Personal Injury Law in Holladay

Utah

A serious injury sustained due to someone else’s negligence can affect all aspects of your life, your health, your income, and your family’s stability. Personal injury law can apply to any number of accidents that take place, such as car and truck collisions, slip and falls, dog bites, and premises liability cases. 

Insurance companies tend to conduct an expedient investigation into a claim and may try to minimize the amount of compensation they’re willing to provide. Having the knowledge of your rights in Utah personal injury law can help you make decisions following an accident. Hernandez Injury Law provides services in Holladay and the Salt Lake Valley. 

Lawyer Roberto Hernandez has a long history of litigation and counsels clients through the litigation process.

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Why Holladay Clients Choose Roberto Hernandez

There’s no shortage of personal injury firms in Utah. What separates one from another is who’s actually handling your case and what experience they’re bringing to it. 

Roberto Hernandez, prior to advocating for injury victims, dedicated years to the defense side of litigation, which is the same perspective that insurance companies utilize. This experience equips him with a comprehensive insight into the evaluation of claims, the tactics employed by insurers, and the common weaknesses in their arguments. He utilizes this expertise to construct more compelling cases for his clients.

Clients engage directly with Roberto throughout their case, ensuring there is no confusion or transition between different departments or staff members. Additionally, Hernandez Injury Law offers bilingual services in both English and Spanish and operates on a contingency fee basis for all personal injury cases, meaning clients only pay attorney fees if they receive compensation.

How Personal Injury Law Applies in Holladay

Personal injury law allows injured individuals to seek compensation when another person’s negligence causes harm. Whether an accident occurs on a roadway, commercial property, residential premises, or another location, Utah law may provide a path to recover damages when injuries result from preventable conduct.

Holladay is one of Salt Lake County’s established communities, with residents regularly traveling along Highland Drive, Van Winkle Expressway, and nearby Interstate 215. Accidents can occur in traffic, businesses, apartment complexes, shopping areas, and other public or private locations throughout the community. When negligence causes an injury, the consequences often extend far beyond the accident itself.

Utah's Modified Comparative Fault Rule

Utah follows a modified comparative fault system. An injured person may still recover compensation if they are found to be less than 50% responsible for the accident. Any compensation awarded is reduced by the percentage of fault assigned to them. Because insurance companies often attempt to shift blame onto injury victims, determining fault is frequently one of the most important issues in a personal injury claim. 

Every case is different, but most personal injury claims ultimately focus on the same question: whether another party’s negligence contributed to the injury and resulting damages. Establishing liability often requires reviewing evidence, medical records, witness statements, accident reports, and other documentation.

What Must Be Proven in a Personal Injury Claim?

Most personal injury claims are built around negligence. To recover compensation, it is generally necessary to show that another party owed a duty of care, failed to meet that duty, and caused injuries or damages as a result.

Depending on the circumstances, proving a claim may involve reviewing accident reports, witness statements, photographs, medical records, surveillance footage, and other available evidence. A thorough investigation can help identify responsible parties and establish the full impact of the injury.

Compensation Available in Personal Injury Cases

Most personal injury claims are built around negligence. To recover compensation, it is generally necessary to show that another party owed a duty of care, failed to meet that duty, and caused injuries or damages as a result.

Depending on the circumstances, proving a claim may involve reviewing accident reports, witness statements, photographs, medical records, surveillance footage, and other available evidence. A thorough investigation can help identify responsible parties and establish the full impact of the injury.

Medical Expenses

Emergency care, surgery, specialist visits and prescriptions.

Continuing Health Services

Treatment, therapy and assistive technology/devices

Lost Wages

Lost income while recovering

Reduced Earning Capacity

reduced working capacity caused by permanent disability

Pain and Suffering

Physical pain and emotional distress caused by the injury

Property Damage

Vehicle repair or replacement costs

The amount of your claim will rely on the extent of your injuries, how they affect you and your life and the evidence you have to back your claim.

Severe injuries frequently lead to costs that go well beyond the first visit to the emergency room. Continuous care, rehabilitation, time off work, and lasting disabilities can impact an individual’s financial security for many years. 

A personal injury claim aims to seek compensation that accurately represents the total effect of these losses.

How the Personal Injury Claim Process Works

There are five important stages to most personal injury claims. 

  • It starts with a free consultation, which is a time your attorney will review your case and provide you with your choices. 
  • The firm then investigates, collecting police reports, witness statements, and any surveillance footage. 
  • After that, the medical records are reviewed to record your injuries and lay the groundwork for your claim.
  • Once the investigation is complete, your lawyer directly contacts the insurance company for the at-fault party. 
  • When a fair settlement is not reached, Hernandez Injury Law is ready to go to trial.

How Hernandez Injury Law Helps Clients

From the first day, we deal with all aspects of the communications with insurance companies, making insurers’ tactics of pressure and minimization look ineffective. We advocate for your medical records to be as complete as possible. 

Communicating with your treating doctors, we work with specialists to determine your long-term care needs, and we develop a case strategy specific to your case. If settlement negotiations do not lead to a just case outcome, Hernandez Injury Law is ready to file a lawsuit and keep representing clients through the legal process. 

Call us today and we’ll review your case for free and without obligation in Holladay!

Frequently Asked Questions

Hernandez Injury Law operates on a contingency fee basis, meaning that you don’t pay any fees up front, and there is no attorney fee unless we’re able to get you compensation. Attorney fees are collected as a percentage of any settlement or recovery obtained on your behalf, as outlined in the fee agreement signed at the beginning of the case. 

Get medical attention right away, even if injuries appear to be minor. Take proper steps to file a police report, take photos of the scene, and refrain from giving recorded statements to insurance companies prior to speaking with an attorney. Having legal advice from the beginning safeguards your claim.

In Utah, the statute of limitations for most personal injury claims is four years. The period of time for government claims is much shorter (usually 1 year). Failure to make the deadline will result in no compensation.

Utah follows a modified comparative fault rule. You can still recover damages if you are less than 50% at fault, but your compensation will decrease based on your share of responsibility. An attorney can help challenge allegations that unfairly exaggerate your share of fault.

You are not required to hire an attorney, but legal representation can help injury victims understand their rights, gather evidence, and navigate negotiations with insurance companies. Insurance adjusters are trained to minimize payouts; having an experienced attorney levels the playing field significantly.

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.

Discuss Your Personal Injury Claim in Holladay

If you or a loved one has been hurt due to someone else’s negligence, Hernandez Injury Law is ready to help. Attorney Roberto Hernandez, an experienced litigator, offers free consultations, no upfront fees, and fully bilingual representation in English and Spanish. Understanding your legal rights early can help you make informed decisions about your claim. Contact Hernandez Injury Law to discuss your situation and learn more about your options.

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