The term ‘personal injury’ typically evokes images of broken bones, scars, or other physical manifestations of harm. But, there’s another facet to these injuries that’s less visible but can be equally, if not more, debilitating – emotional trauma.

Emotional trauma refers to the psychological impact of a distressing event. It can occur as a reaction to a one-time event, like a car accident, or from ongoing stressors, like dealing with a long-term illness. Symptoms can range from anxiety and depression to post-traumatic stress disorder (PTSD). It can affect every aspect of a person’s life, including their ability to work, maintain relationships, and enjoy everyday activities.

Despite the severity of emotional trauma, it often gets overlooked in personal injury cases. The primary reason is that it’s not as concrete or straightforward as physical harm. It’s more abstract, less visible, and thus, more easily dismissible. However, this does not mean it is any less real or any less important.

At Hernandez Personal Injury Attorney, we are expert attorneys in Utah who acknowledge the significant impact of emotional trauma and strive to ensure it is given due consideration in each personal injury case we handle. We understand that emotional trauma can persist long after physical wounds have healed. That’s why we fight for our clients to receive compensation for psychological damages, just as they would for physical injuries.

The process of obtaining compensation for emotional trauma can be complex, but with a Utah personal injury lawyer by your side, the journey becomes less daunting. An expert attorney will know how to present your case, gather evidence, and argue for the recognition of your emotional trauma.

Documentation from mental health professionals can provide essential evidence of the psychological harm you’ve endured. This can include diagnoses, treatment plans, and professional opinions on the impact of the trauma on your daily life.

Therapeutic records can also show the ongoing nature of emotional trauma. This is important in personal injury cases because unlike physical injuries, which often have a clear healing timeline, emotional trauma can persist indefinitely.

The overlooked aspect of emotional trauma in personal injury cases is a significant issue. However, with the help of knowledgeable and compassionate lawyers like those at Hernandez Personal Injury Attorney, victims can pursue the justice they deserve.

Remember, you are more than just your physical injuries. Your emotional wellbeing is equally important, and it merits recognition and compensation in a court of law. If you or a loved one are dealing with the aftermath of a personal injury, don’t hesitate to reach out. Our dedicated team is here to help guide you through this challenging process, providing expert legal advice with a personal touch.

In conclusion, emotional trauma is an often overlooked, yet critical aspect of personal injury cases. Its recognition is an important step towards comprehensive healing and justice. At Hernandez Personal Injury Attorney, we are committed to bringing this issue to light and advocating for the rights of victims in Utah and beyond.

The post Emotional Trauma and Why It Is Often Overlooked in Personal Injury Cases appeared first on The Law Offices of Roberto Hernandez, PLLC..

Regarding personal injury claims, the most common types are negligence and intentional torts. Negligence occurs when someone fails to use reasonable care, resulting in harm to another person or their property. Intentional torts occur when someone acts intentionally to cause harm. This can include assault, battery, false imprisonment, and more.

Negligence Injury Claims

Negligence is a concept that exists in many areas of the law, but it’s crucial to understand when it comes to personal injury. In cases where an individual is injured due to another person or entity’s negligence, they might be entitled to pursue financial compensation for their losses and damages.

To determine whether someone had a legal duty of care and failed to uphold it, courts will often consider four key components: duty, breach, causation, and harm. The defendant must have had a legally recognized duty of care towards the plaintiff (for example, drivers have a responsibility to operate vehicles with reasonable care); the defendant breached this duty by failing to exercise proper care; there was a direct relationship between the breach and the resulting harm, and the plaintiff suffered some form of harm or injury as a result.

Suppose all four elements of negligence are established. In that case, the defendant may be liable for damages. The plaintiff can seek financial compensation to help cover medical bills, lost wages, pain, suffering, and other losses associated with their injuries.

It’s important to note that not all accidents or acts of carelessness constitute negligence – sometimes, an incident is simply an unfortunate event, with no one at fault. When this is the case, it is unlikely that a court will award any financial damages.

Intentional Torts

Intentional torts are civil wrongs that occur as a result of deliberate, intentional conduct. These types of torts differ from negligence-based claims because the person who caused the harm must have intended to cause the damage or acted in such a way that they knew it was substantially certain their actions would lead to an injury.

