are injured due to someone else’s actions. The person who caused the injury, whether intentional or not, can be held legally liable if they are guilty of neglect. Most personal injury claims are handled through an informal settlement, but in some cases, they can formalize in civil court. If an individual file a civil complaint against other persons, business, or group claiming that their actions or negligence led to a personal injury, a formal lawsuit will occur. Wrongful Death Claims In the case of wrongful death claims, any family members or dependents of the deceased that were left be behind may be financially compensated for their loss. If a person is killed because of another person or party’s negligence, they can be held legally and financially liable for the death. A wrongful death claim can only be successful if it can be proven that the defendant was negligent. The defendant’s actions have to have been negligent and directly lead to the death of the victim. Wrongful death claims can help to ease the financial burden often left behind in the case of accidental death. Premises Liability Premises liability are cases when the owner of a property may be held legally liable for any damage or injury that took place on their property due to their negligence. An injury that occurs on someone else’s property alone is not enough to file a claim, you’d need to be able to prove that the injury was due to the property owner’s negligence. For example, if there is a wet floor and no sign is posted to proceed with caution, then a fall occurs, the owner could be held liable. Slip, Trip, and Fall Claims Many slip, trip, and fall cases fall under premises liability. A slip, trip, or fall can happen anywhere, but if the owner of the property where it occurred was negligent, they can be held liable for any potential injuries. One example of this may be when a property is covered in snow and ice after a blizzard. This would make the premises very dangerous. If there has been adequate time to clear it off and the owner has neglected to do so, and someone is injured from a slip, trip, or fall, they could be charged with negligence and help liable. Auto Accidents There are often injuries involved in auto accidents. Whether it be a car, motorcycle, RV, bus, boat, or any other vehicle-related accident, it can be extremely dangerous. In these cases, the most common personal injuries are usually back and neck related or brain trauma. Similar to other personal injury cases, for a personal injury case in relation to an auto accident, the victim must prove that the defendant was negligent and that their action directly led to harm or injury. If the defendant has been proven to be at fault for the accident, they may be liable for any personal injuries you or other passengers may have occurred as a result of the incident.
Personal Injury Cases and Depositions
If you are harmed as a result of another person’s negligence, it’s important that you seek the assistance of Flickinger Sutterfield & Boulton. An experienced accident attorney and injury lawyer from our law firm can help you navigate the legal process. Depositions are an important part of building and evaluating a legal case. Our Provo, UT personal injury attorneys would like to go over the basics of depositions and why they matter. What Is a Deposition? A deposition is an out-of-court interview with a witness in a personal injury case. This sworn witness testimony becomes part of a written transcript that can be referenced while building a case and during the trial itself. Lawyers will conduct these interviews themselves rather than representatives of the court. The interviews may be conducted at a law office, in a conference room, or in other locations as needed. The Importance of Depositions As you might have gathered, depositions are an essential part of preparing for trial. Taking these witness accounts allows lawyers to learn what happened and construct the best possible case for their client. The deposition process could even lead to a settlement depending on the nature of the witness testimonies that are gathered. Establishing Consistency for the Trial Since the sworn deposition can be referenced during the trial, this can help ensure consistency in a witness’ story. If there are inconsistencies with a witness’ statements in a deposition and during a trial, this can be pointed out. This means of referencing consistency helps prevent lying and fabrications during a trial. Measuring the Strength of a Case While taking witness testimonies, lawyers can determine potential weaknesses in their case. Evaluating the strength of a case or modifying a legal strategy thanks to depositions helps ensure a fair trial, and could even lead to a legal settlement. Ultimately, consistency and soundness can be determined thanks to the deposition process. Will My Personal Injury Case Go to Trial? Not necessarily. While there are many personal injury trials each year, the vast majority of cases are settled out of court. This could happen through mediation, or it may be arrived at when lawyers decide to settle as part of the deposition process. Your attorney can determine if settlement or trial is in your best interests. How a Personal Injury Lawyer Can Help As you can imagine, the legal process presents a number of challenges to people who are not familiar with how it works. By working with a skilled lawyer, you can have peace of mind during every stage of the legal process. Your attorney will be able to tell you how strong your case is, and if it’s worth going to trial. This peace of mind can prove invaluable as you are recovering from an injury. Contact Flickinger Sutterfield & Boulton For more information about the personal injury lawsuit process and why it is so important, be sure to contact our team of personal injury lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help. You can reach our Provo office by phone at (801) 753-1616.
Personal Injury Mediation: About The Process
The Provo, UT attorneys of Flickinger Sutterfield & Boulton are more than willing to see a case through to trial. The process can be long and difficult, but we remain committed to our clients and helping them in their time of legal need. That said, many cases avoid going to trial thanks to voluntary mediation. This allows both sides of a case to potentially settle out of court. Our team of skilled personal injury lawyers have experience with trials, mediation, and settlements. We’d like to go over some considerations regarding mediation that can prove important in your case. Who Is the Mediator? A mediator is a neutral party who helps the two sides of a lawsuit reach a mutually agreeable resolution to a case, most of the time through a legal settlement. In their role, mediators cannot make decisions or offer opinions. The mediator can simply present facts, and is present to relay information between parties. Many mediators are often retired lawyers or judges, which means that they are familiar with the legal process and what could be at stake in your personal injury case. How Long Will the Mediation Process Take? This can vary from case to case. Sometimes mediation only takes a few hours, while other times it can stretch on for multiple days. Going back and forth between parties can take time, especially if each party is adamant about their position. What to Expect During the Mediation Process Some common expectations during the mediation process include: Expect to Disagree with the Opposing Side – When hearing from the opposing attorney, it’s likely you will hear an opinion of the case that’s completely at odds with the case your lawyer is presenting. This is normal and to be expected at the beginning of mediation. Expect a Process of Compromise – Both sides of the case will likely start out with different offers to resolve the case out of court. As the mediator goes back and forth between the parties, expect there to be concession and compromises made on both sides. Expect Impartiality from the Mediator – Remember that the mediator is not on anyone’s side during this process. As a neutral third party, the mediator favors no one and simply allows each side to be heard and proposals to be considered. The Benefits of Mediation Over Going to Trial There are three primary benefits of resolving a case through mediation as opposed to going to trial: Settles Matters Outside of Court – If you would prefer your case to be resolved in private without the details being made public, mediation can help keep the matters outside of the public record. This can be helpful if you would prefer certain details or personal information to not be known. Faster Resolution of a Legal Case – A full jury trial can take several months or even years to finish. The mediation process is far shorter by comparison, allowing you to have matters resolved in a much quicker fashion. Less Expensive Than a Full Trial – Since the case if resolved much quicker, that means lower legal fees for both parties. This is important to consider if a lengthy trial is expected for your case. Contact Our Personal Injury Attorneys For more information about mediation in a civil lawsuit, be sure to contact our team of personal injury lawyers. The legal team at Flickinger Sutterfield & Boulton is here to help you. You can reach our office in Provo at (801) 753-1616.