James R. Balmforth: Utah Personal Injury Lawyers

Personal injury lawyers help individuals who have sustained injuries in accidents to recover financial compensation.

These funds are often needed to pay for medical treatment, make up for lost wages, pain and suffering, and provide compensation for injuries suffered. Personal injuries Lawyer specialize in tort law, which covers all civil litigation for injuries or wrongdoings resulting from negligence. The main goal of personal injury lawyers who practice tort law is to make their client (the injured “plaintiff”) whole again and discourage others from committing a similar offense. Common examples of personal injury practice areas include motor vehicle accidents, slip and fall accidents, defective products, workplace injuries and medical malpractice. A personal injury lawyer can help in a number of different judicial forums. For example, he or she may help with informal negotiation with the insurance company before or after a case is filed in court.

Alternatively, they may help litigate a case if the settlement offer is not satisfactory to the client or the claim is denied. However, personal injury lawyers can also help in other types of forums such as alternative dispute resolution. Arbitration may be required if the victim’s own insurance company is involved. This involves presenting a case in front of a neutral arbitrator who makes a binding decision. Mediation consists of the victim and the person responsible for the injury working together to reach a solution out of court with the help of a third-party neutral. (See more on mediation and arbitration.) The law defines personal injury as an injury to the body, mind, or emotions. This is in contrast to an injury to property. Personal injury lawsuits fall under US civil and tort law. Tort law concerns acts that cause harm but are not necessarily illegal as with criminal law.

Personal injury lawyers, also known as plaintiff lawyers or trial lawyers deal with cases concerning:

• Personal injury resulting in serious injuries or death of a family member
• Medical malpractice and harm
• Cases of assault and battery
• Insurance companies’ refusal to pay for medical expenses of the injured party or whose coverage is less than what was contracted
• Slander, libel and defamation
• Product fault and liability
• Injuries occurring while on the land or premise of the accused party

Tips on Choosing Great Personal Injury Lawyers

Many people in Utah rely on personal injury attorneys to help them claim compensation for their loss, accidents or injuries. They also provide an opportunity for people to rebuild their lives following an unfortunate accident or injury. If others have been negligent, reckless, have committed malpractice or have even deliberately acted in a way that has caused you unnecessary and undue suffering, that’s when you need to be thinking about claiming compensation. Such compensation can cover any lost wages that you would have earned had you not been injured, medical expenses incurred and costs for disability, defamation, emotional suffering or various other categories of loss. Some of the most common types of injury claim in Utah include accidents at work (where you’d sue your employer/their insurer), road traffic accident claims (where you’d sue the driver responsible for your accident/their insurer), slips/falls in public places and medical malpractice. There are, of course, many other types of accident claims, some of which are very niche and for which specialist types of personal injury lawyers should be considered. What will your personal injury attorney do if you instruct them? They’ll investigate your claim fully, acquire all relevant evidence, research the relevant law, draft pleas, interview witnesses, advise you as their client, negotiate to try to claim for you the maximum amount of compensation you could claim and more. Most personal injury lawsuits settle outside of court so not all personal injury attorneys will have a good deal of trial experience. Given that there are tens of thousands of personal injury Lawyers in the Utah today, finding one locally, with great experience, knowledge, reviews and testimonials can be tough.

Some of the questions you should ask yourself when looking for your injury Lawyer are:

• Are they licensed?
• How much experience do they have for your type of claim?
• How many great online reviews / testimonials do they have?
• What accreditations do they have?
• Are they specialists in the area of personal injury claim that you need?
• Have they won any awards?
• Do they offer no win no fee or other enticing feeing arrangement?
• Do they offer a free initial legal consultation?
These are just some of the questions you should be asking. It’s also best to visit several and acquiring various quotes before making your mind up about who to instruct.

How A Personal Injury Lawyer Can Help You

The idea of talking to a personal injury lawyer may be intimidating to some individuals. Once you’ve been hurt and you know someone else is at fault, but maybe you think addressing the issue on your own is easier. Your thought may be to submit an insurance claim and wait for the payment to be made. However, there are many ways a personal injury lawyer can significantly enhance your chance of getting paid for your medical bills and other damages incurred. Sometimes personal injury claims can be very complicated, most especially if multiple parties are involved in the collision. It can also be complicated to make claims if your injuries are severe and will require treatment for a long duration, or lead to some degree of disability. A personal injury lawyer can help to ensure that you get a fair settlement for your claim. If you handle it all alone, there is high tendency of getting less than your claim is actually worth. Once you hire a personal injury attorney, your attorney can take care of the case and also deal with the necessary details while you concentrate on recovering from the injuries you sustain and also take care of your family. There are some steps along the process after your accident where an experienced Utah personal injury lawyer can be valuable. There is need for you to gather evidence to support your allegations that the other person caused your accident, and that you have sustained injuries that can be compensated financially whenever you have an accident and want to make a claim for your injuries. A personal injury lawyer will know the kind of evidence you need, how to source for such evidence, and how to prove with the evidence that the other person’s recklessness, negligence, or intentional actions caused your injuries. Your lawyer should also have a set of experienced people who can assist with the various aspect of the investigation. Such individuals may include a physician who can perform an assessment on your injuries, an accident reconstruction expert, or an appraisal that can assist to determine the value of the damaged property. After gathering all the evidence, your lawyer will put it into writing as a demand letter to the insurance company of the individual that caused your injuries.