Common intentional torts include assault, battery, false imprisonment, and trespass. All these torts involve physical contact or some threat of physical contact. For example, assault occurs when one person threatens another with imminent bodily harm, and the battery is any form of harmful or offensive touching without consent. False imprisonment happens when someone restricts the movement of another against their will, while trespass occurs when an individual deliberately enters another’s property without permission.

Victims of intentional torts can take civil action against the person who caused them harm and seeks financial compensation for their damages. Damages are usually awarded for medical expenses, lost wages, and pain and suffering. Depending on the circumstances, victims may be entitled to punitive damages if there was malicious or willful misconduct involved in the tortious conduct.

Damages for a personal injury claim can include medical expenses, lost wages and benefits, pain and suffering, and emotional distress. In some cases, punitive damages may also be awarded if the defendant’s conduct was considered especially egregious or reckless. The compensation you receive depends on the severity of your injuries and other factors, such as the extent of your losses.

When selecting a personal injury lawyer for your case, it is important to do your research. Look for lawyers specializing in the type of claim you are pursuing and those with extensive experience handling similar cases. Ensure the lawyer has a good reputation and is willing to provide free consultations.

It is important to remember that you deserve compensation if you have been injured due to another person’s negligence or intentional acts. With the right information and guidance, you can get the justice you deserve by filing a personal injury claim. Good luck!

The post Types of Personal Injury Claims: Everything You Need to Know appeared first on The Law Offices of Roberto Hernandez, PLLC..

When You Can File a Claim or Lawsuit Even After Signing a Waiver or Contract:

1. If the waiver was invalid, it was not correctly filled out, signed, and witnessed.
2. If you have suffered an injury due to gross negligence by the other party involved.
3. If there is evidence of fraud or misrepresentation in regard to the terms of the contract or waiver.
4. If the conditions of your agreement have been changed without your consent or knowledge.
5. If you are a minor who has signed away their rights without parental consent or guardian oversight.
6. If there is ambiguity in the contract wording or waiver, that can be used as a legal loophole.

Tips for Avoiding These Situations:
1. Before signing anything, carefully read over the document and understand all of the implications involved. If you don’t understand something, seek clarification from an attorney or another trusted source before signing.
2. Do not sign any contracts or waivers until all parties have agreed to the terms in writing and signed the document (if applicable).
3. Ask questions about anything you need clarification on before signing your rights away. Make sure all parties involved fully understand what they are signing up for.
4. If necessary, take some time away from the situation and think it through before making a final decision on whether or not to sign something.
5. If you are a minor, make sure your parent or guardian is aware of and agrees to the terms before signing any documents.

Although signing a waiver or contract can seem like an easy way to get out of a situation, it is important to remember that you can still file a claim or lawsuit even after doing so. Understanding when this is possible and taking steps to avoid these situations will help ensure your rights are fully protected. A personal injury lawyer can provide further advice on your specific case’s legal implications of waivers or contracts.

If you or someone you know has suffered an injury due to a waiver or contract, contact a personal injury lawyer today for more information about your rights and how to proceed.

The post Even After You Sign a Waiver or Contract, You May Still Be Able to File a Claim appeared first on The Law Offices of Roberto Hernandez, PLLC..

The main advantage of settling is saving you time and money. Settlements are typically faster than going to court and usually involve fewer legal fees. Additionally, when you settle, you have more control over the outcome of your case. You can negotiate a settlement that works for both parties without waiting for a judge’s or jury’s decision.

On the other hand, if there is insufficient evidence in your favor or the insurance company refuses to make a fair offer, it may be better to go to court. In this case, you would need an experienced personal injury lawyer who could represent your interests in front of a judge and jury. Taking a chance to court also allows for punitive damages which cannot be recovered in a settlement.

Ultimately, deciding to settle or take your case to court is up to you. However, there are some factors that you should consider before making this decision. You should consider whether your claim has enough evidence and strength to support it in court and if the insurance company is offering a fair and just amount. You should also consider how much of your time and money you’re willing to invest in the process. Additionally, weighing how much risk you’re comfortable with when making this decision, going to court can often be more unpredictable than settling.

Settling or taking a case to court can have advantages and disadvantages, so it’s important to take your time to consider all of the factors before making a decision. With the help of an experienced personal injury lawyer, you can make an informed choice about how to proceed with your case and get the best outcome for yourself.

*NOTE: This content should only be used as guidance and not be copied verbatim. Reach out to a legal professional to talk about your options.

The post Should You Settle Your Personal Injury Claim or Take It to Court? appeared first on The Law Offices of Roberto Hernandez, PLLC..

