Personal Injury East Millcreek

Utah

Being injured in an accident is stressful enough. Then there are the medical expenses, the lost time at work, and the insurance company that won’t return your call. If someone else’s negligence caused your injury, Utah law may allow you to pursue compensation for your medical expenses, lost income, pain and suffering, and other losses.

Personal injury law is designed to hold those who were negligent accountable and to seek restitution for victims of personal injuries for their medical expenses, lost income, and pain and suffering caused by serious injuries such as broken bones, loss of a loved one, and more. In Utah, the central question is one of fault: Was there carelessness, and was this carelessness responsible for your injury?

Families live, shop, and spend time along the busy corridors in the East Millcreek residential community in Salt Lake County. As in the Salt Lake Valley, accidents occur on the roads, in commercial facilities, and on private property in this area. If they do, Attorney Roberto Hernandez is there to assist them.

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Why East Millcreek Clients Choose Roberto Hernandez

There is no shortage of personal injury law firms in Utah. What separates one from another is who is actually handling your case and the experience they bring to it.

Before representing injury victims, Roberto Hernandez spent years working on the defense side of litigation, the same side insurance companies rely on when defending claims. That experience gives him insight into how insurers evaluate cases, the arguments they use, and where those arguments often fall short. 

This background allows him to have a clear perspective on the way claims are assessed, the basis on which claims are being made, and where that basis is often flawed. He leverages that knowledge to strengthen the cases for his clients.

All clients are directly involved with Roberto in the case. No transfers from one department to another or one member of staff to another. Hernandez Injury Law also serves bilingual clients in English and Spanish and works on a contingency fee basis, which means that they will not get paid unless they’re able to recover any compensation.

How Personal Injury Law Applies in East Millcreek

Personal injury law allows injured individuals to seek compensation when another person’s negligence causes harm. The same laws apply to any type of accident resulting from negligence, whether it is a car accident on a Salt Lake County road, a slip and fall on an unmaintained commercial property, or any other type of accident.

East Millcreek residents regularly travel along Highland Drive, 3900 South, and nearby Interstate 215. Accidents can occur on busy roadways, in shopping centers, apartment communities, restaurants, and other public or private properties throughout the area. When negligence causes an injury, the consequences often extend far beyond the accident itself.

Utah's Modified Comparative Fault Rule

In Utah, it’s a hybrid comparative fault state. If an injured party is deemed to be less than 50% responsible for the accident, they may still recover damages. Any money granted will be deducted by the percentage of fault they are responsible for. It’s important to know how fault is allocated, and that’s one of those things that experienced legal representation in the early stages can make a difference in.

What Must Be Proven in a Personal Injury Claim?

There are four elements that must be established to have a successful personal injury case:

Duty of Care

The party at fault was legally required to act reasonably in the situation.

Breach of Duty

They failed to meet that obligation through their actions or inaction.

Causation

The failure directly caused the accident and your injuries.

Damage

You actually were injured, either physically, financially, or both.

These elements of a case are only a case when there is evidence to support the facts. Medical records, accident reports, photos, and witness statements are all involved, along with expert opinions. The more convincing and comprehensive the evidence, the better you’ll be able to present your case in court or to negotiate with insurance companies

Compensation Available in Personal Injury Cases

There can be financial repercussions to serious injuries that go well beyond the cost of the injuries. A person’s long-term financial status and quality of life may be impacted by ongoing care, rehabilitation, lost work, and restrictions for years. The goal of a personal injury claim should be to compensate for those losses in full.

Depending on your circumstances, you may be entitled to:

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

Medical Treatment:

Treatment or procedures that will be needed in the future as a result of the injury.

Lost Wages:

The income that you lost because of your injuries.

Loss of earning capacity:

If your injury prevents you from earning income in the future.

Pain and Suffering:

Utah law does allow for compensation for emotional distress and physical pain.

Damage to Property

Any costs associated with repairing or replacing the vehicle (if damaged) and any other property.

Every injury affects people differently. Some individuals recover within a few months, while others require ongoing treatment, rehabilitation, or permanent lifestyle adjustments. The value of a personal injury claim depends on the severity of the injuries, the available evidence, and the long-term impact the accident has had on the victim’s life. 

How the Personal Injury Claim Process Works

  • Free Consultation: Roberto Hernandez speaks with you about your situation for free.
  • Investigation: The company conducts an investigation of the accident, obtains police reports and determines liability.
  • Evidence Collection: medical records, pictures, and witness statements
  • Negotiation: Most Utah personal injury cases settle without going to court.
  • Litigation: If the insurance company does not pay a reasonable settlement, the case goes to trial.

How Hernandez Injury Law Helps Clients

  • The aim of insurance adjusters is to reduce the amount paid. You deserve someone who’s as ready to work for you. Hernandez Injury Law deals with:

  • All communication with all insurance companies, on your behalf
  • The gathering of evidence and documentation of the case.
  • Having a good working relationship with your healthcare providers
  • Settlement negotiations
  • Litigation, when necessary

Frequently Asked Questions

Nothing upfront. The firm works on a contingency basis, which means that you only pay the firm if your case is successful. Consultations are always complimentary.

Get medical attention first. Record the scene, gather witness information, and do not provide recorded statements to insurance companies without consulting a lawyer first.

Utah’s statute of limitations is four years from the date of injury. There may be a shorter time limit for cases involving government entities, so don’t wait.

Utah has a modified comparative fault system. You can still recover compensation as long as you’re less than 50% at fault, though your award will be reduced by your percentage of fault.

You’re not required to, but having one almost always leads to better outcomes. Insurance companies routinely offer less to unrepresented claimants. An attorney knows how to value your claim and negotiate effectively.

It depends on the complexity of your case and whether it settles or goes to trial. Straightforward claims can be resolved in a few months. Cases involving serious injuries or disputed liability may take a year or longer. Roberto Hernandez will give you a realistic timeline once he reviews the details of your situation.

Speak With an East Millcreek Personal Injury Lawyer

If you’ve been injured because of someone else’s negligence, speaking with an attorney early can help protect your rights and preserve important evidence. Hernandez Injury Law offers free consultations with no upfront fees. Learn what options may be available before speaking with the insurance company.

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