The demand letter will state clearly what happened to you, how you are affected, and also make a demand for the compensation owed to you based on such facts and evidence. The demand letter is the first step to take in the process of negotiation. A good personal injury attorney brings to the negotiations knowledge of Utah law, insurance policies, and the claims processes, as well as an understanding of the approach most insurance companies use to try to minimize the amount they pay out. Your lawyer can negotiate on your behalf based on his or her knowledge so as to get a reasonable settlement for you. A lawsuit may become necessary if the insurance company refuse to pay you. A good personal injury lawyer brings your case to the state and federal court where your case will be heard, including working with judges, clerks, and the lawyer who may be representing the other side. Your lawyer will also be with you through every step of the litigation process, from writing and filing the complaint to trying the case in the court. Your claim may end up hinging some part of Utah or federal law, in which case you would want an attorney who understands the law in details and can make the best possible arguments on your behalf. When you or a family member have experienced personal injury caused by an individual or corporate entity, you will be faced with a multitude of concerns not normally considered in daily life. Questions will arise around medical bills, compensation, insurance coverage, and whether hiring a lawyer is going to be necessary. At a time when you are feeling your most vulnerable, these complex logistical details can become an overwhelming burden.

Thankfully, there is help. There are two parts to any personal injury or wrongful death claim. The first part is a liability question. Is the other person or corporation responsible for the damages that have been done? The second part of the claim is about damages. This is a description of how much the injured party has lost, and therefore how much they are due. By determining who is going to be liable and the severity of the damages, the basis of a personal injury case is outlined. This guide to personal and bodily injury claims is designed to provide you with an overview of the procedure, and give you an idea of what to expect as you make your way through the maze of the personal injury legal world.

Types of Personal Injuries

Personal injury claims are made in a civil court. This is different than most of the court cases we see in movies and TV shows, which feature a criminal court. In criminal cases, the state brings forward a case against the alleged perpetrator of the crime, in order to determine if they are guilty or not guilty. The state asks the court to provide punishment for the criminal based on their unlawful acts. It is important to be aware that civil court is quite different from criminal court. In civil law for personal injury, the individual who has been injured sues the responsible party and a case is made against the person or organization who is blamed for the injury. The injured party asks for a monetary award to compensate them for their losses. Although money cannot bring back someone’s health after an injury, or fully restore someone’s reputation after being slandered, it can pay for medical care or lost wages. “Pain and suffering” monetary awards will compensate the injured party to some extent, but they are not specifically designed to punish the responsible party. The legal question to be considered in a personal injury case is whether or not the defendant is actually responsible for causing injury to the aggrieved party. If you have been injured, it is important to determine if you have been injured wrongly. If a person or a business is in any way responsible for your injury, you could decide that a legal claim for damages is appropriate. Be certain to discuss your situation with a personal injury lawyer, such as those at Acadia Law Group, in order to understand your options. Not every injury is wrongful, and not every personal injury will be legally compensated.

These are some of the most common types of situations that can cause most personal injuries, although this list is not comprehensive.

Auto Accidents: A car accident is the most common type of personal injury claim. Many medical issues arise, both temporarily and permanently, for those who have been involved in an auto accident. This includes drivers, passengers, bicyclists, and pedestrians. Repairs to vehicles, medical costs, lost wages and many other losses are part of auto accident claims.
Slip and Fall: In a Slip and Fall case the injured person sues the property owner for a lack of maintenance of their premises. There must be enough negligence to cause adequate danger of the injury.

Dog Bites: Dog owners are generally responsible for any injuries caused by their dogs. The laws vary from state to state, but a claim for a loss due to a dog bite can be made in all 50 states. Usually these only include medical bills, but they could include lost wages or other damages.
Medical Malpractice: If a healthcare professional is negligent in their care of a patient, a medical malpractice claim may be in order. The laws are very specific, and vary state to state. You will need to prove that not only was the care provider was negligent, but that their negligence caused your injury, and that there is a specific loss as a result.
Toxic Tort: Exposure to a dangerous chemical that causes an injury with a loss is called toxic tort. This could be contaminated water, work related chemicals, or even medications.

Assault, Battery, and Intentional Torts: When someone has been tried or convicted of assault or battery in criminal court, they can then be sued by the injured party in civil court. The injured party can claim damages, no matter if the harm was accidental or intentional.

Defamation of Character Through Libel or Slander: You can make a personal injury claim if someone lies about you and your reputation is injured. There must be a loss incurred, the same as other personal injury cases. Stating an opinion is not considered defamation, and telling the truth, no matter how it impacts someone’s reputation, is always an excellent defense.

Always seek the appropriate medical attention, first and foremost. Call 911 if necessary. Visit a doctor. Make sure that the injured party receives the medical attention they require, before all else. If there is any risk of further injury, secure the scene and make sure everyone is safely out of harm’s way. As soon as everyone is safe, document what has happened. Be thorough and as detailed as possible. These days, everyone owns a smartphone which makes the documentation process much easier. Take photos of any vehicles involved, the area surrounding the accident, and any damage, plus take videos of witnesses as they describe what happened and provide you with their contact information. Make sure you keep every single receipt. Every single one. Medical bills, prescriptions, over-the-counter medicines (like Tylenol), car repairs, clothing tailoring or replacement if your clothes were damaged, bicycle repairs. Keep everything. Your losses can only be calculated if there is evidence of your costs. Don’t judge the seriousness of an injury right away. Many times, internal injuries are not obvious until later. Visit a doctor and wait for a professional evaluation. Contact your insurance company. Whether you will be filing insurance claim or not, contact your insurance company as quickly as possible. The other person or organization may have an insurance company they have contacted, so it is important to alert your provider about what happened before they are contacted by the other company. Discuss how to handle any immediate medical expenses, as your insurance company may cover them. You may be required to pay initial expenses out of your own pocket.