The first step in suing for a workplace accident is to file a workers’ compensation claim with your employer. This ensures you are eligible for any benefits and medical care the state provides, such as disability payments or medical coverage. You may also be able to receive damages from your employer, depending on the circumstances of the accident.

Next, it is important to work with an experienced personal injury attorney. A lawyer can help you determine who may be liable for your injuries – your employer, a co-worker, a manufacturing company, or any other party – and how much money you may be entitled to. Your lawyer will also help build your case by gathering evidence, interviewing witnesses, and representing you in court. Workers’ compensation benefits are limited, so it may be necessary to sue for additional damages to compensate you for your losses entirely.

Several factors must be considered when filing a workplace accident lawsuit. First, you will need to determine who can be held liable and what type of damages you may be able to recover. This includes proving how the accident occurred and demonstrating that the employer or other party was at fault. Additionally, it would help if you considered any medical bills or lost wages related to your injury and any “pain and suffering” you experienced due to the accident.

It is also important to understand the statute of limitations when suing for a workplace accident. This is the time limit within which a lawsuit must be filed and varies from state to state. Your attorney can help you determine your case’s appropriate statute of limitations.

Utah Compensation Laws

In Utah, workers’ compensation laws protect most injured employees. Under these laws, employers must provide their employees with medical coverage and wage replacement benefits if they suffer a workplace injury or illness. However, there are some cases in which an employee may be able to sue for additional damages. These cases include:

-When the employer acted recklessly or intentionally caused the injury

– When the employer fails to provide a safe work environment

– When the employer does not comply with workers’ compensation laws

– When an outside party is responsible for causing the accident (e.g., a manufacturer of faulty equipment)

If you decide to sue your employer for a workplace accident, it is essential to remember that you must prove your employer was at fault. You will likely need to enlist the help of an experienced personal injury attorney’s help to build a strong case against your employer. Your attorney can also help you seek damages, including:

-Medical expenses

– Lost wages

– Pain and suffering

– Emotional distress

– Punitive damages (in cases involving intentional misconduct)

If you have been injured on the job, it is important to understand your rights and take action quickly. A skilled personal injury attorney can help you file a workers’ compensation claim and bring a lawsuit against those responsible for your injuries. With an experienced lawyer by your side, you can ensure that you receive total and fair compensation for all of your losses.

Contact a qualified legal professional today for more information about how to sue for a workplace accident or to discuss your specific case with an attorney. An attorney can help protect your rights and get you the compensation you deserve.

The post You Have the Right to Sue for a Workplace Accident – Here’s How appeared first on The Law Offices of Roberto Hernandez, PLLC..

First, it is important to understand the damages. This refers to the monetary compensation an injured person can receive after an accident or injury. Damages may include medical costs, lost wages, pain and suffering, and other expenses related to the incident. For a plaintiff (the injured individual) to receive damages, they must demonstrate that the defendant (the responsible party) acted negligently or intentionally caused harm.

Second, you should know about statutes of limitations. These laws limit how long a person has to file a personal injury suit in court after being injured or wronged. The statute of limitations varies by state and type of claim, so it is important to familiarize yourself with your local laws before filing a claim.

Next, it is also important to understand comparative negligence. This term refers to the concept that both parties involved in an accident may be partially at fault for an injury. If a plaintiff is found to be even slightly responsible for their injuries, then their damages award will likely be reduced accordingly.

Finally, you should become familiar with settlement agreements. These are negotiated contracts between the injured party and the defendant, which state that the defendant agrees to pay a certain sum of money in exchange for the plaintiff waiving all rights to further legal action against them related to the incident in question. It is important to note that once a settlement agreement has been signed, it cannot be retracted or changed by either party involved.

By understanding the terms discussed in this blog post, you will be better prepared to handle a personal injury claim better. Knowing how personal injury claims work can lead to a smoother process and help ensure you receive the compensation you deserve.

If you have been injured and would like more information or assistance with your case, contact an experienced personal injury attorney today. They can guide all of the terms discussed here and answer any questions you may have. With their help, your rights and best interests will surely be represented throughout the process.

The post The Most Important Terms to Know for a Successful Personal Injury Claim appeared first on The Law Offices of Roberto Hernandez, PLLC..

