Personal Injury
Civil Lawsuits
Personal injury law is the civil legal processes around a person’s injury. These are civil lawsuits, not criminal, which means they result from some sort of wrongful conduct that isn’t against the law. In a criminal case, the government (or state or city) brings charges against a person for violating a law. In a civil case, a private citizen seeks compensation for the harm (injury) caused by someone else’s actions.
(Note: If you are injured at your place of work, read about Worker’s Comp law here).
The most common types of personal injury legal cases surround claims made about slips and/or falls, dog bites, and car accidents. For example: if someone’s dog bites your child, you may hire an attorney and sue the dog owner.
Two key types of personal injury lawsuits include:
- Filing a personal injury lawsuit in a court
- Making an injury claim with an insurance company
If you or someone you love is injured in a situation like those mentioned above, seek legal advice immediately. Utah laws limit the amount of time you have to seek compensation and it is imperative that you act on your rights to legal assistance before time runs out.
Slips and Falls
A slip and fall accident at a retail store can not only ruin an enjoyable day of shopping with friends or family, but can also wreak havoc on long-term health. Retail store floors commonly made of laminate are extremely slippery when wet and not always well-marked. A slip and fall on these floors can easily lead to broken hips or back injuries, which inevitably means an extended absence from work (resulting in lost wages) and expensive hospital bills or insurance charges.
Dog Bites
A pet may be fun and friendly, but a pet is still an animal with teeth and claws. Utah law holds a dog owner liable whenever that dog bites someone. This extends to the keeper or holder of the dog, which means a dog walker out with someone else’s dog or a child taking a family dog for a walk.
Utah Code Section 18-1-1. Liability of owners:
(1) Every person owning or keeping a dog is liable in damages for injury committed by the dog, and it is not necessary in the action brought therefor to allege or prove that the dog was of a vicious or mischievous disposition or that the owner or keeper of the dog knew that it was vicious or mischievous.
If you or a loved one are bit by a dog, seek medical help immediately and then talk to a lawyer specializing in personal injury about your rights for compensation. Keep in mind, a relative of the dog bite victim may also pursue legal action to recover damages for distress caused by the incident. That person must have been within the “zone of danger,” must be a relative of the victim, and must be able to argue that the dog owner/handler should have realized his actions involved an unreasonable risk of causing distress or illness.
Car Accidents
Utah law follows what is called a “no-fault system” for car accidents. This means it is assumed that a person’s insurance company will provide coverage for medical expenses resulting from a traffic accident. This rule stands no matter who was at fault in the accident.
This rule can be questioned if your case meets a “serious injury” threshold. That threshold isn’t defined by Utah law, making it a starting point for negotations with the opposing party if you and your attorney believe that your injuries qualify.