These days personal injuries are a common issue in all the states of the USA, including Utah. The injuries change the complete lifestyle of the victim. The damage can be minor and major as well. In severe cases, some people get a spin injury, head injury, dog bite, and even loss of their life.
The loss, pain, and damage you get cannot compensate completely, but you can recover somehow with a lawsuit. So, this is only possible if you consult an estate administration attorneys; otherwise, you will never recover your damage completely. We are here at a law firm in Utah with years of experience dealing with personal injury lawyer cases. This post has covered all basic terminology in a Utah personal injury claim. Please read them and contact us for further proceedings.
Terminologies in a Utah Personal Injury Claim
To compensate and win the case against the defendant, one must be aware of some terminologies of Utah’s personal injury claim. A few of them are listed below in detail.
Statute of Restrictions
Every state sets a time limit during which you can file a case. After passing this time, the courts may refuse to hear the case. For more information in this regard, you can consult your attorney. Courts in Utah give you four years to file a case after the personal injury. But, keep in mind that in case of a personal injury claim against any govt firm, you have only one year to apply for the case.
After filing the case, the court will see every aspect of what is the claim by a plaintiff. The final decision will be taken based on proof as the incident happened due to the negligence of the plaintiff or the defendant. Sometimes, the victim will get the full amount claimed for the damage. This amount can also vary if the victim is at fault.
For more understanding, we take the example that you are visiting a mart in your hometown. The floor of the mart was slippery due to the leakage of cooking oil from a packet. Suppose the owner of the mart knows about the slippery floor. Despite that, they didn’t bother to wipe it immediately, and you fall and get a spinal injury. Then, you will get 100% of the damage you claim.
But it is also your fault if you were using your mobile while shopping. In such a case, you will get 70% to 80% of the claim amount. If the claimed amount is $10,000, you will get $7,000 in case of a 30% fault on your side. In case of 50% fault towards your side, no amount will be given to you as compensation.
Dog Attack Cases
In many states, the “one bite” rule is applicable. Due to this rule, the dog owners claim they have no history of violence before, so they should be protected from injury liability. But in Utah, dog owners are fully responsible in case of personal injury caused by their dogs.
The no-fault system is applied in Utah for car accidents, which means the victim will provide full coverage of expenses by the company, no matter who was responsible for the incident. But remember that minor injuries will fall under the no-fault insurance umbrella. On the other hand, in case of serious injuries, you can file a petition against the at-fault driver. Such a case will take more time to resolve and need evidence like your medical report, property damage, and images/videos of the scenes if captured by police or other people.
Burden of Proof
The provision of evidence is the most important terminology in a Utah personal injury claim. After getting injuries, your top priority should be to visit a nearby hospital. Preserve all the reports and recommendations of doctors by copying every document. If you’re conscious and didn’t get serious injuries, ask someone to take photos and videos. These will be solid proofs whenever you claim for Utah Personal Injury.
The better way to save this evidence is on a computer or laptop. Never delete them, even after sending them to your attorney. It is also better to share them with your trustees, like children, siblings, or parents. These acts will help you win the case and surely get what you have claimed.