Here are some statistics that about how dangerous parking lot accidents can be:

• Every year there are over 60,000 injuries and 500 deaths in the United States due to car accidents in parking lots and garages.
• Nearly one in five car accidents happen in a parking lot or garage.
• Parking lot accidents are most likely to happen between 3 p.m. and 6 p.m. when people are communiting to home from work or school.

So why are parking lot accidents so dangerous? There are a few reasons:

• There are a lot of pedestrians in parking lots, and cars often have to back up or turn around, making it easy to hit someone.
• Parking lots are often full of obstacles like shopping carts, garbage cans, and other vehicles, making it difficult to see people or things in your path.
• People tend to drive more quickly in parking lots than on streets or highways, which increases the risk of an accident.
• People choose to drive distracted. It is important to never be on your phone while driving. Many times people try to argue that they were trying to route GPS. There is no excuse for using your GPS while driving; routing where you need to go should be done while your car is parked and turned off. 
• People only do one check before backing out or moving in a parking lot. It is too common for people to glance from one angle and decide it is safe. Always check multiple times while backing up, making turns, or proceeding in a parking lot to ensure someone is not behind or near your car.
• Drivers trust backup cameras and sensors. Although these are tools to help detect something if you cannot see it, it is still your responsibility to check your surroundings, and you should never solely rely on these pieces of technology.

When involved in a parking lot accident, there are a few things you should do:

• Call the police. Even if the damage seems minor, it’s important to have an official report on file.
• Exchange information with the other driver, including insurance information.
• Take photos of the damage to both vehicles.
• Get the contact information of any witnesses.
• See a doctor, even if you don’t think you’re injured. Some injuries, like whiplash, can take days or weeks to appear.

If you’re injured in a parking lot accident that wasn’t your fault, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. An experienced personal injury lawyer can help you understand your rights and fight for the compensation you deserve.

The post Why Are Parking Lot Accidents So Dangerous? appeared first on The Law Offices of Roberto Hernandez, PLLC..

A pedestrian crosswalk is a designated area for pedestrians to walk across a road. In most cases, pedestrian crosswalks are marked by paint or lines on the pavement, and sometimes they also have signs or signals. 

Pedestrian crosswalk accidents are, unfortunately all too common. In fact, according to the National Highway Traffic Safety Administration (NHTSA), pedestrian fatalities account for about 16 percent of all traffic fatalities each year in the United States. And, of those pedestrian fatalities, nearly 70 percent occur at intersections or crosswalks.

While pedestrian crosswalks are designed for pedestrians’ safety, they are not guaranteed. Pedestrians can be wrong when using a crosswalk if they fail to yield to oncoming traffic, cross outside of the crosswalk markings, or jaywalk.

Jaywalking, in particular, is a significant problem when it comes to pedestrian crosswalk accidents. Jaywalking is defined as crossing a street outside of a designated crosswalk. It is illegal in many states, but that doesn’t stop people from doing it.

Jaywalking is dangerous because it puts pedestrians in the path of oncoming traffic, and drivers may not be expecting to see pedestrians crossing outside of a crosswalk. In 2016, there were nearly 6,000 pedestrian deaths in the United States, and about 15 percent of those were caused by jaywalking.

If you’re a pedestrian, it’s important to use crosswalks correctly and obey all traffic laws. And if you’re a driver, be extra cautious when driving near crosswalks, especially if pedestrians are nearby.

So, who has the right-of-way at a crosswalk?

Pedestrians generally have the right-of-way when crossing the street at a marked or unmarked crosswalk. This means drivers must yield to pedestrians and not pass other vehicles stopped at a crosswalk to avoid stopping pedestrians.

However, there are some exceptions to this rule. For example, if a pedestrian is crossing the street outside a crosswalk when a crosswalk is available or against a traffic signal, the pedestrian does not have the right-of-way. In this case, drivers are not required to yield and may proceed through the intersection as usual.

Additionally, even when pedestrians have the right of way, they still need to exercise caution. Just because a driver is required to yield doesn’t mean that the driver will see the pedestrian or be able to stop in time. Pedestrians should always look both ways before crossing the street, even if they have the right-of-way, to ensure that it is safe to do so.

How To Stay Safe Crossing The Street:

• Put your phone away. Do you cross or begin to cross a street while being distracted.
• Look both ways before crossing the street, even if the crosswalk has a traffic light. Also, check behind and in front of you, as looking left to right will not give information if someone is coming up from a different angle. 
• If there is no traffic light, yield to oncoming traffic before entering the crosswalk.
• Always use a crosswalk if there is one.
• Make sure that all vehicles have stopped before proceeding across the street.
• Don’t assume drivers will yield to you – always be aware of your surroundings.

