Personal Injury Law in Provo, UT
There are many challenges to face after a personal injury in Provo. You may be faced with a multitude of questions, a pile of medical bills, and an uncertain future.
Personal injury law provides a way for you to seek justice and compensation. However, understanding how it applies to your situation can be complex. This is where an experienced local attorney can make a world of difference.
Visualize a future where you don’t have to bear the financial burden caused by another’s negligence. Now, start to make it a reality by reading our guide carefully today.
What Is Personal Injury Law?
Personal injury law in Provo pertains to the legal procedures involved in seeking compensation for injuries. Such cases involve the plaintiff seeking expenses and damages due to the defendant’s negligence. Insurance companies of both parties play a role in these cases and, in many instances, they reach an early settlement.
Examples of Personal Injury Claims in Provo, UT
Certain types of personal injury claims are more prevalent than others. Nonetheless, nearly any incident resulting in physical or mental harm may qualify for a claim.
The most frequent incidents that lead to personal injury lawsuits include the following:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Workplace accidents
- Product liability
- Assault and battery
- Dog bites
- Wrongful death
Most Common Injuries in Provo
The Utah Department of Health & Human Services states that unintentional injuries are the leading cause of death and disability. As of 2020, the most frequent incidents were the following:
- Motor vehicle accidents
- Drowning or submersion
Steps in a Personal Injury Lawsuit in Provo, UT
There are predictable steps to take after you decide to start a personal injury lawsuit in Utah. Additionally, there are hyper-specific procedures and timelines that make it necessary to have an attorney.
The primary step is to establish the negligence of the party responsible for your injury. While this may seem straightforward, it is important to recognize that the court requires evidence. Prior to initiating a lawsuit, your legal team will gather details to support your assertions.
Proving negligence in Utah requires four key elements: duty, breach, causation, and damages. The party at fault must have owed a ‘duty of care’ to the injured party. Then, they must breach that obligation through actions or omissions. This action, or lack thereof, must have resulted in the injury.
The Court Process in Utah
The initiation of a lawsuit occurs when a complaint goes to the court system. This action asserts your position as the plaintiff. As the legal process progresses, you may have to participate in depositions, medical evaluations, and produce documents. This extensive discovery process ultimately concludes with either a settlement or a trial.
Negligence cases from Provo follow a structured process that includes several key steps. Generally, you can expect the following:
- Filing a civil complaint
- Receiving an answer from the defendant
- The discovery phase, which may include depositions, interrogatories, and requests for documents
- Pre-trial motions to resolve issues remaining before trial
- Going to trial
- Filing an appeal if you lose the case
Utah Personal Injury Settlement
Insurance companies and the injured parties usually have many negotiations in these cases. Accordingly, you may question whether they have offered an appropriate amount.
The CDC offers some notable perspective on how much injuries cost Provo residents. The statewide out-of-pocket costs for older adult falls are around $41 million. The costs for Medicare and Medicaid were well over $100 million.
If the other party has insurance, their carrier will try to reach a settlement out of court. Most businesses prefer to avoid the unpredictability of a courtroom. Moreover, settlements can be advantageous for both parties. You can receive compensation promptly and the defendant saves on court expenses. It is also notable that there is a risk of not receiving compensation at all after a trial.
Damage Awards in Utah
Your legal team will request damages if your personal injury lawsuit in Utah goes to a court trial. There are three types of awards the judge may order if the defendant is liable.
Special compensatory damages aim to reimburse you for specific losses. Examples include lost income, medical expenses, and insurance deductibles. You would provide receipts and documentation as evidence of the incurred losses to support these claims.
General compensatory damages, on the other hand, are more subjective. These account for intangible factors such as the pain and suffering experienced due to the injury.
Punitive damages, although relatively uncommon, are at the discretion of the court. The judge may assign them in exceptional cases where the defendant’s negligence is particularly egregious.
Utah does not have a general cap on damages in personal injury cases. This means there are no limits on the amount you can receive for costs like medical bills.
However, Utah law does have a cap on non-economic damages in medical malpractice cases. As of May 2010, you can only receive $450,000, adjusted annually for inflation.
Statute of Limitations in Provo, UT Personal Injury Law?
There is typically a specific timeframe within which the injured party must file a lawsuit. State law determines these statutes of limitation. In most cases, they begin either from the date of the injury or its discovery. However, the latter scenario can be more complex, because the plaintiff would need compelling evidence.
The statute of limitations for most personal injury cases from Provo is four years from the injury. But there are exceptions and different rules for certain types of claims.
It is strongly advised to consult with a personal injury attorney regarding your situation. It is essential not to delay seeking legal assistance to ensure you do not miss out on rightful compensation.
Work With an Experienced Provo, UT Lawyer
If you have sustained an injury, consider pursuing a personal injury claim in Provo. Our team of skilled lawyers is available to assist you in navigating your claim with expertise. We can even help you connect with an attorney across Utah state lines.