What should I do immediately after a personal injury accident in Salt Lake City?
Get medical attention right away, even if you feel fine. Injuries like concussions or internal bleeding don't always show symptoms immediately.
Document everything at the scene if you're able. Take photos of your injuries, property damage, and the accident location. Get contact information from witnesses and the other party involved.
Report the incident to the proper authorities. Call the police for car accidents, notify property owners of slip and falls, and file reports with your insurance company. Keep copies of all medical records, bills, and correspondence related to your injury.
How long do I have to file a personal injury claim in Utah?
You have four years from the date of injury to file a lawsuit under Utah Code § 78B-2-307. This deadline applies to most personal injury cases, including car accidents, slip and falls, and dog bites.
Some exceptions can shorten or extend this timeframe. Claims against government entities require notice within one year. Cases involving minors may have extended deadlines until the child turns 18.
Missing the statute of limitations means losing your right to compensation entirely. Contact an attorney early to protect your claim.
How much does a personal injury lawyer cost in Salt Lake City?
Most personal injury attorneys work on contingency, meaning you pay nothing upfront. The lawyer only gets paid if you win your case, typically taking 33-40% of your settlement or verdict.
This arrangement makes legal representation accessible regardless of your financial situation. You won't pay hourly fees, retainers, or out-of-pocket costs for case expenses.
Ask potential lawyers about their specific contingency percentage and whether it increases if the case goes to trial. Also confirm who pays for case expenses like expert witnesses and court filing fees.
What types of compensation can I recover in a personal injury case?
Economic damages cover your measurable financial losses. This includes medical bills, lost wages, future medical care, property damage, and rehabilitation costs.
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. Utah doesn't cap these damages in most personal injury cases.
Punitive damages may be available if the defendant's conduct was willfully malicious or intentionally fraudulent under Utah Code § 78B-8-201. These are rare and meant to punish especially egregious behavior.
Will my case go to trial or settle out of court?
Most personal injury cases settle before trial, with over 95% resolving through negotiation. Settlements save time, reduce stress, and provide guaranteed compensation without trial uncertainty.
Your lawyer will negotiate with insurance companies to reach a fair settlement. If negotiations fail, filing a lawsuit and preparing for trial often motivates insurers to make better offers.
Going to trial takes 1-3 years and involves more risk, but sometimes it's necessary to get fair compensation. Your attorney will advise whether a settlement or a trial serves your best interests.
How do I know if I have a valid personal injury claim?
You need three elements for a valid claim: duty, breach, and damages. The defendant must have owed you a duty of care, violated that duty through negligence or wrongful conduct, and directly caused your injuries.
Common valid claims include car accidents caused by distracted driving, slip and falls on poorly maintained property, medical malpractice, defective products, and dog bites. The key is proving the other party's fault and documenting your injuries.
Utah follows modified comparative negligence under Utah Code § 78B-5-818. You can recover damages as long as you're less than 50% at fault, though your compensation is reduced by your percentage of fault.
What questions should I ask when comparing personal injury lawyers?
Start with experience: How many cases like mine have you handled? What were the outcomes? Ask about their trial experience, not just settlement negotiations.
Inquire about their approach to your specific case. What's their initial assessment? What challenges do they foresee? How will they communicate with you throughout the process?
Discuss logistics and resources. Who will actually work on your case—the attorney you meet or a junior associate? Does the firm have resources to handle complex litigation and hire expert witnesses? What's their current caseload?
How long does a personal injury case typically take to resolve?
Simple cases with clear liability and minor injuries often settle within 3-6 months. These involve straightforward rear-end collisions or falls with documented injuries and cooperative insurance companies.
Complex cases take 1-3 years, especially if liability is disputed or injuries are severe. You'll need time to reach maximum medical improvement before settling, ensuring you don't accept less than you deserve.
Cases that go to trial add 1-2 years to the timeline. Factor in court schedules, discovery deadlines, and potential appeals when evaluating whether to settle or proceed to litigation.
What makes a personal injury lawyer stand out in Salt Lake City?
Track record matters most—look for proven results in cases similar to yours. Ask about their settlement amounts and verdict history, particularly in local courts where they understand judges and opposing counsel.
Resources and team strength separate top lawyers from the rest. The best firms have investigators, medical experts, accident reconstructionists, and support staff to build compelling cases.
Client communication and personal attention distinguish excellent attorneys. You want a lawyer who returns calls promptly, explains legal concepts clearly, and treats you as a partner rather than a case number.
Can I still recover compensation if I was partially at fault for my injury?
Yes, Utah's modified comparative negligence rule allows recovery if you're less than 50% responsible. Your compensation reduces by your percentage of fault under Utah Code § 78B-5-818.
For example, if you're awarded $100,000 but found 20% at fault, you'd receive $80,000. However, if you're 50% or more at fault, you cannot recover anything.
Insurance companies often exaggerate your fault to reduce payouts. An experienced lawyer fights these tactics by gathering evidence, interviewing witnesses, and presenting facts that minimize your liability.
Should I accept the insurance company's first settlement offer?
No—initial offers are almost always below your claim's true value. Insurance adjusters count on you accepting quickly before understanding the full extent of your injuries and damages.
Wait until you reach maximum medical improvement before settling. You need a complete picture of your medical costs, lost wages, and future care needs.
An attorney can evaluate whether an offer is fair based on similar cases, your actual damages, and negotiation leverage. Once you accept a settlement, you typically cannot pursue additional compensation even if complications arise later.
What's the difference between a personal injury attorney and other lawyers?
Personal injury lawyers specialize in tort law and focus exclusively on injury cases. They understand medical terminology, accident reconstruction, insurance tactics, and how to prove negligence and damages.
General practice attorneys handle multiple areas like estate planning, contracts, and criminal defense. They lack the specialized knowledge and experience needed to maximize personal injury compensation.
Trial experience matters significantly in personal injury work. Attorneys who regularly try cases earn respect from insurance companies and often secure better settlements because insurers know they're willing and able to go to court.
How do personal injury lawyers investigate my case?
Your attorney starts by collecting all available evidence from you, including medical records, police reports, photos, and witness statements. They'll also request surveillance footage, cell phone records, and maintenance logs relevant to your accident.
They work with experts to strengthen your claim. Accident reconstructionists recreate collision dynamics, medical experts explain your injuries and prognosis, and economists calculate lifetime financial losses.
Lawyers also investigate the defendant's history. Prior accidents, safety violations, or similar complaints can demonstrate patterns of negligence and support higher compensation or punitive damages.
What red flags should I watch for when choosing a personal injury lawyer?
Avoid attorneys who guarantee specific outcomes or promise unrealistic compensation amounts. No honest lawyer can predict results with certainty because each case depends on unique facts and circumstances.
Be wary of lawyers who pressure you to sign quickly or discourage you from consulting other attorneys. Reputable lawyers welcome informed decisions and won't use high-pressure sales tactics.
Watch for poor communication from the start. If an attorney is hard to reach during initial consultations, they'll likely be unavailable throughout your case. Also, question lawyers with complaints through the Utah State Bar or negative patterns in online reviews.
Do I need a lawyer if the insurance company seems cooperative?
Yes—insurance adjusters work for their company, not you. Even friendly adjusters aim to minimize payouts and may use your statements against you later.
Without legal representation, you risk undervaluing your claim. Lawyers know how to calculate future medical costs, lost earning capacity, and non-economic damages that adjusters often ignore or minimize.
Having an attorney levels the playing field. Insurance companies take represented claimants more seriously and typically offer significantly higher settlements, knowing you have legal expertise backing your demands.