Following these simple tips can help reduce your risk of being involved in a crosswalk accident. Remember, pedestrian safety is always a shared responsibility.

The post Pedestrians vs Crosswalks- When Are You In The Wrong? appeared first on The Law Offices of Roberto Hernandez, PLLC..

First, it is important to get medical help if you need it. Even if you feel fine, it is always best to get checked out by a doctor. If you have any serious injuries, be sure to get them treated as soon as possible.

Next, you will want to contact your insurance company and start the claims process. This can be daunting, but it is important to do it as soon as possible. The sooner you start, the sooner you can get your life back to normal.

Taking some time for yourself after a car accident is also important. This can be a very stressful time, and it is important to give yourself time to heal. Take some time off work if you can, and spend time with loved ones. Relax and recharge, and you will be ready to face the world again in no time.

Physical Recovery:

As stated above, seeking medical attention is crucial, even if you feel fine. Often adrenaline can mask pain and injuries sustained in an accident. A doctor will properly assess your condition and rule out any serious injuries. Once you have been cleared by a medical professional, follow their instructions for care. This may include rest, ice, heat, physical therapy, or other treatments.

If you have injuries requiring more extensive treatment, follow your treatment plan and be patient. It can be difficult to be sidelined by an injury, but giving your body the time it needs to heal properly is important.

Medical attention is also important because it documents your injuries. Do not skip seeking medical attention.

Emotional Recovery:

The emotional fallout from a car accident can be just as debilitating as physical injuries. It is not uncommon to experience symptoms of PTSD or anxiety after an accident. If you are struggling emotionally, reach out for help from a therapist or counselor. Talking about your experience can help you process what happened and start to move on.

In addition, you can take some practical steps to make a recovery easier. Make sure you exchange insurance information with the other driver involved in the accident. If you or a witness can, take photos of the damage to both vehicles. Keep a detailed record of any medical appointments, treatments, and expenses related to the accident. This will be helpful if you need to file an insurance claim or personal injury lawsuit.

Sadly, most people will experience some form of car accident in their lifetime- whether it is a fender bender or a major collision. No matter the accident’s severity, it can be a traumatic and overwhelming experience. Knowing the steps, you need to take to recover physically and emotionally from a car accident is important. If you are a victim of a car accident, contact us. 

The post Recovering From a Car Accident appeared first on The Law Offices of Roberto Hernandez, PLLC..

Distracted Students

Many students (roughly 80%) in middle and high school engage in unsafe street-crossing behavior, such as wearing headphones and hoodies, talking to their friends, or just looking down at their phones. Distracted crossing of roads is a key factor in many pedestrian injuries.

Unsafe Drivers

Nearly one in three drivers are spotted making unsafe maneuvers to drop off or pick up students. We have also noticed that about one in ten drivers arrives/pull up to the school distracted by their mobile devices.

Inexperienced Drivers

School zones contain many high school students with newly acquired licenses. This can be a major risk factor for school zone collisions as about 55 percent of school zone accidents in the U.S. occur when a teenager is behind the wheel.

School Zone Speed Limit

Speed limits in school zones are usually reduced during specific hours only. Some drivers do not pay attention to these changes in speed limit resulting in unintentional speeding in school zones that put other drivers and students at risk of injury.

Lack of Sidewalks and Traffic Control

In rural school zones, it is common for them to not have any sidewalks. In fact, over a quarter of high schools lack the proper amount of pedestrian crossing assistance such as traffic lights or pedestrian crosswalk signals. These devices have been tested and the results show over a 15 percent decrease in pedestrian collisions.

With the school year coming to a close, our expert attorneys are trying their best to educate people for the next one to come. If you are fully aware of the aforementioned reasons for school zone collisions, you may be able to prevent an accident throughout the next school year. The roads have become a more dangerous place in this post-pandemic world and children should not be paying for our irresponsibilities.

If you or a loved one has been injured in a school zone accident and have sustained significant injuries, contact our lawyers at The Law Firm of Roberto Hernandez to get the best legal representation in the state of Utah. Call today to receive a free consultation on your case, as we are here ready to fight for you so you can focus on fully recovering before next term.

The post School Zone Collisions: Why do they happen? appeared first on The Law Offices of Roberto Hernandez, PLLC..