After an accident or injury, you are likely wondering if you have options to receive compensation. Figuring out whether you have the ability to file a personal injury lawsuit is a complicated process.
We can help you determine if you have a case…
EVERY SITUATION IS DIFFERENT
Even if you were badly injured, you may not have a valid case for a personal injury suit in Utah.
The best way to figure out if you have a case is to schedule a consultation with a personal injury attorney.
At Flickinger Boulton Robson Weeks, we offer free case evaluations to help determine whether you can collect compensation after an injury or accident.
In general, there are a few basic questions you can ask to assess the validity of your claim, including:
- Did you suffer a personal injury?
- Were your injuries the direct result of another person or entity’s negligence?
- Are there recoverable damages in your case, such as costly medical care, property loss, or loss of income?
What Counts as a Personal Injury?
As a legal term, personal injury refers to any injury to your body, mind, or emotions.
While your case may involve compensation for property damage, there must be a significant physical or psychological injury for you to have a legally recognized personal injury case.
For example, if you slipped and fell in a store and sustained a concussion or brain injury, you have suffered a personal injury and may have grounds for a lawsuit.
In contrast, if you were rear-ended and the accident only caused minor damage to the vehicle and no injuries to your person, this incident likely does not qualify. However, you can still pursue compensation from an insurance company or in small claims court.
Once you have established that you suffered a personal injury, the next step is identifying who is responsible for it.
PROFESSIONAL, HONEST, AND EFFICIENT
“Flickinger Boulton Robson Weeks are an excellent group of lawyers. They worked together to help me with my case. All their staff is professional, honest, and efficient. I was impressed with their service. Because of them, I was able to receive all the medical care and money that I deserve for the injured that I suffered.”
Liz N.
Understanding Negligence
AND HOW IT RELATES TO YOUR CASE
In order to pursue a lawsuit for a personal injury, there must have been negligence on the part of another person or entity, such as a business or organization.
Negligence essentially means “failing to take proper care.” If a person or entity acts in a careless manner and an injury results, they may be legally responsible, or liable, for any resulting harm.
There are three main components to a negligence claim, each of which needs to be proven in order to establish that a certain person or entity is liable for your injury:
Duty
You will need to prove that the defendant had a legal duty to act in a certain way towards you. For example, doctors and other medical professionals are required to treat their patients with a certain level of care.
Breach
The next step is showing that by acting or failing to act in a certain way, the defendant breached that duty. If a driver gets behind the wheel while under the influence, they are not fulfilling their duty towards other drivers.
Causation
In order to have a claim, you must also be able to directly link the actions, or failure to act, of the defendant to your injuries. This is why evidence is so important, whether that be photos, testimonies, or other forms.
Recoverable Damages
The final step in figuring out whether you have a case for a personal injury lawsuit is to determine if your injuries can be remedied by monetary damages.
Damages refer to a sum of money awarded as compensation for your injuries or other losses.
The best way to assess whether you have recoverable damages in your case is to speak with a personal injury attorney.
If you can establish negligence, the court may award you a sum of money to address:
- Medical bills
- Wages lost during recovery
- Physical pain
- Emotional suffering
- Reduction in your earning ability
- Changes to your home or vehicle
- Diminished quality of life
- Loss of support or companionship
WONDERFUL PEOPLE
“The attorneys and staff are professional and friendly, and work hard to create the best results for their clients. I have recommended FSB to friends and family in the past and will continue to do so if the need arises. Wonderful people!”
Skye S.
Other Questions to Consider
BEFORE FILING A LAWSUIT
In addition to these main concerns, there is a range of other aspects our attorneys consider before moving forward with a lawsuit.
- Will you be able to collect? If the individual responsible for your injuries does not have any assets, it can be difficult – even impossible – to collect compensation if you win your case.
- Are you within the statute of limitations? Different types of cases have specific time limits for filing a lawsuit. For example, in Utah, the statute of limitations for injuries sustained in a car accident is four years.
- Can we prove the case? It is not enough to “know” that someone is responsible for your injury. You need proof, such as documents, records, testimony, and other evidence.
- Will the recovery outweigh the costs? For relatively “small” injuries, it may take more money to pursue a lawsuit than you can reasonably recover. Our team will provide a fair assessment of what you can expect from your case so you can determine whether or not to pursue it.
Find Out If You Have a Case
While you can make a basic assessment of your case based on this information, the best way to find out if you have grounds for a lawsuit is to schedule a free case evaluation with our team.
At Flickinger Boulton Robson Weeks, we work hard to tailor our legal services to the needs of our clients. Whether you simply need help negotiating with the insurance company or want to pursue a lawsuit in court, our team can help you collect what you deserve.
Our firm has been representing clients throughout Utah since 1993. There are no upfront fees for hiring our attorneys and we do not collect unless you do.
Contact our office online or call our Provo location at (801) 500-4000 to learn more about your legal options today.